Your personal data will be used to process your order, support your experience throughout this website, and for other purposes described in our privacy policy.
Terms of Sale
Last Modified: April 29, 2020
These terms and conditions apply to Services provided by Trademark Me Now, LLC (“we” or
“us”).
You may contact us by email at support@trademarkmenow.com.
These terms and conditions are in addition to the Website Terms of Use and Privacy Policy and
apply to the sale of any Online Course and/or Taught Course. Please read these terms and
conditions carefully before purchasing an Online Course and/or Taught Course and print off a copy
for your records.
If there is any conflict between our Website Terms of Use and Privacy Policy, these terms and
conditions and any Course Specific Terms and Conditions which might apply to a specific Online
Course or Taught Course then the conflict shall be resolved by applying the following order of
priority:
1. Course Specific Terms and Conditions;
2. Website Terms of Use and Privacy Policy
3. These Standard Terms for the Purchase of Online and Taught Courses.
By making purchases via our website, you agree to the terms of this Term of Sale which will bind
you. If you do not agree to these terms and conditions you must cease to continue to purchase any
Services from us.
1. Definitions
“Confidential Information” means information provided by one party to the other in written,
graphic, recorded, machine readable or other form concerning the business, clients, suppliers,
finances and other areas of the other party’s business or products, including, without limitation,
the Course Materials, but does not include information in the public domain other than through the
default of the party disclosing the information, information required to be disclosed by any court
or regulatory authority, or any information already in the possession or control of the disclosing
party.
“Course Materials” means the information provided by us to accompany a course provided as part
of the Services in hard copy or electronic form.
“Fees” means the fees paid by you to us for the Services.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights,
performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential
Information and other intellectual property rights (registered or unregistered) throughout the world.
“Online Course” means the delivery by us of an online course pursuant to which you learn course
materials remotely.
“Services” means the provision of the Online Course and/or the Taught Course and/or the Course
Materials together with such other services as agreed from time to time and purchased by you
through the Website, online seminar or by telephone.
“Taught Course” means a course taught by us in a classroom setting to which you attend in person
or virtually.
“Website” means www.trademarkmenow.com
“you” means the individual purchasing the Services.
2. The Services
2.1. A description of the Services together with the dates on which the Services will begin are
available on our Website. We will provide the Services with reasonable care and skill in
accordance with the description set out on the Website.
2.2. We reserve the right to vary or withdraw any of the Services described on the Website without
notice.
2.3 We expect the Services you are purchasing will meet your needs. We do not make any
guarantee to you that you will obtain a particular result, professional qualification or business
opportunity from your purchase and completion of any of the Services.
2.4 The Services are created, and is intended for, educational purposes only and do not contain and
should not be used as legal advice or in the place of legal advice. The Services may not list all the
steps required for your specific situation. Purchasing, reading or following the information
provided in the Services do not take the place of hiring an attorney and does not create an attorney-
client relationship between you and us or the course instructor. It is highly recommended that you
discuss your specific situation with an attorney and you’re invited to contact us via email at
support@trademarkmenow if you need a referral to an attorney. The hiring of an attorney should
not be based solely on advertisements.
3. Ordering Services
Purchasing Services via the Website
3.1. In order to purchase any of the Services on-line you must register for an account with us via
the Website. If you already have an account with us you can log into your account using your user
name and password.
3.2. When you place an order for a Service via the Website, you are offering to purchase the
Services on these terms and conditions. We reserve the right to cancel or decline your order or
any part of your order at any time until it has been confirmed in accordance with clause 3.5 below.
3.3. A legally binding agreement between us and you shall come into existence when we have:
(a) accepted your offer to purchase Services from us by sending you an email confirming the
purchase; and
(b) received payment of the relevant Fees from you in accordance with clause 5 below.
3.4. Where your order consists of multiple Online Courses or multiple Taught Courses, each
individual course will be treated by us as a separate offer to purchase. Acceptance of your offer
to buy one or more courses will not be acceptance by us of your offer to purchase any other courses
which make up your order.
4. Cancellation and Variation
4.1. Subject to clause 4.2 below, where we have accepted or confirmed the Services being
purchased by you and formed a legally binding agreement with you in accordance with clause 3.3
above, then you are permitted within 3 business days starting on the day after the date you
purchased the Service, to cancel your purchase of the Services.
4.2. If you have purchased an Online Course and have already accessed, downloaded all or part of
the Online Course and/or started to use that Online Course then you shall have no right to cancel
your order.
4.3. Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of Services
and any other cancellation and / or variation of course dates will be at the sole discretion of
Trademark Me Now, LLC.
5. Fees
5.1. The Fees for the Services shall be as set out on the Website at the time you placed an order
for them.
5.2. Unless otherwise specified at the time you purchase the Services the Fees are exclusive of all
other local taxes, the cost of some Course Materials and any delivery costs payable in respect of
the delivery of Course Material to you. Each of these costs will be set out in the Website prior to
your purchase the Services.
5.3. Unless specifically stated otherwise on the Website, all Fees shall be exclusive of any amounts
required by any government body. These are payable by you directly to the relevant government
body and we accept no responsibility or liability for your failure to pay any fee with the relevant
government body.
5.4. Fees for the Service selected by you on the Website shall be debited from your credit / debit
card at the time of purchase. Fees must be paid in full prior to you attending any Taught Course
or accessing any Online Course.
5.5. Any fees charged by your debit or credit card provider in connection with your purchase of
Services are for your own account and we will not be responsible for these.
5.6. You are solely responsible for any and all costs you incur in connection with your attendance
at any Taught Courses or your access onto any Online Course.
6. Liability
6.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor
should it be taken to be, the provision of legal advice.
6.2. Although we aim to provide the Services to the highest standards of the industry, neither we,
nor its course instructors accept any liability for (i) any inaccuracy or misleading information
provided in the programs or Course Materials and any reliance by you on any such information,
(ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect,
special or consequential damages arising from any breach of the terms of this agreement.
6.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions,
warranties or other terms shall apply to the Services. Subject to clause 6.5 no implied conditions,
warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for
purpose or conformance with description).
6.4. Subject to clause 6.5 below and the Website Terms of Use and Privacy Policy, Trademark Me
Now, LLC’s total liability arising from or in connection with these terms and conditions and in
relation to anything which we may have done or not done in connection with these terms and
conditions and the delivery of the Service (and whether the liability arises because of breach of
contract, negligence or for any other reason) shall be limited to the Fees received by us in
connection with the relevant Online Course or Taught Course in relation to which a dispute has
arisen.
6.5. Nothing in this Agreement shall exclude or limit Trademark Me Now, LLC’s liability for (i)
death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other
matter which under Florida law may not be limited or excluded.
6.6. No claim may be brought more than twelve (12) months after the date on which the liability
arose.
7. Intellectual Property
7.1. All Intellectual Property Rights in the Course Materials, Online Courses and the speeches
made by instructors in the Taught Courses are, and remain, the intellectual property of Trademark
Me Now, LLC.
7.2. You are not authorized to:
(i) copy, modify, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit or
distribute any of the Course Materials or Taught Courses without the prior written permission of
Trademark Me Now, LLC;
(ii) record on video or audio tape, relay by videophone or other means the Online Course or Taught
Course;
(iii) use the Course Materials in the provision of any other course or training whether given by us
or any third-party trainer;
(iv) remove any copyright or other notice of Trademark Me Now, LLC on the Course Materials or
Taught Courses;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer any software
forming part of the Online Courses or Taught Courses.
Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions
with you and cease to provide you with any Services, including but not limited to access to the
Online Courses.
7.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-
exclusive license to use the Course Materials and the software in respect of the Online Course for
the sole purpose of completing the Online Course and / or attending the Taught Course.
8. Confidentiality
8.1. You shall keep the Confidential Information strictly confidential and not use it for any purpose
other than for the purposes of these terms and conditions, and shall return it on demand and not
retain copies of it.
8.2. You may disclose Confidential Information to its legal and other advisors for the purposes of
obtaining advice from them.
8.3. This clause shall survive the termination of these terms and conditions.
9. Termination
9.1. We have the right to terminate these terms and conditions and cease to provide you with any
Services with immediate effect in the event that you:
a. fail to pay when due your Fees;
b. act in an aggressive, bullying, offensive, threatening or harassing manner towards any
agent of Trademark Me Now, LLC, any instructor, teacher or lecturer who provides the
Taught Courses or any student who attends any Taught Course;
c. are in breach of these terms and conditions.
9.2. On termination clause 6 (liability), 7 (intellectual property rights), 8 (confidentiality) and 10
(restrictions) shall expressly survive notwithstanding any such termination.
10. Assignment
Any Services provided by us under these terms and conditions are personal to you and cannot be
transferred or assigned to any other person.
We shall be entitled to assign these terms and conditions to any other company without prior notice
to you.
11. Entire Agreement
These terms and conditions, together with the Website Terms of Use and Privacy Policy are the
entire agreement between you and us and supersede any prior agreements and arrangements,
whether written or oral. You confirm that you have not relied on any representations in entering
into these and any other terms and conditions with us. Nothing in this clause or terms and
conditions shall limit liability for any fraudulent misrepresentation.
12. Force Majeure
Trademark Me Now, LLC shall not be liable to you for any breach of its obligations or termination
under these terms and conditions arising from causes beyond its reasonable control, including, but
not limited to, hurricanes, tropical storms, fires, floods, earthquakes, volcanoes and other Acts of
God, terrorism, strikes, delay caused by government action or regulation, failure to provide a
course caused by a death in the trainer’s family, illness of the trainer.
13. Assignment
We may assign, transfer, sub-contract any of our rights or obligations to any third party at our
discretion.
14. Laws and Jurisdiction
This Agreement is subject to Florida law and the parties submit to the exclusive jurisdiction of the
Florida courts in connection with any dispute hereunder.
16. Notices
You can contact us by any of the following methods:
Email: support@trademarkmenow.com
Address: Trademark Me Now, LLC c/o Mari Ribeiro, 150 SE 2nd Avenue, 3rd Floor, Miami,
Florida 33131
