As consideration for the services provided by Click&Copyright, I agree to the following:
I acknowledge that the only services provided by Click Industries (CI) through clickandcopyright.com
(collectively referred to as "CI") are copying and populating the exact information
I provide while placing my order, paying the registration fee, and either uploading
my work to the US Copyright Office (USCO) or the US Patent and Trademark Office
(USPTO) for registration or mailing my work via the delivery method of my choosing.
I understand that CI is not acting as my attorney in any way and that the information
provided on this website or through email/phone conversations with CI's employees
or agents is not legal advice on which I can rely. I understand that the help screens
and other information contained on this site consist of general information regarding
copyright/trademark registrations and intellectual property law. I acknowledge and
agree that CI is not acting as my attorney with regard to the use of this site,
the registration of my copyright or mark, and any issues with regard to the work
which I am registering with the USCO or USPTO. I acknowledge that because the information
I provide while using this website goes directly to the USCO or USPTO, it is my
responsibility to make sure that it is correct and that I understand how the rights
of any others who may have worked on or co-created the work are affected. I further
acknowledge that the particular facts and circumstances with regard to the registration
of my copyright may require the assistance of an attorney instead of using a service
like the one provided by this website. If CI determines that your order is too legally
complex for CI’s filing service, CI reserves the right to cancel your order and
refund your money in full at any time prior to filing. I hereby release and forever
discharge CI, its officers, directors, and shareholders from any and all causes
of action I may have against them in connection to the registration of my copyright
or mark based on any information I provided that was populated onto the application.
I acknowledge that CI is not responsible for any errors I make in completing CI's
online registration process. If I ordered trademark services, I agree that the fee
initially charged for those services is strictly CI’s fee for services, and that
if I proceed to register using CI’s services, I will also pay a filing fee set by
the government, which may be larger than the service fee itself. I understand that
CI handles only federal trademark and service mark registrations, and that registration
services that might be appropriate for my needs may be available at the state level.
I agree that a CI representative will contact me within 2 business days by email
to set up an appointment to discuss my trademark or service mark by phone. During
that conversation, the representative will ascertain what type of mark and application
I am seeking, after which CI will proceed with registration paperwork. If I choose
to cancel based on this initial discussion, I will be entitled to a full refund
if I notify CI within 24 hours of the appointment. If I proceed, further information
and materials may be required in my specific case, and I agree that I will respond
promptly to such requests in support of my application. I acknowledge that a registration
will cover a single mark. I agree that CI offers a filing service that relies on
my input only, and that I have a limited number of tries to register a specific
mark. I understand that CI does not guarantee that the USPTO will accept my application,
and that the filing fee covers only CI’s first filing on my behalf. I agree that
I will pay the government filing fee in force at the time of my filing for whichever
application type I select, and that this charge is in addition to CI’s fee. I understand
that electronic and mailed applications have different government fee structures.
I further acknowledge that rush service is not available for USPTO filings.
I understand that due to terrorism concerns, all packages delivered to the USCO
or USPTO are screened offsite. This can delay actual delivery and recording of the
receipt of my work/application. I understand that my materials may be irradiated
during the screening process. If irradiation of my work occurs, it is my responsibility
to send CI replacement copies of my work if notified of this by the relevant government
office. If my work is published in hard copy form (as opposed to digitally), I am
responsible for sending the required number of copies of the best edition to CI
for completion of the process.
I acknowledge that if I choose to have materials physically sent in with my filing
rather than electronically submitted, there will be an additional charge to cover
shipping and handling, and the government may charge a higher filing fee. Packages
are priced based on electronic submission. If I select a package that includes multiple
submissions, I understand that I will be charged this additional fee each time I
request that CI mail my materials, regardless of the overall package fee. I also
agree that, if I choose to upload my files, I must follow the directions provided
to me during the upload process and alert CI when I have finished uploading my files.
For copyright filings, the 24-hour or 5-day timeframe does not start until I click
the required button confirming that my files have been fully uploaded. Additionally,
after I confirm that I have fully uploaded my files, I am unable to add any files
or modify the order. If I decide to add additional files after CI has submitted
my registration, I acknowledge that I must place another order (or use another credit,
in the case of a copyright Annual Package) in order to do so.
For logo copyright submissions, I acknowledge that I have read the logo copyright
test found at https://www.clickandcopyright.com/logo-copyright-test.aspx and have
concluded that my logo contains enough original authorship for it to be registered
as a copyright. I further acknowledge that should my logo submission be rejected
by the USCO because it does not contain enough original authorship, I am not entitled
to a refund of any kind. If, upon receipt of my logo, CI informs me that it believes
the logo will be rejected by the USCO, and I decide to cancel my order in light
of this, ClL is entitled to keep $85.00 as a processing fee. In that case, all other
sums I have paid will be refunded. I specifically acknowledge that CI's belief that
my logo will be rejected by the USCO is not legal advice, but merely an opinion
based on other similar logos submitted in the past by CI, and I am free to submit
my logo to the USCO regardless.
For website copyright submissions, I acknowledge that I must deliver the files I
wish to be protected; CI will not extract the material from my website on my behalf.
I must submit image files (JPGs of my designs, screenshots, etc.), text files, or
both, depending on which aspect(s) of the work I would like protected; those files
must correspond to the information I have provided as the author’s contribution(s).
(An author who is responsible for text only should not upload designs or images,
for example, but rather the text he or she wishes to protect.) I acknowledge that
if, for any reason, I refuse to upload the appropriate files, or to transmit them
to CI following alternative instructions should CI systems be down, that refusal
is not an acceptable basis for a full refund. If I choose to cancel my order rather
than submit my website files, CI is entitled to keep a processing fee of $85.00.
I agree that a portion of the fee for the copyright package I select goes towards
the preparation of the initial copyright application. I acknowledge that CI may
have questions about what I completed online that result in redrafting of the application
prior to filing. Once CI has begun work on my order, which includes initiating email
or telephone correspondence with me about my order, and I decide to cancel my order
before the application and my work are sent to the US Copyright Office, I am only
entitled to a refund of 60% of my total fees paid. I further acknowledge that after
my application and work are sent to the USCO, the services of CI are concluded and
I am not entitled to a refund of any kind.
I acknowledge that if I choose the Complete Package copyright filing option, that
means that within 5 days from the business day my work and registration information
arrives at CI, not including weekends or national holidays, my work and application
will be sent to the USCO via either 2-day USPS priority mail or e-filing, depending
on how I chose to submit my work to CI. I acknowledge that if I choose the Verified
Package copyright filing option, that means that within 24 hours from the business
day my work and registration information arrives at CI, not including weekends or
national holidays, my work and application will be sent to the USCO via either e-filing
or FedEx Overnight. I further acknowledge that if CI has a question about my work
and/or application and is waiting for a response from me, the work will not be sent
until I've answered the inquiry from CI and the appropriate time period will not
begin to run until my response is received.
I acknowledge that if I select the Annual Package copyright filing option, I receive
6 separate submissions during the year between my signup date and the 1-year anniversary
of that initial order. Any unused credits will be lost, if not used by that 1-year
anniversary. I acknowledge that when I pay for an Annual Package, I will be charged
the package fee during my initial order; I will not be charged for my 5 subsequent
credits. If, however, I choose to mail any of the 5 subsequent packages, I will
be charged the shipping fee for each of these orders. I also acknowledge that after
CI has processed the first order associated with my Annual Package, and I decide
not to use up the rest of my Annual Package credits, I am entitled to no refund.
Further, I acknowledge that once the copyright application has been accepted by
the USCO, the services of CI are concluded.
I agree that all services were provided by CI within the State of Minnesota and
that my use of this site is deemed to have occurred in Minnesota. If I institute
any legal proceeding against CI or its employees, agents, officers, or directors,
I agree that I will do so in Hennepin County District Court, Minneapolis, Minnesota,
and I acknowledge that Hennepin County District Court is the proper venue for any
disputes and that said court shall have both subject matter and personal jurisdiction
over me and my claims. Further, I agree that the only damages I am entitled to are
the amount of money I paid CI for the services rendered and that I am not entitled
to any other damages whatsoever. Further, I agree that the non-prevailing party
in any litigation pursuant to the services/products provided by CI shall pay the
prevailing party's reasonable costs, disbursements and attorney fees.
If I attempt a chargeback on my credit card after CI has provided the services as
set forth above, I agree that I will pay all of CI's reasonable costs, disbursements,
and/or attorney fees (with a minimum of $150) expended in the preparation of all
documents used to prove to the credit card company that the services were provided
and in all dealings (including phone conversations, etc.) with the credit card company
to successfully resolve the matter. Further, if for some reason a chargeback is
issued after the services have been provided by CI and CI commences a lawsuit against
me, I agree that at CI's discretion it can institute an action in Hennepin County
District Court, Minneapolis, Minnesota and that said court will have personal and
subject matter jurisdiction over me and the case. I agree that in such case I will
pay all of CI's reasonable costs, disbursements, and attorney fees, including but
not limited to collection costs incurred by CI to collect said attorney fees and
expenses.