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Terms and Conditions
This Agreement ("Agreement") sets forth the terms and conditions of any use of the services of European Trademark Organisation S.A., I.B.C. number: 80 014 here and after mentioned as ETO. By signing this document and/or by accepting this agreement with ETO on the internet, either directly or through any agent, you automatically and irrevocably agree to these terms and conditions.
1. Agreement In-Force: This Agreement is between yourself and ETO, and will become effective when your request for services is accepted by ETO. The following terms and conditions apply to this Agreement and ETO`s acceptance of your request for services :(a) ETO may elect to accept or reject your trademark renewal application or renewal application for any reason, at its sole discretion. (b) This Agreement is published at the web address http://www.europeantrademark.org. It may be modified from time to time by ETO, at its sole discretion. You are obligated to all of the terms and conditions of this agreement as they may be modified, upon publication of the modifications at this web address. You are obligated to periodically review this web address and this Agreement to apprise yourself of any modifications. (c) In the event that you do not wish to abide by any changes made by ETO to this Agreement in either event. In case of changing an agent you will remain obligated to pay to ETO all fees for services due and owing by you to ETO. ETO does not accept any form of cancellation trademarks renewals or registrations ordered by you. In case of a cancellation you oblige yourself to pay out the full amount of the order to ETO. Orders can be made by telephone, fax, email, internet or other possible mean. ETO accepts oral, written or digital orders.
2. Third Party Rights: ETO cannot and will not check to see whether the trademark you select may infringe the legal rights of others. ETO urges you to investigate whether the name you select may infringe such rights of others.
3. Failiure to submit information: The event of any additional information, signatures or authorizations are requested by ETO in order to complete a registration or a renewal you will be responsible to submit additional requirements within 10 working days. Failure or late submission may cause incompletion of the registration or the renewal. In that even you will be held responsible and no refunds will be made by ETO. ETO shall have no liability whatsoever in such event.
4. Fees: As consideration for the trademark registration or renewal services provided by ETO, you will pay all applicable initial registration fees and periodic renewal fees as due. In case of application of a trademark renewal service you will be irrevocably responsible for all of the fees accepted at the time of the agreement. All registration and renewal fees are subject to change, it is your responsibility to check resent changes before using ETO services and incurring fees for those services. Upon using any service provided by ETO you become obliged to pay the specified fee for that service. You will be notified when renewal fees are due, and you will be responsible for paying such fees. In the event that any fees go unpaid by the deadline for payment, whether specified in a payment-due notice or otherwise, ETO will have the right to cancel your registration or renewal of the relevant trademark. ETO shall have no liability whatsoever with respect to any such cancellation, and or, may reassign or assume the registration of the trademark in the event of any such cancellation.
5. Authorizations: When agreeing to these terms In accordance with application of a trademark renewal service you automatically and irrevocably authorize ETO to conduct negotiations and act on your behalf with any party needed in order to renew or register trademark in question.
6. Obligation: When agreeing to these terms and conditions in accordance with application of a trademark renewal service you automatically and irrevocably obligate yourself to provide ETO with all the information necessary for ETO to successfully perform a renewal (for instance login information or authorization codes). If you fail to do so no refund will be made and you take full liability and responsibility if ETO fails to successfully perform a renewal.
7. Registrant Information: (a) As part of the registration process, you must provide certain information; and to maintain your registration, you must keep this information up-to-date, complete and accurate. This information includes: Your contact information, that is, your full name, postal address, e-mail address (if available), voice telephone number, and (if available) fax number; For a registrant which is a partnership, union, association, corporation, or other collective entity, the name and contact information of an authorized person for notice purposes. Providing inaccurate or incomplete information, failing to update information promptly, or failing to respond within ten (10) calendar days to inquiries by ETO concerning the accuracy of contact information supplied in the registrant's application for a trademark or renewal thereof will constitute a material breach of this Agreement; and will be a basis for the cancellation of the registration or renewal of your trademark. (c) In the event that you choose to license or otherwise loan or permit the use of a trademark to a third party, whether for profit or otherwise, you will nonetheless remain the registrant of record, and continue to be responsible for complying with all provisions of this Agreement, including the requirements concerning your own contact information.
8. Limitation of Warranty: ETO is not liable to you, your agent, or any other person, for any losses that may occur due to: (a) the loss, lapse, or cancellation of the registration of a trademark; (b) use of your trademark, or any similar or related trademark, by yourself or any third party; (c) access delays or access interruptions to ETO`s registration system; (d) the non-delivery or miss delivery of data between yourself and ETO; (e) events beyond ETO 's control, including but not limited to ; (f) the processing of any changes made to force majeure the record or contact information associated with your trademark, (g) the failure of you or your agent to pay any fees due pursuant to this agreement hereunder; and(h) the application of the dispute policies of either ETO. Further, ETO is not be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, tort (including negligence), or otherwise, even if ETO has been advised otherwise had notice of the possibility of such damages, or the possibility that such damages were reasonably or clearly foreseeable. In no event shall ETO's maximum liability exceed five hundred dollars ($500). In the event that applicable state law does not allow the limitation of liability for consequential or incidental damages, the liability of ETO is limited to the minimum extent permitted by law. ETO does not represent or warrant that the registration of your trademark can or will immunize you from third party challenges: all trademark registration services are provided to you "as is." ETO makes no representations or warranties of any kind whatsoever, express or implied, in connection with the trademark you are registering or renewing, including but not limited to merchantability, fitness for a particular purpose, or legal usability under applicable intellectual property law, including trademark mark law. ETO does not represent or warrant that the trademark you register under this agreement will not be suspended, cancelled or transferred from you to a third party, as a result of legal process or the implementation of the dispute resolution policies of or ETO.
9. Indemnification: You will defend, indemnify and hold harmless ETO, as well as any other relevant trademark consultant, and the directors, officers, employees and agents of ETO and these registries, for any loss, damages or costs, including attorneys' fees, resulting from any third party claim, action, or demand related to your trademark or any use thereof, whether or not authorized, approved or known by you.
10. Choice of Law and Venue: This Agreement and all rights hereunder shall be governed by the laws of the EU.
11. Taxes and Expenses. Any and all taxes, fees and expenses incurred in registering, renewing, or transferring a particular tidemark shall be borne by you.
12. Completeness: This Agreement and the applicable Dispute Policies, together with all amendments or modifications to them, constitute the complete and exclusive agreement between you and ETO. You may not modify any provision of this Agreement, including the ETO Dispute Policy, regarding your individual transactions with ETO except by means of a written document signed by the President or CEO of ETO
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