Terms of Services
Introduction
orbittrademark.com provides trademark, patent, and copyright information. FlashPay Sol, INC. runs orbittrademark.com. After retaining the law firm and passing a conflicts check, orbittrademark.com will provide legal guidance. orbittrademark.com should not replace an attorney. After being retained, FlashPay Sol, INC can advise on legal rights, defenses, tactics, and remedies. We make USPTO attorney-filed trademark applications simple and affordable.
These Terms mandate individual arbitration rather than jury trials or class actions to resolve disputes and limit your remedies.
PERSONAL DATA PRIVACY.
Privacy Statement details about data collection and use.
NOTICE FOR WEBSITE DOCUMENTS.
Permission to use Documents (such as white papers, press releases, datasheets, and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, and (2) the Documents are used for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media. Any other use is illegal and subject to serious civil and criminal penalties. Violators will face maximum penalties.
The design and layout of orbittrademark.com or any affiliate site are not included in the preceding documents. Trade dress, trademark, unfair competition, and other laws prohibit copying or imitating orbittrademark.com online pages.
LIABILITY INFORMATION
THE orbittrademark.com SITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. orbittrademark.com UPDATES ITS CONTENT OFTEN. orbittrademark.com AND/OR ITS AFFILIATES MAY CHANGE OR IMPROVE THE SITE AT ANY TIME. THE orbittrademark.com SITES/SERVICES SHOULD NOT BE RELIED ON FOR PERSONAL, LEGAL, OR FINANCIAL DECISIONS. INSTEAD, CONSULT AN APPROPRIATE PROFESSIONAL ATTORNEY FOR TAILORED ADVICE.
FLASHPAY SOL, INC. AND/OR ITS AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED WITHIN THE orbittrademark.com SITES/SERVICES FOR ANY PURPOSE. INFORMATION, PRODUCTS, SERVICES, AND GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY. FLASHPAY SOL, INC AND/OR ITS RESPECTIVE AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. orbittrademark.com PROVIDES THIS SITE AS-IS AND AS-AVAILABLE.
THE FLASHPAY SOL, INC. MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE OPERATION OF THIS SITE OR ITS INFORMATION, CONTENT, MATERIALS, OR PRODUCTS. YOU AGREE TO USE THIS SITE AT YOUR OWN RISK.
YOU SPECIFICALLY AGREE THAT FLASHPAY SOL INC SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT, OR ANY TRANSACTIONS ENTERED INTO THROUGH A orbittrademark.com SITE/SERVICE. YOU AGREE THAT orbittrademark.com IS NOT LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT orbittrademark.com IS NOT RESPONSIBLE FOR ANY THIRD-PARTY CONTENT SENT USING AND/OR INCLUDED IN A SITE/SERVICE.
IN NO EVENT SHALL THE FLASHPAY SOL, INC AND/OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE orbittrademark.com SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE THE ABOVE LIMITATION MAY NOT APPLY TO YOU BECAUSE SOME STATES/JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY PART OF THE orbittrademark.com SITES/SERVICES OR THESE TERMS OF USE IS TO STOP USING THEM.
FLASHPAY SOL, INC. AND/OR ITS AFFILIATES DO NOT WARRANT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. DOCUMENTS AND GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY. THE FLASHPAY SOL, INC. AND/OR ITS AFFILIATES DISCLAIM ALL WARRANTIES AND CONDITIONS ABOUT THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE FLASHPAY SOL, INC. AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE SERVICES MAY PUBLISH DOCUMENTS AND GRAPHICS WITH TECHNICAL OR TYPOGRAPHICAL ERRORS. INFORMATION IS UPDATED PERIODICALLY. THE FLASHPAY SOL, INC. AND/OR ITS AFFILIATES MAY CHANGE OR IMPROVE THE PRODUCTS AND PROGRAMMES DESCRIBED HEREIN AT ANY TIME.
NOCITE REGARDING THE DOCUMENTS AND SERVICES OF THIS WEBSITE.
THE FLASHPAY SOL, INC. AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
NO ILLEGAL USE.
You may only use the Services for legitimate purposes. You may not use the site in a way that damages, disables, overburdens, or impairs any orbittrademark.com server or the network(s) linked to it, or interferes with any other party's use and enjoyment of any Site. You may not hack, password-mine, or otherwise gain unauthorized access to any site, other accounts, computer systems, or networks linked to any orbittrademark.com server or site. You may not access or attempt to gain materials or information outside the site.
The FlashPay Sol, INC retains the right at all times to disclose any information as it believes necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part.
Despite the above, The FlashPay Sol, INC treats all information received from prospective clients and law firm clients with confidentiality as promulgated by the American Bar Association's Model Rules of Professional Conduct (Ethical Rule 1.6) and the State Bar of Arizona's Rules of Professional Conduct (Ethical Rules 1.6, 1.18 for the lawyer's duties with respect to information provided to the lawyer by a prospective client, 1.9(c)(2) for the
Avoid disclosing personal information on Communication Sites. The FlashPay Sol, INC does not control or endorse the content, messages, or material in any Communication Site and clearly disclaims any liability for the Communication Site and any actions resulting from your involvement in any Communication Site. Managers and hosts do not speak for The FlashPay Sol, INC.
MEMBERSHIP, PASSWORD, AND SECURITY.
You must complete the account registration process by providing current, complete, and accurate information as asked by the applicable registration form. Choose a username and password. Passwords and accounts are your responsibility. All account activity is your responsibility. If your account is hacked, you must tell orbittrademark.com immediately. FlashPay Sol, INC is not liable for any loss you may suffer if someone else uses your password or account, whether with or without your knowledge. However, if someone else uses your account or password, you may be liable for losses incurred by The FlashPay Sol, INC or another party. You cannot use another person's account without authorization.
orbittrademark.com MATERIALS OR WEBSITES.
The Ideas Law Group, INC does not claim ownership of the contents you supply to orbittrademark.com (including feedback and recommendations) or post, upload, input, or contribute to any Site or its related services for review by the general public, or by members of any public or private community (each a "Submission" and collectively "Submissions"). By posting, uploading, inputting, providing, or submitting ("Posting") your Submission, you are granting The FlashPay Sol, INC, its affiliated companies, and necessary sublicenses permission to use your Submission in connection with the operation of their businesses (including, without limitation, all orbittrademark.com Site), including the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, transcribe, and
By posting a Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as defined in these Terms of Use, including all rights necessary to provide, publish, upload, input, or submit the Submissions.
SEARCH SERVICES
Our search services use public records to match the name you search. The website is run by a law company, but the searches are not legal advice. After being retained, the law firm can offer legal advice, proposals, and recommendations.
Even with our search services, we cannot guarantee mark approval or denial. These search results do not guarantee USPTO approval or denial (USPTO). Informational search results. It is not legal advice on whether your proposed mark will be rejected or similar to another. After searching, the USPTO grants denies, or requests an explanation of a mark.
BINDING ARBITRATION
Our Customer Assistance At 18665902111 Or Via Email Can Handle Most Client Issues Fast. We Agree To Resolve Disputes Through Binding Arbitration Or Small Claims Court If Customer Service Cannot Address Your Concern. Arbitration Is Informal. Arbitration Uses An Impartial Arbitrator Instead Of A Judge Or Jury, Limits Discovery, And Has Limited Judicial Review. These Terms Prohibit Class Arbitrations And Class Actions.
Dispute Means Any Dispute, Claim, Or Controversy Between You And The Flashpay Sol, INC, Its Members, Officers, Directors, Agents, Parent Companies, And Vendors That Arises Out Of Or Relates To This Agreement Or Use Of The Site Or Service, Or Otherwise Regarding Any Aspect Of Your Relationship With The Flashpay Sol, INC That Has Accrued Or May Accrue.
Arbitration Is Mandatory. Neither Party Can Sue On That Claim. Except As Provided In The AAA Code Of Procedure, No Party Will Have The Right To A Jury Trial Or Discovery In Arbitration.
Disputes are arbitrable under the Federal Arbitration Act, not state legislation. To the maximum extent permitted by law, Arizona law governs the non-arbitration related interpretation of this Agreement and any Dispute, independent of conflict of laws principles.
Arbitration. The American Arbitration Association ("AAA") will arbitrate any dispute under its Consumer Arbitration Rules. The Federal Arbitration Act governs this interstate commerce-related arbitration agreement (9 U.S.C. 1-16).
No class action, other representative action, private attorney general action, or joint or consolidated claim is allowed.
Arbitration Agreement:
(a) FlashPay Sol, INC and you agree to arbitration our disputes and claims before a single arbitrator. We generally define the conflicts and claims we arbitrate. It applies universally:
1. claims based on contract, tort, statute, fraud, misrepresentation, or any other legal theory originating from our partnership;
2. pre-existing claims (including advertising claims);
3. claims in alleged class action litigation in which you are not a certified class;
4. post-Terms claims.
However, either party can sue in small claims court. By accepting these Terms, you and The FlashPay Sol, INC waive the right to a jury trial or class action. This section is interpreted and enforced by the Federal Arbitration Act ("FAA") since these Terms involve interstate commerce. This arbitration clause will survive these Terms.
(b) A party seeking arbitration must submit the other party a written Notice of Dispute ("Notice") via U.S. certified mail. The FlashPay Sol, INC should be notified at Notice of Dispute, General Counsel, 442 E Southern Ave, Tempe, AZ 85282. (the "Notice Address"). The Notice must (a) explain the claim or disagreement and (b) specify the remedies sought ("Demand"). You or The FlashPay Sol, INC may start an arbitration action 30 days after receiving the Notice if you cannot resolve the matter. The arbitrator will not know the amount of any settlement offer made by The FlashPay Sol, INC or you until after the arbitrator establishes your or his entitlement.
(c) For any non-frivolous claim involving $75,000 or less, The FlashPay Sol, INC shall promptly return you for the filing fee and pay the AAA's and arbitrator's fees and expenses after receiving notification at the Notice Address. The AAA will oversee the arbitration under its Consumer Arbitration Rules (the "AAA Rules"), as modified by these Terms. You agree to arbitrate solely in your county or Maricopa County, Arizona. Unless the arbitrator finds good cause, a disagreement under $10,000 will be heard by phone. If your claim exceeds $10,000, the AAA Rules will establish your hearing rights. The parties agree that no party shall rely for preclusive effect on any award, finding of fact, or conclusion of law made in any other arbitration of a dispute or claim to which The FlashPay Sol, INC was a party.
(d) Except as otherwise stated herein, The FlashPay Sol, INC will pay all AAA filing, administration, and arbitrator fees for arbitration initiated in accordance with the notification requirements above. However, if the arbitrator finds that your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as determined by Federal Rule of Civil Procedure 11(b)), the AAA Rules will govern the payment of all such expenses. If so, you agree to refund The FlashPay Sol, INC for any AAA-required payments it made. If you start an arbitration seeking redress worth more than $75,000 (without attorney's fees and expenses), the AAA will set the fees.
(e) The arbitrator may grant injunctive relief only to the party seeking relief and only to the amount necessary to satisfy that party's claim. YOU AND The FlashPay Sol, INC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS A PRIVATE ATTORNEY GENERAL. Unless you and The FlashPay Sol, INC agree otherwise, the arbitrator may not consolidate more than one person's claims or preside over a representative or class proceeding. The arbitrator can grant any court-ordered relief that is specific to the claimant and does not effect other customers. You and we cannot seek non-individualized remedies that affects other customers/clients. If a court rules that relevant law forbids enforcement of any of this paragraph's limitations on a particular claim for relief, that claim (and only that claim) must be severed from the arbitration and presented in court.
(f) If the amount in dispute exceeds $75,000 or either party seeks injunctive relief, either party may appeal the award to a three-arbitrator panel managed by AAA by submitting a written notice of appeal within 30 days of the written arbitration ruling. Injunctive relief is suspended until appeal. AAA will choose the three arbitrators. The three-arbitrator panel will rule 120 days from the appealing party's notice of appeal. Subject to FAA judicial review, the three-arbitrator panel's judgment is final.
(g) You may receive the same damages from the arbitrator as a court. Orbit Trademark will: If the arbitrator finds in your favour on the merits of your claim and awards you more than The FlashPay Sol, INCfinal .'s written settlement offer before an arbitrator was selected,
- Pay you either the award or $2,000 ("the alternative payment"), whichever is greater; and pay your attorney, if any, the amount of attorney's fees and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("attorney's payment").
If the arbitrator grants you any merits-based remedy, you and your attorney will get the alternative payment and attorney's expenses if The FlashPay Sol, INC did not make a written offer to settle the issue before selecting an arbitrator.
- The arbitrator may rule on the payment and reimbursement of costs, expenses, alternative payments, and attorney's fees at any time during the case and upon request from either party within 14 days of the merits finding. The arbitrator shall include only the value of any attorney's fees or expenses you reasonably incurred in connection with the arbitration proceeding before The FlashPay Sol, INCsettlement .'s offer in determining whether an award that includes attorney's fees or expenses is greater than its last written settlement offer.
Paragraph (d) complements any legal right to attorney's fees and expenses. Thus, the arbitrator may award you a bigger amount if applicable law requires it. You cannot collect duplicate attorney's fees or costs.
(h) If the parties do not arbitrate or a court does not compel arbitration if any party chooses to arbitrate, the Dispute will be determined by a court without a jury trial. Any legal procedure related to this Agreement or the Sites, including efforts to compel arbitration or initially filed lawsuits, shall be handled only by a court of competent jurisdiction in Maricopa County, Arizona.
Engagement Terms WITH FLASHPAYSOL, INC
FlashPaySol, INC.
Thanks. This letter verifies and adds corporate policies. We represent this workflow's trademark services package. Client trust account can receive flat fee. The firm's main contact will email you the next day. Questions? Email info@orbittrademark.com. Voicemails and emails are usually answered the same day.
FLASHPAY SOL, INC. LIMITED SCOPE FEE AGREEMENT
LIMITED SCOPE: You hired The FlashPay Sol, INC for intellectual property services. Your service bundle limits representation. See appendix for service descriptions.
Flat fee: You hired us. This agreement's representation fee is the total in your services process on orbittrademark.com. Earned-on-receipt fees can be transferred from client trust accounts.
COSTS AND Expenditures: You agree to pay all actual out-of-pocket costs and expenses we incur for you. Government filing fees are typical. If the full government filing fee was paid at checkout, you will not be charged again.
TERMINATION OF REPRESENTATION AND POST-REPRESENTATION MATTERS: Either party may terminate the representation at any time, subject to our Rules of Professional Conduct and court approval if the issue is in litigation.
This agreement's legal services will end our representation until previously cancelled. You agree that we have no responsibility to represent you unless you retain us for additional advice or services.
RETURN: If you cancel the representation before we have delivered all the services indicated in this agreement, we may refund all or part of the flat fee based on the value of the legal services rendered prior to termination. The attorney billable rate of $300/hour and staff rate of $100/hour will be utilised to calculate any reimbursement if representation is discontinued before legal services are completed.
Client responsibilities: You must help us represent you. You commit to comply fully and quickly supply all essential information to our representative. You must promptly provide requested information and documents, help in discovery, disclosure, and trial preparation, cooperate in scheduling and related matters, answer to phone calls and letters, and notify us of address, phone number, and email changes. Keep all emails and attachments from us.
SETTLEMENT: We will not settle without your consent.
DISBURSEMENTS: Ethical Rules limit client trust account disbursements. We may wait 10 business days after depositing a financial instrument before disbursing funds to you or a third party.
DOCUMENT RETENTION: At your request, we will give you the electronic file after the representation. You consent to our document retention policy's file destruction if you don't want it. We destroy files three years after representation ends.
ARBITRATION OF FEE DISPUTES: You and we agree to handle fee disputes through the Arizona State Bar's Fee Arbitration Program.
NO ADVICE: This agreement is not our advice. Consult independent counsel if you want advice on whether to sign this agreement.
NO GUARANTEE IS MADE OF YOUR LEGAL OUTCOME.
SERVICE SCOPE
Trademark Registration: FlashPay Sol, INC only files a trademark application with the USPTO on your behalf. We will analyse information given to the firm, communicate with you about your possible application, do a thorough search, prepare, transmit government fees on your behalf, and file a trademark application with the USPTO.
Trademark Office Action Response: FlashPay Sol, INC will file a single response to a USPTO office action on your trademark application. We will analyse information supplied to the firm, communicate with you about your response, do applicable legal research, and prepare and file the response with the USPTO.
Trademark Statement of Use: FlashPay Sol, INC is hired to file a Statement of Use for your current trademark application with the USPTO. We will review information submitted to the Firm, communicate with you about your application, review potential proofs of use, transmit government fees on your behalf, and prepare and file the Statement of Use with the USPTO.
Extension to File a Statement of Use: FlashPay Sol, INC is hired to file a USPTO Extension to File a Statement of Use for your trademark application. We will review information submitted to the Firm, communicate with you about your application, transmit government fees on your behalf, and prepare and file the Extension file a Statement of Use with the USPTO.
Comprehensive Trademark Search: FlashPay Sol, INC prepares a search report for your intended trademark and advises you on the chances of registration. Our representation includes examining information supplied to the firm, speaking with you about your prospective trademark, researching similar marks in commerce, and engaging with third-party trademark search suppliers.
Trademark Monitoring: FlashPay Sol, INC prepares and sends monthly search reports to your orbittrademark.com email address for your selected trademark. These reports are informational, based on a customised search of public online databases. Search report legal advice requires a separate engagement from the Firm.
Trademark Renewal: FlashPay Sol, INC is hired for the limited purpose of filing a Section Declaration of Continued Use (due 6 years after registration) or a Section 9 Trademark Renewal (due every 10th anniversary of registration) with the USPTO on your behalf. If relevant, a Section 15 Declaration of Incontestability is included. We will review information submitted to the Firm, communicate with you about your registration, review evidence of usage, transmit government fees on your behalf, and prepare and file the Declaration with the USPTO.
Trademark Ownership Transfer: FlashPay Sol, INC is hired to file a Section 7 amendment with the USPTO to transfer your trademark application/ownership. registration's Our representation will include analysing information given to the Firm, communicating with you about your application, interacting with signatories, submitting government fees on your behalf, and completing and filing the Assignment of Ownership with the USPTO.
Trademark Revival: FlashPay Sol, INC is hired to file a USPTO Petition to Revive for your trademark. We will analyse material given to the Firm, communicate with you about your trademark, transmit government fees on your behalf, and prepare and file the USPTO Petition to Revive.