Your use of this Website is subject to the following terms and conditions. By accessing this Website, you acknowledge that you have read and accept these terms and conditions.
The information contained in this Website should not be construed as legal advice on any subject matter and is provided solely for informational purposes. This information may not reflect current legal developments and is general in nature. It should not be relied upon or construed as legal advice. Similarly, submission of an email to the Law Offices of Gene Bolmarcich, Esq. (LOGB) or other communication through the Website does not create any attorney-client or other privileged or confidential relationship. The formation of an attorney-client relationship requires prior satisfaction of multiple factors including resolution of possible conflicts of interest, an appropriate fee arrangement, and mutual agreement on the terms of the engagement. Accordingly, do not disclose any information to me that you wish to remain private or confidential. If you intend to send any confidential information via email or by posting to the Website, you should first obtain authorization from me to do so.
Under New York Lawyer’s Code of Professional Responsibility, and in some other states, some materials contained on this Website may be considered attorney advertising. Statements about prior results do not guarantee a similar outcome. Results depend upon a variety of factors unique to each representation.
LOGB does not collect personally identifying information from visitors to this site unless provided by the visitor or the visitors’ browser. LOGB will not use information provided through your use of this Website except to respond to direct inquiries or to measure traffic and traffic trends at this Website. I may also disclose your information if required to do so by law, court order or as required by other governmental or legal entities.
LOGB is not responsible for any content that you may access from third-party resources that may be accessed through or linked to this Website. I Welcome links to my Website from other Websites; however, I in no way operate, control or endorse linking sites, and I reserve the right to disallow any such link at any time in our sole discretion. Should you wish to link to my Website, you must link only to my homepage, https://www.trademarksa2r.com.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES (INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY AND NON-INFRINGEMENT) ARE EXPRESSLY DISCLAIMED. ALL CONTENT AVAILABLE THROUGH THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. LOGB MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR ANY CONTENT THEREIN. THE FOREGOING DISCLAIMER INCLUDES, WITHOUT LIMITATION, A DISCLAIMER OF ANY WARRANTY OR REPRESENTATION THAT THE WEBSITE WILL BE UNINTERRUPTED, RELIABLE, SECURE OR ERROR-FREE, THAT THE WEBSITE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR EXPECTATIONS.
You assume all responsibility for your use of, or access to, this Website, including your access to any literature obtained through the Website, and waive all claims or causes of action against LOGB in connection therewith.
The Website contains or may contain information, text, editorial content, notices, software (including HTML or XML-based computer programs), photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects (including logos) (collectively, “Content”). All Content and the Website itself, including its “look and feel” (e.g., text, graphics, images, logos, and button icons), are protected under both United States and foreign copyright, trademark and other laws. The Content belongs to or is licensed to LOGB.
You are wholly responsible for any Content that you upload or otherwise transmit to the Website (“Your Content”), whether Your Content consists of text, photographs, pictures, artwork, or other data types, such as audio, video or multimedia. It is illegal to reproduce or distribute copyrighted material without the permission of the copyright owner or to use trademarks without the permission of the trademark owner. You are responsible for assuring that none of Your Content that you transmit to the Website violates any copyright or trademark right. Before transmitting Your Content to the Website, you should assure that Your Content is in the public domain and therefore not subject to copyright protection, or that you have the consent of the copyright or trademark owner to use the material. By uploading Your Content to the Website: (i) you grant me a limited, royalty free and non-exclusive license to use, adapt, transmit, transfer, store, copy and display Your Content in connection with our operation of the Website or otherwise as I may see fit; and (ii) you represent and warrant to me that Your Content is in the public domain, or that you have all right, title and interest in and to all copyrights in Your Content, or that you have the express permission to copy and use Your Content for all purposes. You further represent that the Your Content does not violate or infringe upon the proprietary rights (including privacy, moral or publicity rights) of others.
You may not upload to the Website any of Your Content that (a) infringes any copyright, trademark, right of privacy, right of publicity, or any other right of a third party; or (b) is unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or offensive to the community or to any reasonable segment thereof. (Content of the type described in clauses (a) and (b) is referred to, collectively, as “Inappropriate Content”). Your Content that you submit is governed by applicable laws (including laws which prohibit infringement of copyrights and trademarks, obscenity, pornography, child pornography, or child abuse). I have no obligation to monitor any of Your Content. However, I reserve the right at all times to review Your Content, to disclose Your Content as necessary to satisfy any laws, regulations or government requests, to report any potential violations of law to law enforcement authorities, to refuse to post or transmit any of Your Content and to remove any of Your Content that is, in our sole judgment and discretion, objectionable or in violation of these Terms.
You agree to indemnify LOGB harmless from and against any and all losses, damages, costs or expenses, including reasonable attorneys’ fees, arising out of (a) any claim by a third party that any of Your Data (or the use thereof) constitutes an infringement or other violation of such third party’s trademark, copyright, intellectual property rights or other rights, (b) your use or submission of any Inappropriate Content, (c) any violation of law by you, (d) any breach by you of these Terms or (e) your use of the Website. You shall cooperate with me in the defense of any claim. I reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you. Your obligation to indemnify and hold me harmless shall survive any expiration and termination of these Terms.
Digital Millennium Copyright Act (DMCA) Notice:
If you believe a photograph, text or other Content on my Website infringes your copyright, please provide me the following information relevant to your claim: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit me to locate the material; (4) information reasonably sufficient to permit me to contact you, such as your address, telephone number, and, if available, an electronic mail address at which you may be contacted; (5) a written statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
You may submit your notice of claim of copyright infringement to:
Gene Bolmarcich, Esq.
52 Cutter Place
West Babylon, NY 1704
How To Trademark! (TM)