THE TERMS AND CONDITIONS OF USE ARE EXPRESSLY INCORPORATED BY REFERENCE IN THESE PAYMENT TERMS. TO THE EXTENT A CONFLICT EXISTS BETWEEN THESE PAYMENT TERMS AND THE TERMS AND CONDITIONS OF USE, THE PAYMENT TERMS WILL GOVERN.
BY CLICKING THE “AGREE" BUTTON, YOU ARE AGREEING TO BE BOUND BY THE PAYMENT TERMS. IF YOU DO NOT AGREE TO THE PAYMENT TERMS, DO NOT CLICK “AGREE.”
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1. Fees. You agree to pay EGW for the Service according to the number of names uploaded or manually entered times the total number of goods or services descriptions selected times the price advertised on the Site, which EGW may change from time to time (the “Fees”), or the advertised or negotiated subscription plan at the current price advertised by EGW (the “Subscription”). SEARCH CREDITS ARE NON-TRANSFERABLE. Except for the limited refund described in Section 2 of the Payment Terms, all sales are final and You waive any right to a refund.
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2. Refund. If within 60 days after the date of a search, You find a live, pending application or registration that predates the date of Your search on the United States Patent and Trademark Office TESS Database for a mark that is likely to prevent the registration of a searched mark, EGW will refund to You the cost of that search only. You acknowledge and agree that a refund of the search cost is Your sole remedy against EGW and EGW is not responsible for reimbursing You for any filing fees, attorneys’ fees, or any other costs associated with marketing material created using the searched mark. You can request a refund by submitting a written request to bob@trademarkbob.ai identifying the Serial Number or Registration Number of the mark You believe entitles You to a refund. EGW will determine, in its sole discretion, whether You have satisfied the requirements for a refund. To the extent EGW determines that You are entitled to a refund, it will refund You the price of an individual search applicable to You.
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3. Payment Terms. By using Your credit card as the method of payment, You agree that You are authorized to use the credit card presented as a method of payment and that EGW is hereby authorized to charge Your credit card for the Fees or Subscription. You must provide EGW with a valid credit card number and associated payment information including all the following: (i) Your name as it appears on the card; (ii) Your credit card number; (iii) the credit card type; (iv) the date of expiration; and (v) any activation numbers or codes needed to charge Your card. If EGW does not receive payment from Your credit card issuer or its agent, You will be responsible for an alternate payment arrangement and any resulting fees.
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4. Taxes. You are responsible for paying all taxes associated with Your use of the Services. If EGW has the legal obligation to pay or collect taxes for which You are responsible under this Section, EGW will invoice You and You will pay that amount unless You provide EGW with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, EGW is solely responsible for taxes assessable against it based on its income, property, and employees.
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5. Payment Terms. The Parties agree that this Agreement may be signed electronically pursuant to the ESIGN Act. The Parties agree that the electronic signatures appearing on this Agreement are the same as handwritten signatures for the purpose of validity, enforceability, and admissibility.
