By using the Trademark Takumi website (the “Website”), you agree to these terms and conditions, which constitute an agreement between you and Noguchi Law Firm, LLC (“we”, “us”, or “our”). This Agreement incorporates our Privacy Policy by reference. If you do not agree to these terms, please do not use the Website. We offer general trademark-related information and a platform for contacting US-registered attorneys at Noguchi Law Firm to prepare and file trademarks. Please note that the information and services provided through the Website do not constitute legal advice.

THIS AGREEMENT, BELOW, CONTAINS A BINDING ARBITRATION PROVISION GOVERNED BY THE FEDERAL ARBITRATION ACT AND A WAIVER OF CLASS ACTIONS. 

Conditions of Use

Your permission to use the Website is contingent upon your agreement to:

1. Comply with these Terms of Service.

2. Be 18 years of age or older.

3. Use the Website in compliance with United States laws, including export and re-export regulations.

4. Not copy or distribute any part of the Website without our prior written consent.

5. Provide accurate information when creating an account, submitting content, or registering for our Website.

6. Use the Website only for its intended purposes, not for unauthorized commercial activities, data collection, or solicitation.

7. Take full responsibility for any content you provide, ensuring you have necessary rights and licenses.

8. Grant the Website and other users a non-exclusive license to use, reproduce, distribute, prepare derivative works of, and display your submitted content.

9. Acknowledge our right to remove your content and terminate your account without prior notice.

User Generated Content (UGC)

We may authorize the publishing of content provided by you (“User Generated Content” or “UGC”). You agree not to post or use any UGC that:

1. Infringes on intellectual property rights of others.

2. Violates third-party privacy or publicity rights.

3. Is unlawful, false, defamatory, discriminatory, obscene, abusive, threatening, or otherwise inappropriate, as determined by us in our sole discretion.

4. Could damage our company, affiliates, advertisers, or other parties.

Please note:

• We are not obligated to remove UGC that may violate these restrictions.

• We reserve the right to remove any UGC, terminate user accounts, or take other actions at our discretion.

• We are not responsible for any harm caused to you by UGC.

Your Conduct

By using the Website, you agree not to:

1. Conduct or promote any illegal activities.

2. Attempt to reverse engineer or interfere with the Website’s functioning, or attempt to derive the source code of the software.

3. Attempt to gain access to secured portions of the Website.

4. Use the Website to generate unsolicited email advertisements or spam.

5. Use any automatic or manual process to search or harvest information from the Website.

6. Interfere in any way with the proper functioning of the Website.

7. Impersonate another user.

Links to Other Sites

Our Website may contain links to third-party websites. Please be aware that:

1. We do not own, control, or operate these third-party websites.

2. We are not responsible for the content, privacy policies, or practices of any linked websites.

3. The inclusion of a link does not imply our endorsement or recommendation of the linked website, its products, or its services.

4. You should review the terms and policies of any website you visit via links from our Website.

Termination

1. We reserve the right to alter or discontinue the Website or any services provided herein at any time without prior notice.

2. We may terminate this Agreement at our discretion and for any reason without prior notice.

3. This Agreement will automatically terminate if you violate any of its terms and conditions, as determined at our sole discretion.

4. Upon termination, your access to the Website will immediately cease.

5. The following sections will survive termination of this Agreement:

• Disclaimers of Warranty and Limitation of Liability

• Indemnity

• Dispute Resolution

• All terms and conditions related to your Content

New Services and Features

1. We may introduce new services and/or features through the Website from time to time.

2. These new services and features may include new tools and resources.

3. All new services and features will be subject to these Terms of Service.

4. Your use of any new services or features constitutes acceptance of these terms as they apply to those additions.

Disclaimers of Warranty and Limitations of Liability

1. Provision of Services: We provide the Website and related services “as is,” “where is,” and “as available.”

2. No Warranties: We make no express or implied warranties or guarantees about the Website, the goods and services described thereon, or the Advertisers.

3. Disclaimer of Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND THE MERCHANTS WHO ADVERTISE WITH US DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES THAT THE WEBSITE AND SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY OR FIT FOR A PARTICULAR PURPOSE OR NEED.

4. No Guarantees: We do not guarantee that: a. We will meet your requirements. b. Our service will be error-free, accurate, reliable, or uninterrupted. c. The Website will be available at all times or locations of your choosing.

5. Limited Remedy: YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE OR CLAIM WITH US IS TO CEASE USE OF THE WEBSITE.

6. Limitation of Liability: WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS WHO ADVERTISE HERE, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE WEBSITE IN ANY WAY.

7. Scope of Limitation: These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, damage to any other equipment, or any other commercial damages or losses, even if we knew or should have known of the possibility of such damages.

8. Jurisdictional Limitations: If any jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdiction, our liability, and the liability of our affiliates, officers, directors, agents, vendors, and merchants who advertise here, shall be limited to the extent permitted by law.

9. Waiver of California Civil Code Section 1542: In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

Indemnity

You agree to defend, indemnify and hold harmless us, our officers, directors, representatives, employees, and agents, and all of our parent companies, affiliates, related companies and their officers, directors, representatives, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from:

1. Your violation of any term of these Terms of Service.

2. Your violation of any third party right, including without limitation any copyright, property, privacy right, or any and all intangible or intellectual property rights.

3. Any claim that any of your User Generated Content (UGC) causes damage to a third party.

This indemnification obligation will survive the termination or expiration of these Terms of Service and your use of the Website.

Dispute Resolution

1. Definitions:

• “Trademark Takumi,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, business partners, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us.

• “Dispute” means any dispute, claim or controversy between you and Noguchi Law Firm, LLC, 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 Noguchi Law Firm, LLC that has accrued or may thereafter accrue, whether based in contract, statute, regulation, ordinance, tort, or any other legal or equitable theory.

2. Governing Law:

• The arbitrability of any Disputes is governed by the Federal Arbitration Act and not any state laws applicable to arbitrations.

• The laws of the State of Texas govern the non-arbitration-related interpretation of this Agreement and the substantive law of any Dispute, regardless of conflict of laws principles.

3. Arbitration:

• Any Dispute shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules.

• This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16).

• ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE.

• All determinations as to the scope, interpretation, enforceability, and validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final.

• Judgment on the arbitration award may be entered in any court having jurisdiction.

• This arbitration provision shall survive: i) the termination of the Agreement; or ii) the bankruptcy of any party.

• If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.

4. Class Action Waiver:

• NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.

5. Right to Opt Out:

• You have the RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS of accepting this Agreement.

• To opt out, you must notify us in writing within 30 days, emailing Noguchi Law Firm, LLC with the subject line “OPT-OUT” and including: (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration.

6. Arbitration Procedures:

• Arbitration will be conducted by the AAA under its Commercial Arbitration Rules.

• For disputes of $75,000 or less, the Supplementary Procedures for Consumer-Related Disputes will also apply.

• For disputes of $75,000 or less, we will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses.

• Arbitration must commence only in your county of residence or in Fulton County, Georgia, US.

• For disputes of $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause for an in-person hearing.

• The arbitrator may award the same damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.

7. Non-Arbitrated Disputes:

• If a Dispute is not arbitrated, it will be decided by a court of competent jurisdiction located in Atlanta, Fulton County, Georgia, without any right to a jury trial.

Export Control

1. Compliance with Laws: You may not access, download, use or export the Services in violation of United States export laws or regulations or in violation of any other applicable laws or regulations.

2. User Responsibility: You agree to comply with all export laws and restrictions, and regulations of any United States or foreign agency or authority.

3. Licensing: You assume sole responsibility for obtaining licenses to export or re-export as may be required.

Intellectual Property

1. Ownership:

• We, or people from whom we obtained a license, retain ownership of all intellectual property rights of any kind associated with the Website.

• This includes all applicable trademarks, copyrights, and other proprietary rights, such as trade secrets.

2. Limited Use Rights:

• Through the use of this Website pursuant to this Agreement, you have a limited right to use the Website.

• We are not granting any license to you under any of those intellectual property rights.

• We reserve all rights that are not expressly granted to you in this Agreement.

3. Personal Use:

• You may print limited numbers of one or more pages from the Website for your personal use.

4. Website Content:

• We retain, to the maximum extent possible, all ownership of all the text, software, scripts, graphics, photos, sounds, interactive features, and the trademarks, service marks, and logos contained therein (“Marks”).

• This excludes marks used by Merchants who have provided them to us for use on this Website.

• The Marks are owned or licensed to us, subject to copyright and other intellectual property rights under the law of the United States of America, the law of the jurisdiction where you reside, and international conventions.

5. Content Usage:

• All content on the Website provided by us is provided to you “AS IS” for your information and personal use only.

• This content may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes without the prior written consent of the respective owners.

6. User Generated Content (UGC):

• You retain any intellectual property rights in any copyrighted materials and trademarks that are contained in UGC that you post to the Website.

• You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the UGC in any manner we choose.

We reserve the right to modify these terms at any time. Continued use of the Website after changes constitutes acceptance of the modified terms.

Copyright Notice

If you believe we have infringed on your copyrights, please submit a notification pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)) in writing to contact@trademarktakumi.com or to the copyright agent on file with the U.S. Copyright Office with the Subject: “copyright notice.”

Your notice must include the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site 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 the service provider to locate the material.

4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address.

5. A 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.

6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Choice of Language

1. Controlling Language: The original of this Terms of Service (TOS) was written in English, which will be the controlling language in all respects.

2. Receipt of Documents: You have received this TOS and any other related communications and consent to having received these documents solely in English.

3. Translations: If you receive this or any other document related to this TOS translated into a language other than English, it will have no legal or other effect.

4. Confirmation: By accepting this TOS, you confirm having read and understood the documents relating to this TOS which were provided in English.

Entire Agreement

1. Scope: This Agreement, including the Privacy Policy, constitutes the entire agreement of the parties with respect to the subject matter hereof.

2. Waivers: No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.

Modifications to the Agreement

1. Right to Modify: We reserve the right at all times to discontinue or modify any of these terms and/or our Privacy Policy as we deem necessary or desirable. Such changes may include, among other things, the adding of certain fees or charges.

2. Notification: We may, but are not necessarily obligated to, notify you via email of any substantial changes by sending you an email to the email address that is registered with your account and/or by posting notice of the change on the Website.

3. Effective Date of Changes: Any changes to this Agreement will be effective upon the earlier of our dispatch of an email notice to you or our posting of notice of the changes on our Website.

4. User Responsibility: We suggest you re-read this section of our Website from time to time to stay informed of any such changes.

5. Acceptance of Changes: Use of the Website by you after such notice shall be deemed to constitute acceptance by you of such modifications.

We reserve the right to modify these terms at any time. Continued use of the Website after changes constitutes acceptance of the modified terms.

Privacy Policy

Trademark Takumi understands the importance of privacy in our users’ lives. Learn more by visiting our Privacy Policy page.

Miscellaneous

1. Right to Limit Sales: We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.

2. Changes to Products and Pricing: All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.

3. Discontinuation of Products: We reserve the right to discontinue any product at any time.

4. Void Offers: Any offer for any product or service made on this site is void where prohibited.

5. Section Headings: The section headings used herein are for convenience only and shall be of no legal force or effect.

6. Severability: If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect.

7. No Third-Party Beneficiaries: There are no third-party beneficiaries of this Agreement.

8. Assignment: You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid.