Legal

By using or signing up for Madridfiler Software Development Corporation’s (“MSDC”) trademark automation and refusal management (“Platform”) at Madridfiler.com (Site), or any of the services of MSDC (“Service”) provided through our agents, licensed attorneys and their firms, collectively (“We/Us”), you, your principal or end client (“You”) agree to be bound by the following terms and conditions, and as amended periodically (“Terms”).

If You do not agree with the following Terms and Conditions do not use this Platform, Site or Service. We reserve the right to update and change the Terms and Conditions by posting updates and changes to the Site without notice to You.

General Terms and Conditions:

  1. You understand and agree that it is your responsibility to review the Terms.
  2. You understand and agree that our account managers and customer service representatives neither validate data for You nor provide any advice relating to a trademark or Services.
  3. You understand and agree that MSDC is not a law firm and does not provide any legal advice nor legal services. Specifically, you agree that nothing on this Site or Platform will be construed as legal advice.
  4. Your use of the Platform or Service is at your sole risk. The Platform or Service is provided on an ”as is" and ”as available“ basis without any warranty or condition, express, implied or statutory save except for the source of the data.
  5. You understand and agree that we rely on the accuracy of information as provided by government records and cannot guarantee that the government’s records are completely accurate and up-to-date.
  6. As We rely on various technologies including national IP offices data provisioning systems, Microsoft Azure and the underlying network infrastructure, We do not warrant that the access to the Platform or Service will be uninterrupted. Therefore, We cannot be held responsible for the failure of any of these or similar systems.
  7. You agree to provide your correct name, address and phone number and understand that it is your responsibility to keep your contact information up to date and safe.
  8. You agree not to have more than one account.
  9. You agree as a user of the Site and the Platform to communicate with other users of the Site only as authorized by Us. Specifically, You agree not to offer to or buy Services from another person outside this Site or Platform as result of information, introductions or prices obtained or sourced from this Service, Site or Platform.
  10. You agree that you can only request quotes for Services on this Site or Platform if you really intend to purchase.
  11. You understand and agree to sign all documents necessary including powers of attorney that are required by the relevant IP office to process your request before the applicable deadline.
  12. You understand that failure to provide and deliver the executed documents in a timely manner to Us may affect your rights and result in the additional fees to comply with additional and late actions.
  13. You acknowledge that acceptance of your order by Us is not a representation about the registrability or assurance that any application or registration will succeed in any country or jurisdiction.
  14. You acknowledge and understand that the processing of an order by Us is no assurance of the grant or success of any request. You acknowledge and understand that such an outcome is dependent on and within the discretion of the relevant IP Office.

Securing Dates:

  1. You understand and agree that if You have an urgent data validation, filing or provisional refusal management or quotation request, We may not be able to fulfil this request in a timely manner.
  2. You understand and agree that at the time of validation or filing. We do not perform any legal or registrability analysis of an application nor consider obstacles to registration.
  3. You understand and agree that if You decide to use the Platform or subsequent to validation, You will be represented by a licensed attorney acting for You on behalf of MSDC.
  4. You understand and agree that the data validation, filing process is an administrative task.
  5. You understand and agree that this Platform will claim a priority date for your application when possible.
  6. You understand and agree that the one of the purposes of this Platform is to validate data for compliance with different legislation based on data received from a national trademark office or body so as to calculate deadlines and for use in another trademark office, for refusals management and quotation.
  1. You understand and agree that We do not and will not perform a conflict of interest check prior to the validation or filing of any trademark application.
  2. You understand that a conflict of interest check will occur only if You or your client receives an Office Action/Provisional Refusal and We provide a quote to respond to the Office Action/Provisional Refusal.
  3. You understand and agree that We own the Platform/Site including, without limiting the generality of the foregoing, its contents, documents, logos and images except content belonging to third party providers.
  4. You understand and agree that use of this Platform, Service and Site is with our  permission and is restricted to viewing, copying and printing individual results for your personal information and non-commercial use other than for transactions on the Site.
  5. You agree not to re-sell or retransmit the information on, and the contents of, this Site.
  6. You understand and agree to the Terms and Conditions stated therein, and if You do not understand will seek legal counsel before using this Site.
  7. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without MSDC’s express written permission.

Jurisdiction:

  1. You understand and agree that MSDC, this Platform and this Site are located in Canada and fall under Canadian law.
  2. You understand and agree that all your rights and obligations, any interpretation or legal action that may arise is subject to the jurisdiction and venue of Ontario Courts at the exclusion of any conflict of interest rules or the terms of U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Platform, Site or Services.
  3. You agree that if there is any dispute herein with Us, you shall be bound by binding arbitration under Ontario Law and attorn to an Ontario venue and jurisdiction.

Limitation of Liability:

  1. You expressly understand and agree that We will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of, or inability to use, the Platform, Site or Service. We make no warranties, express or implied with respect to the merchantability, quality, non-infringement or fitness for a particular purpose of this site and software or the completeness or accuracy of the data contained in this site except to the extent they are provided by the national IP offices.
  2. In no event shall We be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the Platform, Site or Services or this agreement (however arising including negligence). You agree to indemnify and hold Us and (as applicable) our parent, subsidiaries, affiliates, MSDC partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Miscellaneous:

  1. The failure of MSDC to exercise or enforce any right or provision of the Terms and Conditions of Service shall not constitute a waiver of such right or provision. The Terms and Conditions set out on the Site constitute the entire agreement between You and Us and govern your use of the Platform, Service and Site, superseding any prior agreements between You and Us (including, but not limited to, any prior versions of the Terms and Conditions of Service).

Payment of Fees, Estimate & Acceptance Deadlines:

  1. You are responsible for fees incurred using your account, and you should protect your login credentials accordingly. You may request that We temporarily deactivate your account.
  2. A valid credit card is required for accounts to be able to process orders using a live payment gateway.
  3. The service will be billed the same day. Prior to the completion of your transaction You will be sent an invoice via email. We offer terms to accounts spending over $15,000 a year with Us. For accounts spending less, all fees are payable in advance on or before the first day of the transaction or subscription.
  4. All fees are exclusive of all applicable Canadian taxes (“Taxes”). If You have a Canadian address, Taxes are based on the rates applicable to the Canadian billing address You provided to Us. Such amounts are in addition to payment for the Service and will be billed to your credit card. If You provide Us with an address that is outside of Canada, You will not be charged for Taxes.
  5. We do not refund fees unless paid in excess or in duplicate. The fee is a processing fee.
  6. You understand and agree that we may auto-publish and remind You of activities by electronic means in the government databases but are under no obligation to do so.
  7. We guarantee the accuracy of quotation of estimated costs ("Estimate") for only a limited time period. You understand that until You pay and We receive in payment in full for the Estimate, We have no obligation to process or assume any responsibility for your order in any manner.
  8. Estimates assume that acceptance orders will be received within the required deadline.
  9. Orders received after the set deadline by Us or the applicable government body shall constitute late acceptance orders. You understand that We may be unable to fulfil your request if received after the deadline set by Us or the applicable government body and that it is your responsibility to provide instructions and payment well before the applicable deadline. Late acceptance orders may incur additional late fees.
  10. Estimate(s) are valid only for specific cases, by serial number, jurisdiction and order number. No Estimate shall be applicable in any other instance.
  11. To compensate for currency conversion costs including exchange rate fluctuations, We charge a minimal foreign exchange fee above the daily exchange rate when calculating fees in other currencies.

Cancellation and Termination:

  1. You may cancel your account at any time by emailing info@madridfiler.com
  2. We reserve the right to refuse, modify or terminate access to the Platform, Site or Service to anyone for any reason and without notice at any time.
  3. Without limiting any other remedies, We may suspend or terminate your account if We suspect that You have engaged in fraudulent activity in connection with the Platform, Site or Service.

Modifications to the Service and Prices:

  1. Prices to access and use this Platform and Services are subject to change without notice from Us. Such notice, if provided, may be at any time by posting the changes to the Site.
  2. We reserve the right at any time to modify or discontinue, the Service (or any part thereof) with or without notice.
  3. We shall not be liable to You or to any third party for any modification, price change, suspension or discontinuance of the Service.

Acknowledgement of Intellectual Property Rights:

  1. You recognize and acknowledge the validity and ownership of MSDC's intellectual property rights and all of the goodwill associated therewith.
  2. You undertake not to oppose or challenge any of MSDC's intellectual property rights.
  3. You grant Us a limited, worldwide, royalty-free license to reproduce and use your company or organizational name, logos and trademark in advertising or promotional materials for the Service for the purpose of referring to You as an MSDC customer.