PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
In these Terms and Conditions of Use and Service, the words “you” and “your” shall refer to each customer or Site visitor, and “IAR” shall refer to Indie Artist Resource, it’s owner or agents, and www.indieartistresource.com (the “Site”). By using the Site, using any of IAR’s services, or purchasing any products or services through the IAR website (such products and services offered by IAR hereinafter known as “IAR Services”), you agree that you understand and will be bound by these Terms and Conditions of Use and Service (“Terms”). Your use of this Site constitutes your agreement to these Terms.
1. Your use of the Site is governed by these Terms regardless of the method used by you to access the Site. IAR may make changes to these Terms at any time and from time to time without notice to you. It is your responsibility to review these Terms periodically. Your continued use of the Site following changes made to these Terms constitutes your acceptance of those changes. IAR may also, at any time, discontinue, change, and/or modify all or any part of the Site, as well as charge, change, modify, or waive fees on the Site, or offer opportunities to some or all users of the Site.
2. IAR makes no representation or warranty that any material, images, or files obtained from or through this Site are free from computer viruses or other faults or defects. It is your responsibility to take customary precautions against computer viruses. IAR makes no representations or warranties concerning inaccuracies, typographical errors or other defects which may become part of the material or content available on this Site. You agree to use this Site at your own risk.
3. Your use of this Site is restricted. The transmission of any material or data to this Site which is harmful, contains corrupt computer code, contains a virus, or is otherwise malicious or harmful to IAR, or attempts to corrupt or change the material, images, notices, or files of this Site is strictly prohibited. You may not use this Site to send or post any material which is obscene, pornographic, offensive, defamatory, unlawful or otherwise harmful or detrimental to IAR or this Site. You may not interfere with or inhibit any other person’s use of the Site. You may not use this Site in connection with any fraudulent or unlawful purpose, nor may you impersonate any person or entity or misrepresent your affiliation with any person or entity in using the Site.
4. You agree that all information you provide to IAR is true, accurate, and complete, and you will maintain and regularly update such information.
5. IAR reserves the right to disclose or use aspects of the information which you provide, in the normal course of its business, as governed by the Privacy Policy, located at http://www.indieartistresource.com/privacy-policy/ (the “Privacy Policy”). You grant IAR a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish, and translate your personal information for the purpose of enabling your use of the IAR Services, as governed by the Privacy Policy.
6. IAR is not responsible for the information collection, usage, and disclosure practices of third parties or Third Party Services (as defined below). If you choose to make any of your personally identifiable information or other information publicly available on the Site, you do so at your own risk.
7. The information, documents, images, and content contained on this Site are protected by the copyright and/or trademark laws of the United States and foreign jurisdictions; unauthorized or improper use of the material, images, content, and files on this Site may result in violation of those laws. IAR hereby grants to you a nonexclusive, limited and nontransferable license to use the material and images of this Site solely for the purpose of viewing said material and images on your personal computer while on the Site. Reproduction, distribution, and or digital transfer of any material on this Site is strictly prohibited without an express license to do so and ownership of said material shall at all times remain with the stated copyright and/or trademark owners.
8. You may not use IAR’s trade names, trademarks, service marks, IAR Services, or Site content in connection with any product or service that is not IAR’s, or in any manner that is likely to cause confusion. Nothing contained on the site should be construed as granting any license or right to use any trade names, trademarks, service marks, IAR Services, or Site content without express prior written consent of the owner. All trademarks and service marks on the site not owned by IAR are the property of their respective owners.
9. Please note that unauthorized use of any IAR Services, including, without limitation, any service or product offered by IAR and any software used by the services on the Site, may subject you to civil and criminal penalties, (including, without limitation, possible monetary damages), including, without limitation, for copyright infringement.
10. The IAR Services through the Site are provided by IAR and intended solely for your own personal or internal business use. You are not permitted to use the IAR Services for any other transaction or purpose than which they were intended. You may not reproduce, distribute, display, publish, or transmit such IAR Services unless absolutely necessary to effectuate the purpose of such IAR Services; for example, you may make and distribute a copy of a contract to each person that is a party to the contract and is signing the contract. You are not authorized to modify, edit, copy, reproduced, reverse engineer, alter, enhance, create derivative works from, sell, or participate in any sale or resale, exploit in any way, or use the IAR Services in any manner aside from the IAR Services’s intended use; for example use of a contract for the intended purpose of the contract.
11. The IAR Services are currently only available in California. IAR’s services, the IAR Services, and the information on this Site are not legal advice or the practice of law.
12. California residents are eligible to consult with an IAR attorney for legal advice on specific matters. Please note that IAR attorneys are currently only licensed to practice law in California. Consultations are currently only available in California, and IAR attorneys will only provide legal advice if specifically retained to do so in an agreement that is separate and apart from anything in this Site. All IAR Services are only available for purchase in California for California residents at this time.
13. If citizens of any other state are eligible to use IAR’s services or purchase IAR Services as indicated on the Site, IAR has had a licensed attorney in that state review the basic contract form provided by this Site before it has been made available to customers in any such state to ensure compliance with that state’s laws.
14. You understand and agree that using the Site, purchasing IAR Services from the Site, or using IAR’s Services is not a substitute for the advice of an attorney and receiving counsel based on the facts and circumstances of your particular transaction.
15. You understand that using IAR’s Services does not create an attorney-client relationship between you and IAR or you and Erin M. Jacobson, Esq., except as provided for in Paragraph 12 of these Terms.
16. You further understand and agree that all IAR Services by IAR and the Site are considered to be basic and standard information, contracts, services, and information that are not tailored to individual needs. Some forms offered by IAR may be self-help “fill in the blank” forms. You understand that your purchase, download, and/or use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs. Although IAR makes every effort to keep contracts and forms up to date, some of the information in these contracts may be outdated by the time you read them due to the quick pace of technological change. Furthermore, case law and statutes are subject to revision and may not apply in every state. All IAR Services are prepared based on information you provide to IAR and IAR will not be responsible for any errors or inaccuracies in the information you provide to IAR or any other errors in preparation of documents or services. You will read all final documents and be solely responsible for all final documents.
17. IAR does not track dates and you are responsible for keeping track of all important dates. Such dates may include but are not limited to dates of filing, termination, and renewal (whether automatic or not automatic), and you are responsible for keeping track of such dates and taking appropriate action or instructing a qualified professional to take appropriate action regarding said dates.
18. The Site may include or be used in connection with certain Third Party Services, which are defined as third party software applications and services or links thereto (hereinafter “Third Party Services”). IAR does not control Third Party Services and therefore IAR is not responsible or liable for any Third Party Services, including the performance, accuracy, integrity, quality, legality, usefulness, or safety of, or intellectual property rights relating to, Third Party Services or their use. IAR has no obligation to monitor Third Party Services, and may remove or restrict access to any Third Party Services (in whole or part) from the Site at any time. The availability of Third Party Services on the Site does not imply IAR’s endorsement of, or affiliation with any such Third Party Services or their developers or providers. Further, your use of Third Party Services may be governed by additional terms and conditions that are not set forth in these Terms or this Site’s Privacy Policy. Nothing in these Terms shall be deemed to be a representation or warranty by IAR with respect to any Third Party Service. Your access to or use of such Third Party Services may be governed by additional terms and conditions that are not set forth in these Terms and that are made available by the particular providers of such Third Party Services.
19. IAR reserves the right to terminate your use of this Site at any time and for any reason, without notice. All restrictions, rights granted by you, and all disclaimers and limitations of liability by IAR will survive termination. You agree to discontinue use of this Site immediately upon your disagreement with or breach of any of these Terms, as they may be amended from time to time.
20. You shall not make any critical or disparaging comments, either orally or in writing, that could be defamatory, offensive, or disparaging to Erin M. Jacobson, Esq. or to IAR, its directors, employees, assignees, licensees or their heirs, successors or assigns, or include any material that could be construed as such in any literary material, with such material including online reviews. The terms of this Paragraph 20 shall also apply to any interviews, whether spoken or written, given by you.
21. You may need to register to use any part(s) of the Site. IAR may reject, or require that you change, any user name, password or other information that you provide to IAR in registering. Your user name and password are for your personal use only and should be kept confidential; you are responsible for any use of your user name and password, and you agree to promptly notify IAR of any confidentiality breach or unauthorized use of your user name and password, or your Site account.
22. If you wish to purchase any IAR Services through the Site (each purchase shall be known as a “Transaction”), you may be asked to supply certain information in connection with such Transaction, including without limitation your credit card number or other payment account number, your billing address, and your shipping information. BY INITIATING A TRANSACTION, YOU REPRESENT AND WARRANT THAT YOU AREEIGHTEEN (18) YEARS OF AGE OR OLDER AND HAVE THE LEGAL RIGHT TO USE THE PAYMENT MEANS SELECTED BY YOU. Minors are not allowed to use this Site or purchase IAR Services through the Site, and IAR asks that minors not submit any personal information to IAR. By submitting such information, you grant IAR the right to use such information in accordance with the Privacy Policy, including, without limitation, by providing such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
23. Except to the extent prohibited by applicable law, IAR reserves the right, with or without prior notice, to change descriptions, images, and references of any IAR Services; to limit the available quantity of any IAR Services; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any IAR Services. Price and availability of any IAR Services offered through the Site are subject to change without notice. In the event that any IAR Services are listed at an incorrect price or with other incorrect information, IAR has the right to refuse or cancel any Transaction(s) for such IAR Services. You shall pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges, and any applicable network, data or other charges in respect of mobile downloads. In addition, you remain responsible for any taxes (including, if applicable, VAT and/or any import duties) that may be applicable to your Transaction(s).
24. Except to the extent applicable law provides otherwise, all sales through the Site are final, and all charges from those sales are nonrefundable, except as otherwise expressly set forth in these Terms. IAR, IAR Affiliates, or IAR’s third party designees may automatically process charges against your selected payment method on the receipt page or when we provide you with a “Download Now” link. IAR, IAR Affiliates, or IAR’s third party designees will inform you if all or any portion of your order is canceled or if additional or different information is required to accept your order.
25. Notwithstanding the foregoing, you understand that if you do not supply the information required to complete your order or otherwise abandon your order, you will have no right to request a refund or any other reimbursement or restitution for any other IAR Services. Both parties acknowledge that IAR is out of pocket time and money for undertaking the work and both parties fully intent to complete the order. Abandoned orders will result in liquidated damages equal to the amount paid to IAR for reimbursement of IAR’s commitment to service said order.
26. If IAR encounters evidence of suspicious activity in connection with your account, including, but not limited to, evidence that your account is being used by someone who is not authorized to do so, you acknowledge that IAR, in its sole discretion, may opt to temporarily disable your account for a reasonable amount of time in order to investigate. You also understand that IAR, in its sole discretion, may decide not to send any documents associated with your account to you or file any such documents with any government authority, while your account is disabled. You acknowledge that IAR will not be liable for any delays caused by these policies and procedures.
27. You agree to notify IAR immediately of any changes to your Paypal account or your credit card number, its expiration date, and/or your billing address, of if your Paypal account or your credit card expires or is cancelled for some reason. You understand that if your failure to provide IAR with accurate, complete, and current information results in delinquent payments, IAR may restrict your ability to purchase other IAR IAR Services, report information about this delinquency to credit bureaus, and/or pursue further collection efforts.
28. Except as otherwise noted, filing and recording fees may include all mandatory or applicable federal, state, county and local administrative fees, name reservation fees, search fees, initial reports, publication notices, capitalization fees, franchise tax fees, expedite fees, certified copy fees, walk-in fees, courier fees, and other transactional fees incurred on your behalf by IAR.
29. As part of an order for certain trademark and copyright products, you may be required to submit to IAR materials – such as specimens, drawings, or copies of your work – in order for IAR to complete your order and submit your document(s) to the relevant government office. Furthermore, you understand that while IAR may retain digital copies of your submission, IAR does not retain physical copies of your submissions and will not return those materials to you. All physical materials that IAR does not submit to government offices as part of your application will be securely destroyed.
a. For Trademark orders—By placing your order, you give IAR the express authority to file your application with the USPTO. After placing your order, IAR may send you material to review or contact you for information regarding your order. In either case, if you do not respond to IAR within 7 days, IAR may file your application to avoid filing delays. You understand that you may be contacted by the USPTO for other information after your application has been filed.
b. For Copyright orders — By placing your order, you give IAR the express authority to file your application with the U.S. Copyright Office. After placing your order, IAR may send you material to review or contact you for information regarding your order. In either case, if you do not respond to IAR within 60 days, IAR may file your application to avoid filing delays. You understand that you may be contacted by the U.S. Copyright Office for other information after your application has been filed.
30. IAR strives to provide customers with the most thorough and up-to-date search results through the best available technology and trained search specialists. Accordingly, you understand that it takes all reasonable steps to ensure that the accuracy and completeness of searches is the best possible using its resources, including existing databases and personnel. For due diligence purposes, trademark customers should thoroughly examine the search report and review to ensure that they are satisfactory and accurate before making any decisions regarding their trademark(s).
31. To use the Site, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. You are responsible for providing all equipment necessary to make such connection to the World Wide Web, including a computer and Internet access. Access to certain IAR Services may be limited or delayed based on problems inherent in the use of Internet and electronic communications. You understand that IAR is not responsible for delays, delivery failures, or other damage resulting from such problems.
32. IAR shall not be liable in any manner under any legal theory for any cessation, interruption, or delay in the performance of IAR’s obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, illness, death, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond IAR’s reasonable control, whether foreseen or unforeseen (each a “Force Majeure Event”). If a Force Majeure Event continues for more than 60 days in the aggregate, IAR may immediately terminate these Terms and shall have no liability to you for or as a result of any such termination.
33. You acknowledge that IAR reserves the right to refuse service to anyone at anytime.
34. You acknowledge that IAR is not a registered or bonded legal document assistant under California Business and Profession Code, sections 6400 et seq.
35. You hereby waive, discharge, release and relinquish any and all claims that you now have or may have against IAR or IAR Affiliates, and further agree to indemnify and hold IAR and IAR Affiliates harmless from any claim or demand, including all legal fees, court costs, and any other related expenses arising from your use of this Site, the violation of these terms and conditions by you, or the infringement by you, or other unauthorized user of this Site under your user name, of any intellectual property or other right of any person or entity. Even if IAR has been previously advised of the possibility of such damage, if there is liability found on the part of IAR, it will be limited to the amount you paid to IAR for the IAR Services, and under no circumstances will there by consequential or punitive damages, except as prohibited by law. Any links visited through this Site are at your own risk.
36. IAR AND IAR AFFILIATES ACCEPT NO RESPONSIBILITY OR LIABILITY FOR DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES WHICH MAY RESULT FROM YOUR USE OF THIS SITE. IAR AND IAR AFFLIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY OF THE COMPLETENESS, ACCURACY OR TIMELINESS OF THE INFORMATION AVAILABLE ON THIS SITE, OR THE WARRANTY OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. IAR OFFERS THIS SITE AS A COURTESY TO ITS CUSTOMERS AND RELATED INDUSTRY MEMBERS, ON AN “AS IS” AND “AS AVAILABLE” BASIS. IAR AND IAR AFFILIATES ACCEPT NO RESPONSIBILITY FOR DAMAGES WHICH MAY RESULT FROM YOUR USE, OR INABILITY TO USE THIS SITE, NOR FOR DAMAGES WHICH MAY OCCUR TO YOUR COMPUTER HARDWARE OR SOFTWARE, MODEM, TELEPHONE LINE, OTHER PROPERTY, BUSINESS, TIME, INCOME, OR OTHER INTANGIBLES AS A RESULT OF YOUR USE OF THIS SITE. IAR AND IAR AFFILIATES ACCEPT NO RESPONSIBILITY FOR DAMAGES WHICH MAY RESULT FROM MESSAGES TRANSMITTED TO OR FROM THIS SITE, OR FROM YOUR USE, IN ANY FORM, OF THE MATERIAL, IMAGES OR FILES PROVIDED ON THIS SITE. FURTHER, IAR AND IAR AFFILIATES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING YOUR USE OF THE SITE OR FROM ANY THIRD PARTY SERVICES, THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, INFORMATION OR MATERIALS ON THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. IN THE EVENT ANY PORTION OF THIS DISCLAIMER OR THESE TERMS IS DEEMED UNENFORCEABLE OR INAPPLICABLE, IAR’S TOTAL, EXCLUSIVE, AND MAXIMUM LIABILITY WILL BE THE AMOUNT PAYED BY YOU TO ACCESS THE SITE AND ONLY THE SITE.
37. This Site is controlled and/or operated from the United States, and is not intended to subject IAR or IAR Affiliates to non-U.S. jurisdiction or laws. If you access the Site, you do so at your own risk, and you are responsible for complying with all local laws, rules, and regulations. You hereby agree that these Terms (and any claim or dispute arising in connection with these Terms or your use of the Site) is governed by and shall be construed in accordance with the laws of the State of California, U.S.A., without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the federal and state courts located in Los Angeles, California, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections thereto.
38. Any dispute, claim or controversy arising out of or relating to your use of this Site and its contents under these Terms, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by arbitration in in Los Angeles County, California, held before a panel of three (3) arbitrator(s). The arbitration shall be administered by the Agency for Dispute Resolution (ADR) pursuant to its Arbitration Rules and Procedures. Judgment on the Award may be entered in any court pursuant to Paragraph 37 above. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court sitting in Los Angeles County, California. The arbitrator may, in the Arbitration Award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party.
39. You further agree that the United Nations Convention on the International Sale of Goods will not apply to these Terms or the IAR Services. You agree that any unauthorized use of the Site, the IAR Services, or any related software or materials, or any Third Party Services, would result in irreparable injury to IAR for which money damages would be inadequate, and in such event IAR, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this section or elsewhere in these Terms shall be construed to limit remedies or relief available pursuant to statutory or other claims that IAR may have under separate legal authority, including, without limitation, any claim for intellectual property infringement.
40. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please feel free to contact IAR’s legal representative via e-mail at legal@indieartistresource.com. E-mail communications are not necessarily secure, so please do not include credit card information or other sensitive information in any e-mail to IAR. You may also contact IAR’s legal representative by writing to IAR at Erin M. Jacobson, Esq., 9107 Wilshire Blvd., Suite 450, Beverly Hills, CA 90210, Attn: IAR Website.
41. BY USING IAR’S SERVICES OR ACCESSING THE IAR SITE OR APPLICATIONS, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO IAR VIA THE IAR SITE OR APPLICATIONS CONSTITUTES AN INQUIRY TO IAR, AND THAT IAR MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).
42. By using the Site, you affirm that you are of legal age and understand and agree to abide by these Terms, or, if you are not of legal age, that you have obtained parental or guardian consent to use this Site. If you have any questions regarding the meaning or application of these Terms, please direct such questions to legal@indieartistresource.com. E-mail communications are not necessarily secure, so please do not include credit card information or other sensitive information in any e-mail to IAR. These Terms does not create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and IAR. If any provision of these Terms is found to be unenforceable, that provision will not affect the validity and enforceability of any other provision. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without IAR’s express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. These Terms hereby incorporate by this reference any additional terms that IAR posts on the Site (including, without limitation, the Privacy Policy) and, except as otherwise expressly stated herein, these Terms is the entire understanding between you and IAR relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and IAR relating to such subject matter. Notices to you may be made via posting to the Site, by e-mail or by regular mail, in IAR’s discretion. IAR may also provide notice of changes to these Terms or other matters by displaying such notices or by providing links to such notices. You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. IAR and IAR Affiliates will not be responsible for failure to fulfill any obligation due to causes beyond IAR’s control. Except as expressly set forth in the following sentence, nothing in these Terms, express or implied, is intended to confer, nor shall anything herein confer on, any person other than the parties and the respective successors or permitted assigns of the parties, any rights, remedies, obligations or liabilities. IAR’s right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.
43. By using the Site and proceeding with your purchase, you agree to these Terms.
