1. Welcome to BranchMark!

This page provides our Terms of Use. By using the Site or receiving Services, you are agreeing to all the terms and conditions stated herein. We have done our best to provide clear and concise explanations of what everything means in the italicized paragraphs below each section header. If you have any questions, concerns, or suggestions, please contact us directly.

Please read these Terms of Use (“Terms” or “Terms of Use”) carefully before using the mobile application program or website (collectively the “Site”) owned and operated by BranchMark Law, PLC, a Michigan professional limited liability company, with offices at 35 W. Huron Street, Suite 600, Pontiac, Michigan 48342 (together with its affiliates, officers, directors, members, managers, employees, agents, attorneys, and representatives, collectively referred to herein as “BranchMark”, “us”, “we” or “our”). Your use of the Site and/or receipt of any of our services (“Services”), as applicable, is expressly conditioned on your full acceptance of and compliance with these legally binding rules in their entirety, without exception, including our Privacy Policy and Cookie Policy below. Please contact us if you have any questions, concerns, or suggestions.

We may change these Terms from time to time. We will do our best to notify you of any such changes on the Site or by email, as applicable, but shall have no obligation to do so. By continuing to access and use the Site or Services, you confirm your acceptance of all such changes. Definitions used in the Terms of Use shall apply to our Privacy Policy and Cookie Policy.

2. No Assignment of Rights

Your use of the Site or Services does not constitute an assignment, offer for sale, or agreement to purchase or sell any intellectual property right, including US or foreign patents, by, to, or through BranchMark.

The Site is provided for informational purposes only. Your use of the Site or Services does not constitute an assignment, offer for sale, or agreement to purchase or sell, any intellectual property right, including but not limited to, any US or foreign patent, patent application, utility model, or industrial design, by, to, or through BranchMark or any client thereof.

3. Disclaimer of Warranty and Damages; Limitation of Liability; Indemnification; and Waiver

The Site and Services are provided “as-is” without any representations or warranties of any kind, including, but not limited to, representations or warranties of merchantability or fitness for a particular purpose, express or implied, all of which are hereby disclaimed.

You are using the Site and Services solely at your own risk. The Site and Services are provided to you “as is” and “as available” and without a warranty of any kind, express or implied. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, completeness, or suitability of the information, materials, or reports found or offered on or through the Site or as part of our Services, for any purpose. Your use of the Site and/or receipt of any of our Services, as applicable, is expressly conditioned on your acknowledgment and agreement to such disclaimer and further acknowledgement and agreement that such materials may contain inaccuracies, errors, and omissions, and/or otherwise be boring. We expressly exclude liability for all such inaccuracies, errors, and omissions to the fullest extent permitted by applicable law, and you agree to such exclusion and waive all claims, rights, and causes of action arising from or relating thereto, in all jurisdictions.

BRANCHMARK, ON BEHALF OF ITSELF, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AND ALL OFFICERS, DIRECTORS, OWNERS, SHAREHOLDERS, INVESTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, ATTORNEYS, AND CONSULTANTS, SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES IMPLIED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USE OF TRADE. NO INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU ON OR THROUGH USE OF THE SITE OR SERVICES OR OTHERWISE WILL CREATE ANY WARRANTY OF ANY KIND.

Notwithstanding anything else in these Terms of Use, the Site, or otherwise to the contrary, you expressly agree that to the fullest extent permitted by law: (1) BranchMark will not be liable to any third party or to you for your use of the Site or receipt of any Services and/or with respect to any subject matter of these Terms of Use, for any indirect, incidental, reliance, special, punitive, exemplary, or consequential damages or lost profits, lost opportunity or loss of good will of any kind, however caused, whether under contract, tort (including negligence), or otherwise, including, but not limited to, damages resulting from your access to, use of, or inability to access or use the Site or Services, data loss or cost of procurement of substitute goods or services, including any and all intellectual property rights (or loss, limitation, or impairment thereof), whether actual or prospective, or conduct of or content of any third party, even if BranchMark has been advised of the possibility of such damages; (2) any and all liability of BranchMark arising under these Terms of Use and/or your use of the Site or Services of BranchMark will be limited to the amounts paid by you to BranchMark with regard to the provision of the specific services that gave rise to the claim of liability, but in no event will such liability exceed the total amount paid to BranchMark; and (3) your use of the Site and/or Services of BranchMark will not create or permit any personal liability, guarantee, or obligation on the part of any officer, director, shareholder, investor, member, manager, owner, affiliate, agent, attorney, consultant, or employee of BranchMark whether in contract, tort, or otherwise. These limitations will apply notwithstanding the failure of the essential purpose of any limited remedy.

The Site may contain links to third party websites, white papers, and other information. Links are provided solely for your convenience to provide additional information and for no other purpose whatsoever. They are not intended to provide, and should not be inferred as providing, an endorsement of the linked entity, an endorsement, approval, or confirmation of, the accuracy of any information accessible by or through the linked website, or any affiliation with, sponsorship, or endorsement by, BranchMark of the linked entity, or the linked entity of BranchMark, including our Site or Services. You agree that BranchMark will not be liable (directly or indirectly) for any loss or damages occasioned by your use of or reliance on any such linked content, or goods or services available by or through such links, the access to and provision of goods or services shall be governed by corresponding terms of use, privacy policies, and cookie policies, unrelated to the Site or our provision of Services.

By using the Site or Services, you expressly agree, without limitation, reservation, or recourse, of any kind, to release, and do hereby release, BranchMark (and BranchMark’s owners, officers, directors, shareholders, investors, members, managers, affiliates, attorneys, agents, consultants, pets, and employees) and all affiliated entities, including, but not limited to Mammoth Intellectual Capital, LLC, and Intellectual Asset Group, LLC, from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have or claim to have with any user of the Site or recipient of Services.

You expressly acknowledge and agree, without limitation or reservation of any kind, to fully and completely defend, indemnify and hold BranchMark and its owners, officers, directors, shareholders, investors, members, managers, agents, attorneys, consultants, employees, and all affiliated entities harmless, and will completely defend, indemnify and hold the foregoing harmless from any and all liabilities, claims, and expenses (including reasonable attorneys fees and all other legal and business costs) that arise from or reasonably relate to (1) your use or misuse of the Site or Services, including, but not limited to, your violation of these Terms; or (2) any and all claims, demands or damages you may seek against any other user arising out of your or their use of the Site or receipt of Services. Subject to and without waiver of the foregoing, BranchMark reserves the right, in its sole and absolute discretion, to assume the exclusive defense and control of any matter arising under this paragraph and your obligation of indemnity including selection of counsel.

4. Trademarks

We like the BranchMark Trademarks. We hope you do too. Please help us to protect them.

“BranchMark”, “branchmarklaw.com”, and other BranchMark graphics, logos, designs, page headers, button icons, scripts and service names, domain names, and designations, are registered service marks, service marks, or trademarks (collectively, the “Marks”) of BranchMark in the U.S. and/or other countries. The Marks may not be used, whether as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause dilution, confusion or association or affiliation with BranchMark and may not be copied, imitated, or used, in whole or in part, without the prior written consent of BranchMark.

5. Termination, Dispute Resolution, Forum, and Applicable Law

We may terminate or suspend your access to the Site and Services at any time for any reason. BranchMark headquarters is in Michigan. Any and all disputes will be finally resolved in Michigan under Michigan law.

Access to the Site and use of our Services is discretionary by BranchMark. We may, in our sole and absolute discretion, terminate, suspend, or block your access to our site immediately, without notice, and without liability, at any time and for any reason or no reason, including, but not limited to any actual, threatened, or perceived breach of the Terms of Use.

Please contact us by phone or email if you ever have any concerns. It is our sincere hope that all disputes can and will be resolved amicably before litigation is even a thought. In the unlikely and unfortunate event that a dispute cannot be resolved, you understand that by using the Site or Services, you expressly, unequivocally, and irrevocably agree, without reservation of any kind, that:

(a) any and all disputes arising from such use will be governed by and construed strictly and exclusively in accordance with the laws of the State of Michigan, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act, the United Nations Convention of controls for International Sale of Goods, the Interstellar Federation of Planets, or the Time Variance Authority, and you expressly agree to and submit to the exclusive jurisdiction (personal and subject matter) of the state and federal courts of Michigan, as applicable, for any and all disputes hereunder or in relation to or arising out of your use of the Site or Services;

(b) the Site and Services constitute a passive website that does not give rise to jurisdiction over BranchMark or its affiliates, owners, officers, directors, shareholders, investors, members, managers, agents, attorneys, consultants, or employees, specific or general, in any jurisdiction other than the State of Michigan, if at all;

(c) any action at law or equity arising out of or relating to these Terms, or your use or non-use of the Site or Services, will be filed only in the state or federal courts of Michigan, and you hereby consent to and submit to the sole and exclusive personal jurisdiction, exclusive subject matter jurisdiction, and exclusive venue of such courts for the purposes of mediating, arbitrating, litigating, and finally resolving all such actions;

(d) BranchMark may, in its sole and absolute discretion, seek to dismiss or transfer (to a state or federal court in Michigan) any action brought by you in any state or federal court outside of Michigan. You expressly consent to any such action to dismiss or transfer and further agree that you will be responsible for and hereby agree to reimburse BranchMark for all costs (including all attorneys fees and costs) and all other reasonable litigation expenses incurred by BranchMark in seeking and obtaining such dismissal or transfer; and

(e) you irrevocably waive any right you may have to a jury trial in any such dispute, action or proceeding.

6. The End

These are the rules, including our linked Privacy Policy and Cookie Policy.

These Terms, and the BranchMark Privacy Policy and BranchMark Cookie Policy, together constitute the sole, full, complete, and entire agreement between you and BranchMark with respect to your use of the Site and Services. They supersede all other communications and agreements whether oral, written (including electronic), imagined, prior or contemporaneous, between you and BranchMark (including any officer, director, owner, affiliate, parent company, subsidiary, shareholder, investor, member, attorney, agent, consultant, or employee thereof) regarding the subject matter hereof and constitute a complete, exclusive, and exhaustive statement of the terms of the agreement between you and BranchMark. If any provision of these Terms is determined to be illegal, invalid, or unenforceable under applicable law in any judicial proceeding, you and BranchMark agree that such provision will be limited to the minimum extent necessary (including severed) so that the Terms will otherwise remain operative, enforceable, and binding on you and BranchMark. The failure of you or BranchMark to exercise any right provided in these Terms at any time will not be deemed a waiver of any other rights. These Terms are personal to you. You cannot, and hereby expressly agree that you will not, assign, transfer or sublicense them without BranchMark’s advance written consent, which BranchMark in in its sole and absolute discretion, may elect to provide or not provide for any reason or no reason. Any such assignment, transfer, or sublicense by you without the foregoing advance written consent of BranchMark will be null, void, and unenforceable. Notwithstanding the foregoing, BranchMark has the right in its sole and absolute discretion, to assign, transfer, delegate, subrogate, designate and/or license any of its rights and obligations under these Terms at any time and without your consent or notice to you, including, but not limited to, assignment to any entity that acquires all or substantially all, of BranchMark’s assets or its business that is the subject hereof, or to any entity that is owned or controlled by BranchMark or under common control with BranchMark. Any such assignment, transfer, delegation, subrogation, designation, or license by BranchMark shall be binding on you.