Terms of Service

Last Updated: April 22 2026

Welcome to the website of TrademarKraft (the “Firm,” “we,” “us,” or “our”). By accessing or using our website, engaging our services, or communicating with us, you agree to be bound by these Terms of Service (the “Terms”). If you do not agree to all of these Terms, you must not use our website or retain our services.

These Terms apply to all visitors, users, and clients (“you” or “your”).

1. Services

We provide trademark legal services, including but not limited to:

All legal services are provided subject to a separate engagement agreement. In the event of any conflict between these Terms and an engagement agreement signed by both parties, the engagement agreement shall control.

2. No Legal Advice Without an Engagement

Information on this website is for general informational purposes only and does not constitute legal advice. No attorney‑client relationship is formed by your use of the website, submission of an inquiry, or receipt of a response from us unless and until a written engagement agreement is executed. You should not act or refrain from acting based on any information on this site without seeking professional legal counsel.

3. User Conduct

You agree not to:

• Use the website for any unlawful purpose
• Submit false, misleading, or incomplete information
• Interfere with the security or functionality of the website
• Attempt to reverse engineer or copy any proprietary code or content

4. Payment and Refunds

Fees for services are set forth in engagement letters or invoices. All fees are earned upon performance of services. Refunds, if any, are governed by the applicable engagement agreement. We do not offer refunds for services already rendered, including filing submissions or legal research.

5. No Guarantee of Outcome

Trademark prosecution, opposition, cancellation, revival, or any other legal proceeding involves inherent uncertainties. We do not guarantee any particular outcome, including registration of a trademark, success in a TTAB proceeding, or revival of an abandoned application. Any statements on our website about past results are not a guarantee of future results.

6. Limitation of Liability

To the fullest extent permitted by law, our liability to you for any claim arising out of or relating to these Terms or our services, whether in contract, tort, or otherwise, shall not exceed the total fees you paid to us in the six months preceding the claim. We shall not be liable for any indirect, incidental, consequential, or punitive damages, including lost profits or lost business opportunities.

7. Indemnification

You agree to indemnify, defend, and hold harmless the Firm, its founder, employees, and agents from and against any and all claims, losses, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your breach of these Terms
• Your violation of any law or third‑party rights
• Any false or misleading information you provide to us

8. Mandatory Arbitration

Please read this section carefully. It affects your legal rights and requires that disputes be resolved through binding individual arbitration rather than a court proceeding.

Any dispute, claim, or controversy arising out of or relating to these Terms, your use of our website, or our services (including any engagement) shall be resolved exclusively by binding arbitration, rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited.

The arbitration shall be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules in effect at the time the claim is filed. The arbitration shall be conducted in [Insert City and State, e.g., San Diego, California] or, at your option, by telephone or video conference if the claim amount is less than $50,000. The arbitration shall be before a single arbitrator mutually agreed upon by the parties, or if no agreement, appointed by the AAA.

Each party shall bear its own attorneys’ fees and costs, except that the arbitrator may award fees and costs to the prevailing party if authorized by applicable law. You and we agree that any arbitration shall be conducted on an individual basis only; class arbitrations, collective actions, and representative actions are not permitted. You waive any right to participate in a class action, consolidated action, or private attorney general action.

Notwithstanding the foregoing, either party may bring an individual action in small claims court (if within the court’s jurisdiction) or seek injunctive relief in a court of competent jurisdiction to protect its intellectual property or confidential information without first engaging in arbitration.

Any arbitration demand must be filed within one year after the claim first accrues, or it is forever barred.

9. Non‑Disparagement Clause

You agree that you will not make, publish, or communicate any statement (oral, written, digital, or otherwise) that disparages, defames, criticizes, or otherwise negatively affects the reputation, goodwill, or business of the Firm, its founder, employees, agents, or clients. Disparaging statements include, but are not limited to, negative reviews, public complaints, social media posts, blog comments, or any communication to third parties that is intended to harm our professional standing.

You may, however, post truthful, non‑disparaging feedback directly to us in private correspondence, or file a complaint with the appropriate legal or regulatory authority (e.g., state bar association) without violating this clause, provided that such complaint is made in good faith and not for the purpose of public disparagement.

If a court or arbitrator finds that you have breached this non‑disparagement clause, you agree to pay the Firm’s reasonable attorneys’ fees and costs incurred to enforce this provision, in addition to any other damages available at law or equity.

10. Confidential Information

You agree to keep confidential any non‑public information we provide to you regarding our internal processes, legal strategies, or client matters, unless disclosure is required by law. Similarly, we will treat your confidential information as required by professional ethics rules and applicable law.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of [Insert State, e.g., California], without regard to its conflict of laws principles. The arbitration provision shall be governed by the Federal Arbitration Act.

12. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect.

13. Modifications

We may revise these Terms from time to time. The most current version will be posted on this page with the “Last Updated” date. Your continued use of the website or our services after any changes constitutes acceptance of the revised Terms.

14. Entire Agreement

These Terms, together with any engagement agreement you sign, constitute the entire agreement between you and the Firm with respect to your use of the website and our services, superseding any prior agreements or communications.

15. Contact Us

If you have any questions about these Terms, please contact:

Nyall Engfield, Esq.

nyall at trademarkraft.com

 

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By using our website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, including the mandatory arbitration and non‑disparagement clauses.