Terms of Service
PLEASE READ THESE TERMS CAREFULLY.
These Terms of Service (“Terms”) are a legally binding agreement between you and Mindmark IP Law (“Mindmark,” “we,” “us,” or “our”) regarding your use of our website, products, and services.
THESE TERMS REQUIRE THE USE OF INDIVIDUAL ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND THEY LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Make sure to review these Terms periodically. We may revise them at any time by posting updated Terms on this website, and changes are effective when posted unless otherwise stated. If you have any questions about these Terms, please contact us at
info@mindmarkiplaw.com or (279) 206-5075.
If at any time you find these Terms unacceptable or otherwise do not agree to them, please do not use this website or any of Mindmark’s products or services. Otherwise, BY ACCESSING MINDMARK’S WEBSITE OR USING ANY OF OUR PRODUCTS OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
Mindmark IP Law is located at 2108 N ST #13895, Sacramento, CA 95816, United States.
General Terms
A. No legal advice; no attorney–client relationship via website.
Mindmark IP Law provides information about intellectual property and related services. The content on this website is for general informational purposes only and is not legal advice. You should not act or refrain from acting based on information on this website without seeking advice from a licensed attorney.
Your use of this website, submitting a contact form, sending us an email, or scheduling a consultation does not by itself create an attorney–client relationship with Mindmark IP Law. An attorney–client relationship is only formed after we agree to represent you in writing (for example, via an engagement letter or signed fee agreement).
B. Age restriction.
You must be at least 18 years of age and legally able to agree to contracts in order to use the Mindmark website, request services, or agree to these Terms.
C. Complete and accurate information.
You agree to provide complete and accurate information in connection with any inquiry, order, or engagement, and you represent that you have obtained any consents from third parties that may be required for us to perform the services.
D. Use of Artificial Intelligence and third-party tools.
You agree that we may, at our discretion, use artificial intelligence, automation tools, and other third-party technology to help deliver or support our services. Such tools are used under our supervision and do not change the fact that you remain responsible for reviewing and approving filings, drafts, or other outputs provided to you.
E. Abandoned matters and inactivity.
If you do not provide the information, documents, or approvals necessary for us to move forward with your matter within a reasonable time (for example, 120 days), we may treat the matter as inactive or abandoned. In such cases, we may close the file and are not obligated to continue work or maintain filing deadlines. Professional fees already earned and third-party costs already incurred will generally not be refundable, except as required by applicable law or your written engagement agreement.
F. Electronic communications and signatures.
You consent to the use of electronic signatures, electronic communications (including email and text messages), and electronic records in connection with your use of our website, products, and services. Where authorized by you, Mindmark may sign or submit documents electronically on your behalf to government or third-party systems in order to carry out the services you have requested.
G. Text message and SMS programs.
If you provide a mobile phone number and opt in to receive text messages, you agree that we may send you SMS or MMS messages (for example, appointment reminders, status updates, or important information about your matter). Message and data rates may apply. Message frequency may vary. You may opt out at any time by replying STOP to a message from us. Opting out of text messages does not affect our ability to contact you by email or phone regarding active matters.
H. Privacy Policy.
Mindmark’s Privacy Policy explains how we collect, use, process, and disclose personal information. The Privacy Policy is incorporated into these Terms by reference. By using our website or services, you consent to our collection and use of your information as described in the Privacy Policy.
I. Ownership of website and content.
This website is owned and operated by Mindmark IP Law. All right, title, and interest in and to the materials provided on this website, including but not limited to text, information, documents, logos, graphics, audio and visual files, and images (the “Materials”), are owned by Mindmark or our licensors.
Except as expressly authorized by Mindmark, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way. Nothing on this website or in our products or services shall be construed to confer any license under any of Mindmark’s intellectual property rights, whether by estoppel, implication, or otherwise. Any rights not expressly granted herein are reserved.
J. Limited permission to download.
Mindmark grants you a limited, revocable, non-transferable permission to download, view, copy, and print Materials on this website solely for your personal, non-commercial use, provided that:
- You do not modify the Materials in any way;
- You do not remove any copyright, trademark, or other proprietary notices appearing on or within the Materials; and
- You do not post the Materials on another website or share them in a public or commercial manner.
This permission terminates automatically if you breach these Terms.
K. Compliance with intellectual property laws.
When accessing our website or using our services, you agree to respect the intellectual property rights of Mindmark and others. You agree not to upload, download, display, perform, transmit, or otherwise distribute any content in violation of any third party’s copyrights, trademarks, or other proprietary rights. You are solely responsible for any violations of laws and any infringements of third-party rights caused by any content you provide or transmit through our website or services.
Mindmark may remove content that we believe violates intellectual property rights and may terminate or limit access for users who repeatedly infringe others’ rights.
L. Copyright infringement – DMCA notice and counter-notice.
(a) Notice.
If you believe that material on our website infringes your copyright, you may send us a written notice that includes the information required by 17 U.S.C. § 512(c)(3), including:
- Your physical or electronic signature;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you (such as your postal address, telephone number, and email address);
- 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; and
- A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Please send copyright notices to:
Copyright Agent
Mindmark IP Law
2108 N ST #13895
Sacramento, CA 95816
Email: info@mindmarkiplaw.com
(b) Counter-Notice.
If you believe that your content was removed or disabled by mistake or misidentification, you may send us a written counter-notice that complies with 17 U.S.C. § 512(g), including:
- Your physical or electronic signature;
- Identification of the content that has been removed or disabled and the location where it appeared before it was removed or disabled;
- A statement under penalty of perjury that you have a good-faith belief that the content was removed or disabled as a result of mistake or misidentification; and
- Your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the federal court in the judicial district where your address is located, and that you will accept service of process from the person who provided the original copyright notice.
We may, in our discretion and in accordance with the DMCA, restore the content if we receive a valid counter-notice and no legal action is filed by the complainant within the time provided by law.
M. No inappropriate or unlawful content.
You agree not to upload, download, display, perform, transmit, or otherwise distribute through our website or services any content that:
- Is defamatory, libelous, obscene, pornographic, abusive, harassing, or threatening;
- Promotes or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violates any law or regulation; or
- Contains viruses, malware, or other harmful code.
Mindmark reserves the right, but not the obligation, to remove such content and to cooperate fully with law enforcement authorities in investigating violations.
N. DISPUTE RESOLUTION; BINDING ARBITRATION
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND MINDMARK TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER, UNLESS YOU OPT OUT OF ARBITRATION AS DESCRIBED BELOW. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION PROVISION. IN ADDITION, ARBITRATION PRECLUDES YOU AND MINDMARK FROM SUING IN COURT OR HAVING A JURY TRIAL.
(a) No representative actions.
Any dispute or claim between you and Mindmark arising out of or relating to these Terms, our website, or our services (“Disputes”) must be brought on an individual basis only. You and Mindmark agree that Disputes will not be brought as a class arbitration, class action, or any other type of representative proceeding.
(b) Informal resolution.
Most concerns can be resolved quickly by contacting us at info@mindmarkiplaw.com or (279) 206-5075. Before either party initiates arbitration, the complaining party agrees to send a written notice (“Notice of Dispute”) describing the nature and basis of the Dispute and the relief sought to:
Mindmark IP Law
Attn: Notice of Dispute
2108 N ST #13895
Sacramento, CA 95816
We will send any Notice of Dispute to you at the email or mailing address associated with your account or inquiry. The parties will attempt in good faith to resolve the Dispute informally within thirty (30) days after a Notice of Dispute is sent.
(c) Agreement to arbitrate.
If the Dispute is not resolved informally within 30 days, either party may elect to resolve the Dispute exclusively through binding arbitration administered by the American Arbitration Association (“AAA”) under its applicable rules. Unless the parties agree otherwise, the arbitration will take place in Sacramento County, California, or, if you are an individual consumer and prefer, in the county where you reside.
The arbitrator, and not any court or agency, shall have the exclusive authority to resolve all Disputes subject to arbitration, including issues relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement.
(d) Costs of arbitration.
The payment of filing, administration, and arbitrator fees will be governed by the AAA’s rules. Each party will bear its own attorneys’ fees and costs unless the arbitrator awards otherwise under applicable law or these Terms.
(e) Opt-out of arbitration.
You may opt out of this agreement to arbitrate within thirty (30) days of the date you first become subject to this arbitration provision (for example, the first time you agree to these Terms) by sending a written notice stating your intention to opt out of arbitration to:
Arbitration Opt-Out
Mindmark IP Law
2108 N ST #13895
Sacramento, CA 95816
Your opt-out notice must include your full name, mailing address, and a clear statement that you wish to opt out of arbitration. Opting out of arbitration does not affect other parts of these Terms.
(f) Severability.
If any portion of this Section N is found unenforceable or unlawful, such portion will be severed, and the remainder will remain in full force and effect. If a claim must proceed on a class, collective, or representative basis, it must be brought in a court of competent jurisdiction, not in arbitration.
O. Governing law; venue.
These Terms and any Dispute between you and Mindmark (whether or not subject to arbitration) will be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. Except as otherwise provided above with respect to arbitration, you and Mindmark agree that any judicial proceeding will be brought exclusively in the state or federal courts located in Sacramento County, California, and you consent to personal jurisdiction and venue in those courts.
P. NO WARRANTY.
THE WEBSITE, MATERIALS, AND ANY PRODUCTS OR SERVICES PROVIDED BY MINDMARK ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, MINDMARK DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
MINDMARK DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. YOU ACCESS AND USE THE WEBSITE AND ANY MATERIALS OR SERVICES AT YOUR OWN RISK.
Q. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL MINDMARK OR ITS OWNERS, ATTORNEYS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE OR SERVICES; OR (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE.
TO THE EXTENT LIABILITY IS FOUND, MINDMARK’S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNT PAID BY YOU TO MINDMARK FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM, OR, IF NO SUCH PAYMENT WAS MADE, ONE HUNDRED U.S. DOLLARS (US $100).
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
R. Third-party websites.
Our website may contain links to websites owned or operated by third parties. Mindmark is not responsible for and makes no guarantees regarding the content, products, services, or practices of any third-party websites. Accessing third-party websites is at your own risk, and you should review the terms and privacy policies of those websites.
S. Fees, billing, and refunds.
Any fees, billing terms, and refund policies applicable to legal services or other paid services will be set forth in a separate written engagement agreement or fee agreement between you and Mindmark. In the event of any conflict between these Terms and an engagement agreement, the engagement agreement will control for matters related to that specific representation.
T. No resale.
You agree that you will not resell, redistribute, or otherwise exploit for commercial purposes any access to or use of the website, Materials, or services obtained from Mindmark, except as expressly permitted in writing.
U. Severability.
If any provision of these Terms is held by a court or arbitrator to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
V. Force Majeure.
Mindmark will not be liable for any failure or delay in performance resulting from any event or condition beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, Internet outages, or failures of third-party services.
W. Changes to these Terms.
We may update these Terms from time to time. When we do, we will revise the “Effective Date” below. Your continued use of the website or services after the posting of revised Terms means that you accept and agree to the changes.
Effective July 1, 2025