Last Updated: 08/08/2025
By using the TMChecker.com website (the “Website”), you agree to these terms and conditions as an agreement by and between you and TMChecker Inc. (referred to as “we,” “us,” or “our”). This Agreement also incorporates our Privacy Policy as if set forth at length herein. If you do not wish to agree to these terms, please refrain from using the Website.
We provide general information related to trademarks and offer a website that allows you to order trademark searches and automated clearance reports. We are not a law firm, and we do not provide legal advice. Any decisions you make based on our reports are solely your responsibility, and we recommend consulting a licensed attorney for legal matters.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND A WAIVER OF CLASS ACTIONS.
Your permission to use the Website is conditioned upon your agreement that you:
- Will comply with these Terms of Service;
- Are 18 years of age or older;
- Will not use the Website in violation of U.S. laws, including export and re-export laws;
- Will not copy, distribute, or otherwise exploit Website content without our prior written consent;
- Will provide accurate information when creating an account or placing orders;
- Will not allow others to use the Website under your User ID;
- Are solely responsible for all activity under your User ID;
- Will not use the Website to solicit users or harvest personal data;
- Are solely responsible for any content you provide;
- Grant us a non-exclusive license to display, reproduce, and distribute content you post on the Website (if any);
- Agree that we may remove your content or terminate your account without prior notice if you violate these terms.
To access certain parts of the Website, we may require you to create an account. You agree to keep your account information accurate and updated. If you believe your account has been compromised, you must notify us immediately at support@tmchecker.com.
You agree not to post or submit content that:
- Infringes intellectual property rights of others;
- Violates privacy or publicity rights;
- Is unlawful, defamatory, obscene, abusive, or otherwise inappropriate;
- Could damage TMChecker’s reputation.
We are not obligated to monitor or remove content but may do so at our discretion.
You agree not to:
- Conduct illegal activities;
- Attempt to reverse engineer our Website;
- Gain unauthorized access to secure areas;
- Use the Website to send spam;
- Use bots or scraping tools to collect data;
- Interfere with Website functionality;
- Impersonate others.
We may provide links to third-party websites. We are not responsible for their content, policies, or practices.
We may suspend or terminate your account or access to the Website at any time for any reason. Termination does not affect the survival of provisions related to warranties, liabilities, indemnities, and dispute resolution.
Our automated clearance reports and trademark searches use commercially reasonable methods to identify potential conflicts. However:
- We cannot guarantee that your trademark will be accepted for registration, even if no conflicts are found;
- Automated searches may miss certain conflicts, including unregistered “common law” marks;
- Our reports are not legal advice;
- You should consult a qualified attorney before filing any application.
If you subscribe to ongoing monitoring or search update services:
- Your subscription will automatically renew unless canceled before the renewal date;
- You authorize us to charge your payment method for each renewal term;
- You can cancel anytime by contacting support@tmchecker.com;
- Fees already paid are non-refundable unless otherwise stated.
From time to time, we may introduce new features or services. These will be subject to these Terms of Service unless stated otherwise.
The Website and services are provided “as is” and “as available.” We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
We do not guarantee uninterrupted or error-free service.
To the maximum extent permitted by law, we are not liable for any indirect, incidental, consequential, or special damages arising from your use of the Website. If liability is found, our total liability will not exceed the amount you paid us in the past 12 months.
You agree to indemnify and hold harmless TMChecker, its officers, employees, and affiliates from any claims, damages, or expenses arising from:
- Your violation of these Terms;
- Your infringement of third-party rights;
- Your misuse of our services.
Any dispute arising out of or relating to these Terms or our services shall be resolved by binding arbitration under the rules of the American Arbitration Association.
You waive the right to participate in any class action or representative proceeding. You may opt out of arbitration within 30 days of accepting these Terms by emailing legal@tmchecker.com with your name, address, and statement that you wish to opt out.
You agree to comply with all applicable export control laws and regulations.
All intellectual property on the Website is owned by TMChecker or its licensors. You may not use our trademarks, content, or proprietary materials without prior written permission.
If you believe your copyrighted work has been infringed, send a DMCA-compliant notice to support@tmchecker.com.
- These Terms and our Privacy Policy constitute the entire agreement between you and TMChecker;
- If any provision is found unenforceable, the remaining terms remain in effect;
- We may modify these Terms at any time by posting updates on our Website;
- Continued use of the Website after changes means you accept the updated Terms.
We aim for 100% customer satisfaction. If you are unsatisfied with our service, contact us within 30 days of purchase at support@tmchecker.com. Refunds apply only to TMChecker’s service fees; third-party or government filing fees are non-refundable.
For questions about these Terms, email support@tmchecker.com.
TMChecker provides information and software only. TMChecker is not a referral service and does not provide legal advice or participate in any legal representation. Use of TMChecker is subject to our Privacy Policy and Terms of Service.