These Terms of Service (the "Terms") are a binding agreement between Luki's Companies LLC, doing business as MarkHarbor ("MarkHarbor," "we," "us"), and the customer accepting them ("you"). They govern access to and use of the MarkHarbor websites, applications, and software service (collectively, the "Service"). By creating an account, clicking to accept, or using the Service, you accept these Terms. If you accept on behalf of a law firm or other organization, you represent that you have authority to bind that organization, and "you" refers to it.
MarkHarbor is trademark docketing software. It retrieves USPTO Data, computes prosecution and maintenance deadlines from those records, and provides monitoring, alerting, and reporting tools. MarkHarbor is not affiliated with, sponsored by, or endorsed by the USPTO. USPTO systems, their availability, and the timing and accuracy of their records are outside our control, and Service data may lag official records.
MarkHarbor is software, not a law firm. Nothing in the Service is legal advice, and use of the Service does not create an attorney-client relationship with us. Deadlines, statuses, and other outputs are computed automatically and may be incomplete, delayed, or incorrect. You remain solely responsible for independently verifying and meeting every deadline in every matter you handle. The Service supplements, and does not replace, professional docketing practices.
If you are a legal professional, you are solely responsible for compliance with your own rules of professional conduct, including obligations of client confidentiality and supervision, in connection with your use of the Service. Enter only the client information reasonably necessary to use the docketing features.
New Firm Accounts receive a free trial (currently 7 days; length and availability may change for new signups). At the end of the trial, access to Service features is suspended until you subscribe. Your docket data is preserved during and after the trial as described in Section 15. Trials are for bona fide evaluation; we may decline successive trials for the same organization.
You agree not to, and not to permit anyone to:
Each party will protect the other's non-public information received in connection with the Service ("Confidential Information") with at least reasonable care, use it only as needed to perform under these Terms, and not disclose it to third parties except to employees, advisors, and subcontractors under confidentiality obligations, or as required by law (with notice where lawful). Customer Data is your Confidential Information. Confidential Information does not include information that is public through no fault of the recipient, already known without restriction, independently developed, or rightfully received from a third party.
The Service — including software, design, documentation, and the MarkHarbor name, logo, and marks — is owned by us or our licensors. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription for your internal business purposes. No other rights are granted. If you send us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction or obligation to you.
We will not use your firm's name or logo in customer lists or marketing without your prior written consent. You may identify yourself as a MarkHarbor customer.
We may offer features identified as beta, preview, or early access. They are provided as-is, may change or be withdrawn at any time, may be subject to additional terms, and are excluded from any service commitments.
We aim for high availability but the Service is provided without uptime guarantees. We perform maintenance (with notice for planned, material windows where practicable) and may modify features. We will not materially reduce the core functionality of your paid plan during a paid period without notice. Support is provided by email at [email protected].
We may suspend access immediately, with notice where practicable, if: (a) fees are overdue after notice; (b) your use presents a security risk to the Service or others; (c) your use materially violates Section 7; or (d) suspension is required by law. We will limit suspensions in scope and duration to what is reasonably necessary.
THE SERVICE AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT DATA WILL BE CURRENT OR COMPLETE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, GOODWILL, OR DATA; (B) WE WILL NOT BE LIABLE FOR PROFESSIONAL-LIABILITY OR MALPRACTICE CLAIMS ARISING FROM MISSED, MISCALCULATED, OR UNREPORTED DEADLINES; AND (C) EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE FIRST EVENT GIVING RISE TO LIABILITY. THESE LIMITS APPLY REGARDLESS OF THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THEY DO NOT LIMIT YOUR PAYMENT OBLIGATIONS, EITHER PARTY'S CONFIDENTIALITY BREACHES, OR LIABILITY THAT CANNOT BE LIMITED BY LAW.
You will defend and indemnify us against third-party claims arising from: (a) your Customer Data; (b) your or your users' use of the Service in violation of these Terms or law; or (c) claims by your clients relating to matters you handle. We will give you prompt notice of any such claim and reasonable cooperation at your expense. You control the defense, but may not settle a claim in a way that imposes obligations on us or admits liability on our behalf without our prior written consent.
You represent that you are not located in, or ordinarily resident in, any country or region subject to comprehensive U.S. sanctions, and are not on any U.S. government restricted-party list. You will comply with applicable export control and sanctions laws in using the Service.
These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws rules. Before filing any claim, the parties will attempt in good faith to resolve the dispute by written notice and negotiation for 30 days. Except for claims seeking injunctive relief or claims eligible for small-claims court, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York. Each party waives any right to a jury trial. Any claim must be brought within one (1) year after the claim accrued, to the extent such limitation is permitted by law.
Neither party is liable for delay or failure caused by events beyond its reasonable control — including acts of government (including USPTO system outages or data changes), internet or utility failures, cyberattacks despite reasonable safeguards, natural disasters, war, or labor disputes — provided the affected party uses reasonable efforts to mitigate. This section does not excuse payment obligations.
We may update these Terms. For material changes we will give at least 30 days' notice through the Service or by email; continued use after the effective date constitutes acceptance. If you do not agree, cancel before the change takes effect.
Luki's Companies LLC, d/b/a MarkHarbor — [email protected]