Terms & Conditions

Effective Date: January 1, 2025

1. Agreement to Terms
By accessing, using, or engaging with Tobu Consulting Services, LLC (“Tobu,” “we,” “us,” or “our”), you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use (“Terms”) and our Privacy Policy. If you do not agree, you must not use our services.

2. Not a Law Firm; No Legal Advice
Tobu is not a law firm, does not provide legal advice, and no attorney-client relationship is formed by using our services. Licensed independent U.S. attorneys exclusively perform legal services related to filings, and communications with Tobu are not privileged.

3. Scope of Services
Tobu provides administrative and consulting services to assist clients in the preparation and filing of trademark applications through licensed attorneys. Tobu does not and cannot guarantee that any application will be approved, registered, or maintained by the USPTO.

4. Payments and Non-Refundable Policy
All payments for services are due in full before services are rendered unless otherwise stated in writing. All payments made to Tobu are final and non-refundable under any circumstance, including but not limited to application denial, opposition, abandonment, or refusal by the USPTO, or your failure to respond to deadlines or requests for information.

5. User Responsibilities
You agree to provide complete, truthful, and current information and documentation requested by Tobu and to comply with all applicable laws in connection with your use of Tobu’s services. You acknowledge that you are solely responsible for decisions regarding your intellectual property strategy.

6. Intellectual Property Rights
All materials, content, documents, processes, logos, and intellectual property provided by or on behalf of Tobu remain the sole property of Tobu or its licensors. You are prohibited from copying, distributing, modifying, or using Tobu’s intellectual property without express prior written consent.

7. Disclaimers
Tobu’s services are provided “as is” and “as available” without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Tobu does not warrant that services will meet your requirements or that services will be uninterrupted or error-free.

8. Limitation of Liability
To the fullest extent permitted by law, Tobu, its owners, managers, employees, contractors, and agents shall not be liable for any indirect, incidental, consequential, punitive, or exemplary damages, including but not limited to lost profits, business interruption, or loss of data, arising out of or in connection with your use of or inability to use Tobu’s services, even if advised of the possibility of such damages.

9. Indemnification
You agree to indemnify, defend, and hold harmless Tobu, its owners, managers, officers, employees, contractors, and agents from and against all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of Tobu’s services, your breach of these Terms, or your violation of applicable laws or regulations.

10. Termination and Suspension
Tobu reserves the right to terminate or suspend your access to its services immediately, without prior notice, at its sole discretion, for any violation of these Terms, misuse of services, or suspected fraudulent or unlawful activity.

11. Governing Law and Jurisdiction
These Terms shall be governed by and construed under the laws of the State of Florida without regard to conflicts of law principles. Any dispute arising from or relating to these Terms or your use of Tobu’s services shall be subject to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida, and you consent to the personal jurisdiction of such courts.

12. Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable, and the remaining provisions will remain in full force and effect.

13. Entire Agreement
These Terms, along with the Privacy Policy, constitute the entire agreement between you and Tobu regarding your use of the services and supersede any prior agreements or understandings, whether written or oral.

14. Changes to Terms
Tobu reserves the right to modify these Terms at any time. Changes will be effective upon posting on Tobu’s website with the updated effective date. Continued use of Tobu’s services after such changes constitutes your acceptance of the revised Terms.

15. Contact Information
For any questions regarding these Terms, please contact:
Tobu Consulting Services, LLC