Nebby Trademarks, LLC – Website Terms of Service

Last updated: May 10, 2025

1. Introduction; Acceptance of Terms

Nebby Trademarks, LLC (“Nebby,” “we,” “our,” or “us”) owns and operates the website located at tmneb.com and any sub-domains (collectively, the “Site”) that provide access to trademark-search-related content, software, applications, and other online services (together with the Site, the “Services”).

By accessing or using the Services you agree to be legally bound by these Terms, our Privacy Policy and our Software License Agreement (where applicable). If you do not agree, do not access or use the Services.

2. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) and able to form a binding contract to use the Services. The Site is not directed to children under 16 and we do not knowingly collect data from anyone under that age.

3. Account Registration & Security

  1. You may be required to create an account to access certain features. You agree to:

    • Provide accurate, current, and complete information.

    • Keep your credentials confidential and promptly notify us of any unauthorized use.

  2. You are solely responsible for all activities that occur under your credentials.

4. License & Permitted Use

Subject to your ongoing compliance with these Terms, Nebby grants you a non-exclusive, revocable, limited license to access and use the Site and Services solely for lawful, internal business or personal purposes. All rights not expressly granted are reserved by Nebby. Your use of any downloadable software component is governed by our separate Software License Agreement.

5. Prohibited Conduct

You agree not to, directly or indirectly:

  • Copy, scrape, modify, reverse engineer, or create derivative works of the Services.

  • Circumvent security features, abuse free-trial or credit systems, or resell access.

  • Upload or transmit viruses, malicious code, or any unlawful, harassing, defamatory, obscene, or infringing content.

  • Use the Services for competitive analysis or to build a competing product.

  • Interfere with the proper working of the Site or any user’s enjoyment of the Services.

Violations may result in suspension or termination of your account without notice.

6. User Content

If you submit or post any text, files, or other materials (“User Content”):

  • You grant Nebby a world-wide, royalty-free, perpetual license to host, store, reproduce, and display your User Content for the purpose of operating the Services.

  • You represent that you own or have the rights necessary to grant this license and that the User Content does not violate any law or third-party right.

  • Nebby may remove User Content at any time in its sole discretion.

7. Payment & Credits

Certain features (e.g., running trademark searches) require the purchase of usage credits or other fees as outlined at checkout or in an applicable Order Form. All purchases are final, non-refundable, and non-transferable, except as required by law. Payments are processed by our third-party payment processor (currently Stripe) and are subject to its terms.

8. Intellectual Property

The Site, Services, trademarks, logos, and all associated content, software, and documentation are the exclusive property of Nebby or its licensors and are protected by intellectual-property laws. No ownership rights are transferred to you.

9. Third-Party Links & Open-Source Components

The Services may contain links to third-party websites or incorporate open-source or third-party code. Nebby is not responsible for any third-party content or compliance with third-party licenses, and your use is at your own risk.

10. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE. NEBBY DOES NOT GUARANTEE THAT THE SERVICES WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEBBY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOSS OF DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICES. IN NO EVENT WILL NEBBY’S AGGREGATE LIABILITY EXCEED THE LESSER OF US $1,000 OR THE AMOUNT YOU PAID NEBBY FOR THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to defend, indemnify, and hold harmless Nebby, its affiliates, and their respective officers, directors, employees, and agents from and against any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms or any law; or (c) your User Content.

13. Termination

Nebby may suspend or terminate your access to the Services at any time, for any reason or no reason, including for breach of these Terms. Upon termination, your right to use the Services immediately ceases, and Sections 8–15 will survive.

14. Changes to the Services or Terms

We may modify the Services or update these Terms at any time. If the changes are material, we will provide at least 30 days’ notice (e.g., by posting on the Site or via email). Your continued use of the Services after the changes become effective constitutes acceptance.

15. Governing Law & Dispute Resolution

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-law rules. All disputes shall be resolved exclusively in the state or federal courts located in Washington County, Pennsylvania, and you waive any objection to personal jurisdiction and venue in those courts.

16. Miscellaneous

  • Entire Agreement. These Terms, together with the Privacy Policy and Software License Agreement, constitute the entire agreement between you and Nebby concerning the Services.

  • Severability. If any provision is found unenforceable, it will be modified to reflect the parties’ intent, or removed, and the remaining provisions will remain in full force.

  • No Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

  • Assignment. You may not assign any rights or obligations under these Terms without our consent; Nebby may freely assign them.

  • Contact. Questions? Contact us at:

    • Nebby Trademarks, LLC

    • 7208 Red Top Road

    • Hummelstown, PA 17036  USA

    • info@tmneb.com

By using the Site and Services, you acknowledge that you have read, understood, and agree to these Terms of Service.