SharkMark Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

By using the SharkMark, LLC (“SharkMark”) website (the "Site") or any SharkMark applications or application plug-ins ("Applications"), you agree to be bound by these Terms of Use (the "Terms") and to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms, "you" and "your" refer to each individual customer, Site visitor, or Application user, and "we," "us," and "our" refer to SharkMark, LLC. "Services" means all services provided by SharkMark, LLC as described herein.

It is your responsibility to review these Terms periodically. If you do not agree to these Terms, please do not use this Site or any Applications. We reserve the right to revise these Terms at any time without notice. Your continued use of the Site or Applications following any changes constitutes acceptance of the revised Terms. If you have any questions, please contact our Customer Care Center.

YOU REPRESENT THAT BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES, YOU ARE AT LEAST 18 YEARS OF AGE AND ARE LEGALLY CAPABLE OF ENTERING INTO A BINDING CONTRACT.

These Terms include provisions regarding binding arbitration, limitations on liability, and other legal protections that affect your rights. Please review these terms carefully.

1. Privacy Policy

SharkMark respects your privacy and provides you with controls regarding your personal information. Our current Privacy Policy, which is incorporated herein by reference, explains how we collect, use, and protect your data. By using the Site, you consent to our collection and use of your information as described in the Privacy Policy.

When you create an account or otherwise provide information to SharkMark, you agree to supply accurate, complete, and current information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Please notify us immediately of any unauthorized use of your account.

2. Ownership of Content and Materials

This Site and its Applications are owned and operated by SharkMark, LLC. All materials on the Site—including but not limited to text, images, logos, graphics, audio, and video (the "Materials")—are the property of SharkMark or its licensors. No part of the Materials may be reproduced, distributed, modified, or republished without SharkMark’s prior written consent. All rights not expressly granted are reserved by SharkMark.

3. Limited Permission to Download

SharkMark grants you a limited, non-exclusive, non-transferable license to download, view, and print the Materials on a single device for your personal, non-commercial use only. Any unauthorized use or reproduction of the Materials is strictly prohibited and may violate copyright and other applicable laws. This license automatically terminates if you breach any of these Terms, and you must immediately delete any downloaded materials upon termination.

4. Links to Third-Party Sites

The Site and Applications may include links to websites operated by third parties ("Third-Party Sites"). SharkMark is not responsible for the content, accuracy, or practices of these Third-Party Sites. The inclusion of any link does not imply endorsement by SharkMark. You access Third-Party Sites at your own risk and should review their terms and privacy policies.

5. Use of SharkMark Legal Forms and Services

On our Site and through our Applications, we offer self-help legal forms and document preparation services. Your use of these forms is governed by these Terms. You acknowledge that your purchase, download, or use of any legal form is not legal advice and does not create an attorney-client relationship. SharkMark is not a law firm and does not provide legal advice. For personalized legal advice, consult a licensed attorney.

License to Use Forms.
You are granted a limited, personal, non-exclusive license to use our forms solely for your internal, personal, or business purposes, or for your client if you are a licensed professional. You agree not to modify, copy, or redistribute these forms beyond the allowed use.

Resale Prohibited.
Forms obtained from SharkMark may not be resold or redistributed without SharkMark’s express written consent.

5.1 Trademark Filing Requirements

For any trademark filing services offered by SharkMark, if you are a foreign person or entity (i.e., not a resident or incorporated in the United States), you must designate and work through a U.S. licensed representative (such as an attorney or an authorized agent) who is qualified to file trademark applications on your behalf in the United States. By using our trademark filing services, you represent and warrant that this requirement is met. SharkMark assumes no responsibility for trademark filings submitted by foreign persons or entities without a designated U.S. licensed representative, and any filings made under such circumstances are solely at your risk.

6. Dispute Resolution; Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS A MANDATORY ARBITRATION AGREEMENT AND A WAIVER OF YOUR RIGHT TO A JURY TRIAL OR CLASS ACTION.

(a) No Representative Actions.
All disputes between you and SharkMark will be resolved on an individual basis. Class, representative, or collective claims are not permitted.

(b) Arbitration of Disputes.
Most disputes can be resolved informally by contacting our Customer Care Center at 844-873-6275. If a dispute cannot be resolved informally, you and SharkMark agree to resolve the dispute through binding arbitration administered by the American Arbitration Association ("AAA") under its then-current rules. Arbitration will be conducted in Travis County, Texas; however, if you are a Consumer (using the Services for personal, family, or household purposes), you may choose to arbitrate in your county of residence.

(c) Arbitration Procedures.
If you wish to initiate arbitration, you must first send a written notice ("Claimant Notice") by U.S. certified mail to:

Notice of Dispute, General Counsel
SharkMark, LLC
1905 S. New Market Street, Ste. 169
Carmel, IN 46032

Include your name, address, email, telephone number, a description of the dispute, and the relief you seek. SharkMark will then send you a corresponding notice. The parties agree to attempt to resolve the dispute informally for 30 days before commencing arbitration.

(d) Individualized Arbitration Proceedings.
Arbitration will be conducted on an individual basis. No claims may be arbitrated on a class or consolidated basis. The arbitrator will have the authority to award any relief available in court under the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

(e) Confidentiality.
All aspects of the arbitration, including any documents submitted, are confidential and shall not be disclosed except as required by law or to enforce an arbitration award.

(f) Payment of Arbitration Fees.
The costs of arbitration will be governed by the AAA fee schedules. If you are a Consumer and initiate arbitration, you agree to pay the applicable filing fee, and SharkMark will cover the remaining costs. For non-Consumers, fee-sharing provisions apply as described in these Terms.

(g) Opt-Out of Arbitration.
If you wish to opt out of the binding arbitration agreement, you must send a written Notice of Opt Out via U.S. certified mail to:

Notice of Opt Out, General Counsel
SharkMark, LLC
1905 S. New Market Street, Ste. 169
Carmel, IN 46032

within 30 days of accepting these Terms. Your notice must include your full name and address and state your intent to opt out of arbitration.

(h) Additional Provisions.
If any portion of this arbitration section is found unenforceable, the remainder shall continue in full force and effect. Any claim not subject to arbitration will be litigated in the appropriate state or federal court in Travis County, Texas.

7. Additional Terms

Certain SharkMark Services may be subject to additional guidelines, rules, or terms ("Additional Terms"). In the event of any conflict between these Terms and any Additional Terms, the Additional Terms shall control only for that particular service unless explicitly stated otherwise.

8. User Content and Communications

At various locations on the Site and in Applications, you may post ratings, reviews, comments, and other content ("User Content"). You are solely responsible for your User Content, and by posting it you grant SharkMark a perpetual, irrevocable, royalty-free, and transferable license to use, modify, distribute, and display the content.

SharkMark is not responsible for any User Content posted by users or third parties. We reserve the right to edit, remove, or re-categorize User Content at our sole discretion.

9. No Warranty; Disclaimers

THE SITE, APPLICATIONS, AND ALL MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. SHARKMARK DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

SHARKMARK DOES NOT WARRANT THAT THE SITE OR APPLICATIONS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. USE OF THE SITE IS AT YOUR OWN RISK. SharkMark's Guarantee, if offered, is subject to separate terms.

Additional Protection for Future Developments:
SharkMark expressly disclaims any liability for changes in law, regulations, or government policy that may occur after the date of these Terms (including but not limited to any developments after 2023). You agree that SharkMark shall have no responsibility to update the information, forms, or materials on the Site in light of future legal developments.

10. Limitation of Liability and Indemnification

Except as prohibited by law, you agree to hold harmless SharkMark, LLC, its officers, directors, employees, and agents from any indirect, incidental, special, punitive, or consequential damages, including legal fees and related expenses, arising out of or in connection with your use of the Site or Services.

In any event, if liability is found, SharkMark's total liability shall not exceed the amount paid by you (if any) for the use of the Services.

You further agree to indemnify and defend SharkMark against any claims, damages, or expenses arising from your breach of these Terms or your misuse of the Site.

Future-Proofing Provision:
Notwithstanding any other provision, SharkMark’s liability shall not be affected by any future changes in law, regulation, or industry practice that impose new or additional liabilities on SharkMark after the effective date of these Terms.

11. Unsolicited Submissions

Any comments, feedback, or materials you submit to SharkMark through the Site are considered non-confidential and become the property of SharkMark. By submitting such content, you grant SharkMark all rights to use, modify, and distribute it without any obligation to you.

12. Intellectual Property and Copyright Infringement

When using the Site or Services, you agree to respect the intellectual property rights of others. You are solely responsible for ensuring that any content you upload does not infringe on any third-party rights.

Copyright Infringement Notice:
If you believe that any material on the Site infringes your copyright, you must provide a written notice to our Copyright Agent with the following information:

Your physical or electronic signature;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material to be removed;
Your contact information; and
A statement of your good faith belief that the use of the material is unauthorized.

Notices should be sent to:

General Counsel
c/o SharkMark, LLC
1905 S. New Market Street, Ste. 169
Carmel, IN 46032

If you believe material was wrongly removed, you may submit a counter-notice. Any litigation regarding counter-notice claims shall be subject to the jurisdiction specified in Section 19.

13. Inappropriate Content

You agree not to post content that is false, misleading, defamatory, obscene, or otherwise unlawful. SharkMark reserves the right to remove any User Content that it deems objectionable without notice.

14. Compliance with Export Restrictions

You agree not to export or re-export any content or materials from the Site in violation of United States export laws or any applicable regulations.

15. Personal Use

The Site is provided for your personal use only. You may not use the Site or its contents for any commercial purpose without SharkMark’s express written consent.

16. Children

The Site and Applications are not intended for use by minors. Please do not submit any personal information if you are under 18.

17. Non-English-Speaking Customers

The Site and all materials are provided in English. Translations are provided for convenience only. In the event of any discrepancies, the English version shall prevail.

18. Customers Needing Extra Assistance

SharkMark is committed to accessibility. If you have difficulty accessing any part of the Site, please call our Customer Care Center at 844-873-6275 for assistance.

19. Governing Law; Venue

Any dispute arising from these Terms or your use of the Services or the Site shall be governed by and construed in accordance with the laws of Texas, without regard to any conflict of law principles. Any dispute that is not subject to arbitration shall be resolved in the state or federal courts located in Travis County, Texas (Austin, Texas). You consent to the exclusive jurisdiction and venue of such courts.

20. Future-Proofing and Entire Agreement

(a) Future-Proofing.
SharkMark reserves the right to modify, supplement, or update these Terms as needed to reflect changes in law, regulations, or business practices that may develop in the future, including after 2023. Continued use of the Site following such modifications constitutes your acceptance of the revised Terms.

(b) Entire Agreement.
These Terms, together with our Privacy Policy and any Additional Terms, constitute the entire agreement between you and SharkMark regarding your use of the Site and Services, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written.

(c) Severability.
If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

(d) Force Majeure.
SharkMark shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including natural disasters, government actions, or changes in applicable law.

21. Trademarks and Branding

All trademarks, service marks, and logos displayed on the Site are the property of SharkMark, LLC or their respective owners. Nothing in these Terms grants you any right to use any trademark or service mark without the prior written consent of the owner.

22. Attorney Access Services and Use of the Term "Experience"

When referring to third-party attorneys in connection with SharkMark’s legal plans or related services, "experience" means that the attorney meets certain industry standards, including a minimum of five years of practice, appropriate insurance coverage, good standing with the applicable state bar, and no recent public disciplinary actions. This description is not a guarantee or endorsement of any attorney's qualifications.

23. Use of Testimonials and Media Endorsements

Any testimonials, reviews, or media endorsements featured on the Site are provided for informational purposes only and do not constitute an endorsement by SharkMark of any particular attorney, service, or product.

24. Inquiries and Contact

By providing your telephone number or other contact information through the Site or Applications, you consent to being contacted by SharkMark regarding your inquiry, even if your number is listed on any state or federal do-not-call registry.

25. Right to Refuse Service

SharkMark reserves the right to refuse service or cancel user access at its sole discretion, for any reason or no reason at all.

26. Acknowledgement

BY USING THE SHARKMARK SITE, APPLICATIONS, OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
SharkMark, LLC is located at:
1905 S. New Market Street, Ste. 169
Carmel, IN 46032

Updated: March 26, 2025