Effective Date: December 12, 2020
Thank you for selecting New Millennia Legal Resources (“New Millennia” or “us” or “we” or “the firm” or “our firm”) to support your trademarking needs. These terms and conditions (“Agreement”) serve to outline the nature of our respective responsibilities and expectations under this Agreement.
Purchasing any of our trademark services via our website or invoice is your express and unconditional agreement to these terms. If you do not wish to be bound to these terms, DO NOT PURCHASE FROM US.
PLEASE READ THIS AGREEMENT CAREFULLY AS THEY CONTAIN CLAUSES PERTAINING TO ARBITRATION AND OTHER TERMS THAT MAY RESTRICT YOUR RIGHTS!
These terms may be unilaterally amended by us from time to time without further notice to you.
The outcome of any trademarking matter or project is subject to inherent risks and other factors beyond our control. Therefore, we have not made, and cannot make, any guarantees or promises concerning the outcome of your project
If we choose to accept your order, we will agreed to perform the trademarking services you specified in your order and for the amount that was listed in the invoice and/or product description page.
Generally, our fees for services are based upon the value provided for our services, in addition to the applicable rates for the attorneys and legal assistants who work on any given project. Should you wish to add other services to this project that exceed the scope as defined in the product description purchased or duly executed agreement, you will be responsible for additional payments.
We may also, in our sole discretion, retain contract attorneys and other professionals, who are supervised by our attorneys but not employed by our firm, who may reside inside or outside of the U.S., to perform services related to your project.
Our full-service trademarking services with application submission includes the following a comprehensive trademark search in the U.S, specimen gathering, and your USPTO registration application submittal. Our single flat rate includes one trademark in one USPTO class unless otherwise noted in your invoice or in this Agreement.
Our flat trademarking rates do not include action responses requested from the USPTO. Those services, if required, will be billed at the hourly rate specified above, unless a flat rate has been specified.
Once the payment for our trademarking services has been received, we will likely send you correspondence requesting information from you via questionnaire or other means. If applicable, comprehensive search results and reports will be ready to view within 15 business days of receiving a completed questionnaire and all relevant information.
In most cases, completed trademark applications are submitted to the USPTO website within 10 business days of receiving all necessary information.
Please note that although we will do our best, we cannot guarantee the registration of your trademark or any other results.
No refunds can be provided once services have been rendered. If you decide not to proceed with the USPTO registration application for your trademark after purchasing our non-discounted full-service package and a comprehensive search has been conducted, we will issue you a credit equal to 20% of the amount paid per trademark that can go toward future services with our firm. No credits or refunds will be issued for trademarking services that were purchased with a discount.
We do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies, collection agencies, or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. Notwithstanding anything in this Agreement to the contrary, we reserve the right to use and disclose your personal and sensitive information to third parties and databases to the extent reasonably necessary to enforce our rights under this Agreement. The information disclosed may include, but is not limited to, your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
By purchasing our services you warrant that you are purchasing as an end-user for internal, non-competitive use. Purchases exceeding this scope may NOT be made via our website or by any other means except as follows: requests for purchases that are for regulatory, competitive, non end-user, or external use must be made by sending an email to firstname.lastname@example.org with the subject heading “SPECIAL PURCHASE REQUEST.”
Any deliverables or services submitted to you under this Agreement are for your internal use only, and remain the intellectual property of New Millennia Legal Resources. You are hereby granted a restricted revocable license to use this content internally as long as your use is in strict adherence with this Agreement. Under no circumstances may you duplicate, redistribute, sell, or create derivative works from any document, contract, draft, communication, or information provided to you under this agreement without the express written permission of New Millennia Legal Resources. We reserve all of our creative, trademark, and copyrights, including, but not limited to our right to reuse any content we create.
Notwithstanding anything contained in this section to the contrary, any content or information provided by and/or owned by you shall remain your property.
Record Keeping and Communications
While we are performing trademarking services to you, we will maintain all documents relevant to your project. At the conclusion of your project, we will retain your documents in the client portal of our choosing for a period of five (5) years where you can freely access them. At the end of five (5) years, your access may terminate and your files may be either archived or destroyed, whichever we determine in our sole discretion, and in accordance with our record retention program.
It is important for us to maintain open communication with each other throughout the engagement. We will regularly keep you informed of the status of the matter and will promptly notify you of any major case developments. We will consult with you whenever appropriate.
By purchasing our services you agree to communicate with and provide us with complete and accurate information as needed to timely and effectively complete your project. Further, you will timely notify us of any changes in the structure of your organization, changes to the personal information or residence of any individuals related to this matter, or any extended periods of time when you will be unavailable.
Unless you specifically direct us otherwise, we may use cell phones, Messenger, third-party communication platforms, and email in the course of this engagement.
Because of New Millennia’s size, geographical reach, and broad legal practice, it is possible that our attorneys may now or in the future represent parties in matters in which their interests are adverse to your interests or those of your affiliates. You hereby agree that we may continue to represent or may in the future represent new or existing clients in any matter that is not substantially related to our work for you, even if the interests of such clients in those matters may be adverse to you (directly or indirectly). If New Millennia undertakes a conflicting representation, although there is a risk that we may not be able to exercise professional judgment fully in your interest, we believe that such risk is minimal and that we will be able to continue to represent you competently and diligently. In the event that an actual conflict arises, we may need to withdraw from the project, which may result in increased expenses and delay. By purchasing our services, you confirm that you have had an opportunity to consult with independent counsel regarding the terms of this waiver.
You will assist and cooperate fully with us with respect to your project. Specifically, you warrant that a competent representative of your company shall be available to discuss issues as they arise, comment on and approve draft documents we prepare, and attend and participate in meetings, preparation sessions, and other activities.
You also agree to be truthful and to fully and accurately disclose to us all facts that may be relevant to the matter or that we otherwise may request. You will timely provide any new information that you receive about your project so that we can support you effectively.
CHOICE OF LAW, CHOICE OF FORUM, AND ARBITRATION
This Agreement shall be governed and construed in accordance with the laws of the State of Texas. Unless remedies have been explicitly provided for otherwise in this agreement as the exclusive means of resolving through adversarial dispute resolution any disputes arising out of this agreement, either Party may demand that any such dispute be resolved by arbitration before one (1) arbitrator, administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Each Party hereby expressly consents to any such disputes being so resolved, and that all proceedings be exclusively conducted electronically, when available, or in person in any suitable facility located in the Tarrant County, Texas area. Judgment on the award rendered in any such arbitration shall be binding and entered in any court having jurisdiction. In the event that neither party demands arbitration, the Parties agree that Tarrant County, Texas will be the sole agreed venue for litigation necessary to enforce the agreements set forth herein, and you consent to personal jurisdiction in such courts as well as service of process by notice sent by regular mail to the address set forth above and/or by any means authorized by Texas law.