TRADEMARK YOUR LEGACY
Terms and conditions
BY CHECKING THE BOX AND CLICKING THE “SUBMIT PAYMENT” BUTTON, YOU (HEREINAFTER “CLIENT”) AGREE AND UNDERSTAND YOU ARE PURCHASING LEGAL SERVICES PROVIDED BY THE LAW OFFICES OF ASIA MARIE WOODS (HEREINAFTER “WE” “US” “LAW FIRM”) LOCATED AT 3502 SCOTTS LANE, SUITE 121A, PHILADELPHIA, PA 19129. CLIENT AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OUTLINED HEREIN, AS WELL AS THE GENERAL POLICIES AND PROCEDURES THAT CAN BE FOUND IN THIS AGREEMENT AND ON THE LAW FIRM’S WEBSITE (THELAWYERNEXTDOOR.COM). CLIENT ALSO AGREES HE/SHE IS VOLUNTARILY ENTERING INTO THIS LEGALLY BINDING AGREEMENT WITH LAW FIRM, INCLUSIVE OF THE FOLLOWING TERMS AND CONDITIONS MUTUALLY AGREED UPON.
1. THE PARTIES / EFFECTIVE DATE. THIS TERMS AND CONDITIONS AGREEMENT (“AGREEMENT”) IS MADE BETWEEN THE LAW OFFICES OF ASIA MARIE WOODS (“LAW FIRM”), AND YOU (“CLIENT”), EFFECTIVE AS OF THE LATER OF (A) CLIENT CHECKING THE BOX AND CLICKING THE “SUBMIT PAYMENT” BUTTON; AND (B) CLIENT’S ADVANCE PAYMENT IN FULL FOR THE LEGAL SERVICES, ALL SUBJECT TO THE LAW FIRM CONFLICT CHECK AND APPROVAL. IN THE EVENT OF ANY CONFLICT, THE LAW FIRM WILL NOTIFY CLIENT OF SUCH CONFLICT VIA CLIENT’S CONTACT E-MAIL AND RETURN ANY UNUSED PAYMENT TO CLIENT.
2. LIMITED SCOPE OF LEGAL SERVICES. THE FIXED FEE FOR A COMPREHENSIVE TRADEMARK SEARCH SHALL BE LIMITED TO CONDUCTING AND REVIEWING THE RECORDS OF THE FEDERAL, STATE, COMMON LAW, AND MARKIFY TRADEMARK SEARCHES, AND DRAFTING OF AN AVAILABILITY OPINION LETTER BASED ON THE SEARCH RESULTS. THE FIXED FEE FOR DRAFTING AND FILING THE TRADEMARK APPLICATION SHALL BE LIMITED TO THE PREPARATION AND FILING OF CLIENT’S TRADEMARK APPLICATION, POST FILING MONITORING OF CLIENT’S TRADEMARK APPLICATION, AND RESPONDING TO ANY INFORMAL USPTO OFFICE ACTIONS WHICH REQUIRE NO MORE THAN THIRTY (30) MINUTES TO RESPOND AND FORWARDING THE CERTIFICATE OF REGISTRATION TO THE CLIENT (ALL COLLECTIVELY, “LEGAL SERVICES”).
ANY ADDITIONAL SERVICES, INCLUDING, BUT NOT LIMITED TO THE FOLLOWING: DRAFTING AND FILING THE TRADEMARK APPLICATION WILL BE PROVIDED BY THE LAW FIRM AFTER DISCUSSION WITH THE CLIENT AT AN AGREED TO FIXED FEE PAID IN ADVANCE OR PURSUANT TO A SEPARATE ENGAGEMENT AGREEMENT BETWEEN THE LAW FIRM AND THE CLIENT.
3. FEES. THE FIXED FEE FOR THE COMPREHENSIVE TRADEMARK SEARCH DESCRIBED ABOVE IS CURRENTLY $750.00, THE FIXED FEE FOR DRAFTING AND FILING THE TRADEMARK APPLICATION DESCRIBED ABOVE IS CURRENTLY $647.00 (EACH ARE REFERRED TO AS THE “FIXED FEE”). THE , THE FIXED FEE FOR DRAFTING AND FILING THE TRADEMARK APPLICATION IS INCLUSIVE OF THE U.S. PATENT & TRADEMARK OFFICE (“USPTO”) GOVERNMENT FILING FEE FOR ONE (1) INTERNATIONAL CLASS OF GOODS OR SERVICES, WHICH IS CURRENTLY SET AT $275.00 PER INTERNATIONAL CLASS OF GOODS AND SERVICES PER TRADEMARK APPLICATION FILED. CLIENT AGREES THAT THE FIXED FEE SHALL BE DEPOSITED INTO THE LAW FIRM’S TRUST ACCOUNT. THE LEGAL SERVICES ARE COMPLETED AND THE FIXED FEE IS EARNED FOR THE COMPREHENSIVE TRADEMARK SEARCH WHEN THE LAW FIRM PROVIDES THE TRADEMARK SEARCH AVAILABILITY REPORT AND ATTORNEY OPINION LETTER TO THE CLIENT. THE LEGAL SERVICES ARE COMPLETED AND THE FIXED FEE IS EARNED FOR THE TRADEMARK APPLICATION WHEN THE LAW FIRM PROVIDES THE COMPLETED DRAFT OF THE TRADEMARK APPLICATION. CLIENT MAY BE ENTITLED TO A PARTIAL REFUND IF THE CLIENT TERMINATES THIS AGREEMENT PRIOR TO THE COMPLETION OF THE LAW FIRM COMPLETING THE LEGAL SERVICES.
4. ONLINE PURCHASES. CLIENT UNDERSTANDS THAT IN ORDER TO COMPLETE PAYMENT, HE/SHE WILL BE REQUIRED TO PROVIDE INFORMATION ABOUT HIS/HERSELF, INCLUDING NAME, ADDRESS, CREDIT CARD INFORMATION, METHOD OF PAYMENT, BILLING INFORMATION, AND OTHER PERSONALLY IDENTIFIABLE INFORMATION. THIS INFORMATION MAY BE COLLECTED BY US, AS WELL AS OUR PAYMENT PROCESSING COMPANY. CLIENT ALSO UNDERSTANDS AND AGREES THAT ANY INFORMATION PROVIDED BY CLIENT IS TRUE AND ACCURATE, TO BE RELIED UPON BY LAW FIRM AND OUR TEAM IN PROCESSING PAYMENT AND DELIVERING OUR PRODUCTS TO CLIENT. SHOULD CLIENT’S PAYMENT FAIL TO PROCESS, WE RESERVE THE RIGHT TO WITHHOLD THE LEGAL SERVICES FROM CLIENT UNLESS AND UNTIL PAYMENT IS PROPERLY RENDERED.
A. WE WILL TAKE REASONABLE PRECAUTIONS AND TAKE MEASURES TO KEEP ANY INFORMATION OBTAINED BY CLIENT IN CONNECTION WITH THE PURCHASE OF LEGAL SERVICES. WE WILL ATTEMPT TO MONITOR AND RESIST ANY THIRD PARTY HACKING OR THIRD PARTY ABILITY TO GAIN ACCESS TO CONFIDENTIAL INFORMATION HELD BY US. CLIENT ALSO ACKNOWLEDGES AND AGREES THAT WE HAVE NO RESPONSIBILITY OR LIABILITY FOR POLICIES OF THIRD PARTY PAYMENT PROCESSING COMPANIES WE SELECT AND USE TO FACILITATE PURCHASES THROUGH OUR WEBSITE. WHEN CLIENT MAKES A PURCHASE ON OUR WEBSITE, HE/SHE MAY ALSO BE SUBJECT TO THE TERMS AND CONDITIONS, POLICIES, AND/OR GUIDELINES OF THE PAYMENT PROCESSING COMPANY. FOR MORE INFORMATION, WE ENCOURAGE CLIENT TO VISIT THE WEBSITE OF THE PAYMENT PROCESSING COMPANY, AND READ THEIR POLICIES AND TERMS AND CONDITIONS AS WELL. CLIENT AGREES TO RELEASE US AS WELL AS THE PAYMENT PROCESSING COMPANY WE CHOOSE FROM ANY DAMAGES HE/SHE INCURS AS A RESULT OF THIS PROCESS, AND AGREES NOT TO FILE OR ASSERT ANY CLAIMS AGAINST US OR THE PAYMENT PROCESSING COMPANY ARISING FROM CLIENT’S PURCHASE OF LEGAL SERVICES.
B. CLIENT ACKNOWLEDGES AND UNDERSTANDS THAT ANY INFORMATION PROVIDED TO US IS DONE SO ON A PURELY VOLUNTARY BASIS. BY CHOOSING TO PROVIDE US WITH THIS INFORMATION, CLIENT AGREES AND REPRESENTS THAT ANY INFORMATION PROVIDED TO US IN ORDER TO PURCHASE LEGAL SERVICES, WILL BE ACCURATE AND CURRENT, AND BELONG TO CLIENT. CLIENT UNDERSTANDS HE/SHE MAY NOT HOLD HIM/HERSELF OUT AS SOMEONE ELSE OR USE ANYONE ELSE’S INFORMATION, AND AGREES TO BEAR THE CONSEQUENCES SHOULD HE/SHE USE ANYONE ELSE’S INFORMATION AS HIS/HER OWN. SHOULD CLIENT CHOOSE TO IMPERSONATE ANOTHER, HE/SHE UNDERSTAND THIS MAY CONSTITUTE A LEGAL VIOLATION AND UNDERSTAND AND AGREE HE/SHE WILL BE FINANCIALLY RESPONSIBLE FOR ANY CONSEQUENCES THEREIN, AND AGREE TO HOLD LAW FIRM HARMLESS FROM ANY RESULTING LEGAL ACTION.
C. CLIENT ALSO AGREES THAT HE/SHE IS TO REMAIN FINANCIALLY RESPONSIBLE FOR ANY PURCHASES MADE THROUGH THELAWYERNEXTDOOR.COM OF LEGAL SERVICES BY CLIENT OR ANY OTHER PERSON ACTING ON CLIENT’S BEHALF, REGARDLESS OF THE INFORMATION PROVIDED AT CHECKOUT. SHOULD INFORMATION BECOME AVAILABLE AT A LATER DATE CONFIRMING CLIENT PERFORMED UNAUTHORIZED USE OF A CREDIT CARD OR OTHER PAYMENT INFORMATION BELONGING TO SOMEONE OTHER THAN YOURSELF, OR THAT THE PAYMENT INFORMATION WAS NOT VALID, CLIENT UNDERSTANDS AND AGREES THAT CLIENT REMAINS FINANCIALLY RESPONSIBLE FOR ANY AND ALL PURCHASES MADE, WITHOUT EXCEPTION.
5. COSTS AND EXPENSES. IN ADDITION TO THE FIXED FEE, CLIENT AGREES TO PAY FOR OUT-OF-POCKET COSTS AND EXPENSES INCURRED IN CONNECTION WITH THE LAW FIRM’S REPRESENTATION OF CLIENT. THESE MAY INCLUDE, WITHOUT LIMITATION, COMPUTER SEARCHING FEES NOT INCLUDED IN THE ABOVE LEGAL SERVICES, TRANSLATION COSTS, COURT FEES, MAILING AND COURIER FEES, PRINTING COSTS, PHOTOCOPYING, AND FAXING, CLIENT AUTHORIZES THE LAW FIRM TO RETAIN (UPON CLIENT’S PRIOR WRITTEN APPROVAL), AND AGREE TO PAY THE FEES AND EXPENSES, OF THOSE OTHER PERSONS OR ENTITIES THAT THE LAW FIRM ENGAGES TO PERFORM SERVICES ON CLIENT’S BEHALF.
6. RESPONSIBILITIES OF THE LAW FIRM AND CLIENT. CLIENT AUTHORIZES THE LAW FIRM TO TAKE ALL ACTIONS THAT THE LAW FIRM DEEMS ADVISABLE ON CLIENT’S BEHALF IN PERFORMING SERVICES FOR CLIENT. THE LAW FIRM WILL NOTIFY CLIENT OF SIGNIFICANT DEVELOPMENTS AND WILL CONSULT WITH CLIENT IN ADVANCE REGARDING DECISIONS AND COSTS RELATING TO THOSE DEVELOPMENTS. IN ORDER TO ENABLE THE LAW FIRM TO EFFECTIVELY RENDER THE SERVICES CONTEMPLATED, CLIENT WILL USE ITS BEST EFFORTS TO DISCLOSE FULLY AND ACCURATELY ALL FACTS AND TO KEEP THE LAW FIRM APPRISED OF RELEVANT DEVELOPMENTS RELATING TO THE WORK THAT THE LAW FIRM PERFORMS ON CLIENT’S BEHALF. THE LAW FIRM AGREES TO PERFORM THE LEGAL SERVICES UNDER THIS AGREEMENT AND INFORM CLIENT OF STATUS AND RESPOND WITH REASONABLE PROMPTNESS TO CLIENT’S INQUIRIES AND COMMUNICATIONS. CLIENT SHALL COOPERATE WITH THE LAW FIRM, BE AVAILABLE AS REQUESTED, PROVIDE NECESSARY INFORMATION, DATES OF USE, SPECIMENS AND DECLARATIONS, PROMPTLY PAY ALL FEES AND COSTS IN ADVANCE, AND KEEP THE LAW FIRM INFORMED AT ALL TIMES OF CLIENT’S PRESENT CONTACT INFORMATION, INCLUDING TELEPHONE NUMBER, E-MAIL ADDRESS, PHYSICAL ADDRESS AND ANY CHANGES OF OWNERSHIP OF THE MARK. IN ORDER TO MAKE SURE THAT THE LAW FIRM’S CORRESPONDENCE RELATING TO CLIENT’S TRADEMARK MATTERS ARE NOT FILTERED INTO CLIENT’S “JUNK” OR “BULK” FOLDER, CLIENT AGREES TO ADD INFO@THELAWYERNEXTDOOR.COM, OR ANY OTHER E-MAIL ADDRESS PROVIDED BY THE LAW FIRM TO CLIENT’S LIST OF TRUSTED SENDERS.
7. REPRESENTATIONS OF CLIENT. IN PROVIDING THE LAW FIRM WITH ANY INFORMATION AND/OR MATERIALS TO BE USED IN CONJUNCTION WITH CLIENT’S REQUEST FOR LEGAL SERVICES, CLIENT EXPRESSLY REPRESENTS AND WARRANTS THAT:
A. CLIENT BELIEVES THEY ARE ENTITLED TO USE THE PROPOSED MARK IN COMMERCE;
B. TO THE BEST OF CLIENT’S KNOWLEDGE AND BELIEF, NO OTHER PERSON, LAW FIRM, CORPORATION, OR ASSOCIATION HAS THE RIGHT TO USE THE PROPOSED MARK IN COMMERCE, EITHER IN THE IDENTICAL FORM THEREOF OR IN SUCH NEAR RESEMBLANCE THERETO AS TO BE LIKELY, WHEN USED ON OR IN CONNECTION WITH THE GOODS/SERVICES OF SUCH OTHER PERSON, TO CAUSE CONFUSION, OR TO CAUSE MISTAKE, OR TO DECEIVE;
C. CLIENT DECLARES THAT ALL STATEMENTS MADE OF HIS/HER OWN KNOWLEDGE AND PROVIDED TO THE LAW FIRM ARE TRUE; AND THAT ALL STATEMENTS MADE ON INFORMATION AND BELIEF ARE BELIEVED TO BE TRUE;
D. CLIENT UNDERSTANDS THAT ANY WILLFUL FALSE STATEMENTS AND THE LIKE MAY BE PUNISHABLE BY LAW AND CONSTITUTE GROUNDS FOR INVALIDATING ANY TRADEMARK FILINGS UTILIZING SUCH WILLFUL FALSE STATEMENTS;
E. CLIENT ACKNOWLEDGES AND UNDERSTANDS THAT THE LAW FIRM MAY REASONABLY RELY UPON ANY INFORMATION AND/OR MATERIALS PROVIDED BY CLIENT TO BE USED IN CONJUNCTION WITH CLIENT’S REQUEST FOR LEGAL SERVICES; AND
F. CLIENT AGREES TO INDEMNIFY AND HOLD HARMLESS THE LAW FIRM FROM ANY LIABILITY ARISING FROM CLIENT’S BREACH OF THE ABOVE-LISTED REPRESENTATIONS AND WARRANTIES.
8. POTENTIAL CONFLICTS OF INTEREST. CLIENT IS AWARE THAT THE LAW FIRM REPRESENTS MANY OTHER COMPANIES AND INDIVIDUALS. IT IS POSSIBLE THAT SOME OF OUR EXISTING OR FUTURE OTHER CLIENTS WILL HAVE DISPUTES WITH CLIENT, OR ENGAGE IN TRANSACTIONS WITH CLIENT DURING THE TIME THAT THE LAW FIRM IS REPRESENTING CLIENT. CLIENT AGREES THAT, WITHOUT FURTHER NOTICE TO CLIENT, THE LAW FIRM MAY CONTINUE TO REPRESENT OR MAY UNDERTAKE IN THE FUTURE TO REPRESENT EXISTING OR NEW CLIENTS IN ANY MATTER THAT IS NOT THE SAME AS, OR SUBSTANTIALLY RELATED TO, ANY MATTER IN WHICH WE REPRESENT THE CLIENT, EVEN IF THE GENERAL OVERALL BUSINESS INTERESTS OF THE OTHER CLIENTS IN THOSE OTHER MATTERS ARE ADVERSE TO THE CLIENT. OF COURSE, UNDER NO CIRCUMSTANCES WILL THE LAW FIRM, IN THE COURSE OF REPRESENTING ANY OTHER CLIENT, USE OR DISCLOSE ANY CONFIDENTIAL, NON-PUBLIC INFORMATION THAT THE LAW FIRM OBTAINED AS A RESULT OF OR REPRESENTATION OF CLIENT. THE LAW FIRM IS PRESENTLY UNAWARE OF ANY ACTUAL OR PROSPECTIVE CONFLICTS OF INTEREST THAT WOULD PRECLUDE US FROM PROVIDING THE LEGAL SERVICES. HOWEVER, THIS BELIEF IS PREDICATED EXCLUSIVELY UPON OUR CURRENT STATE OF KNOWLEDGE. SHOULD THE LAW FIRM SUBSEQUENTLY COME TO BELIEVE THAT A CONFLICT EXISTS OR HAS DEVELOPED; THE LAW FIRM RESERVES ITS RIGHT TO WITHDRAW FROM THE REPRESENTATION CONSISTENT WITH THE LAW FIRM’S OBLIGATIONS UNDER APPLICABLE JURISDICTIONAL LAW AND RULES, INCLUDING THE PENNSYLVANIA RULES OF PROFESSIONAL CONDUCT.
9. WORK PRODUCT / MARKETING. THE WRITINGS, NOTES, MEMORANDA, REPORTS OF CONVERSATIONS, RESEARCH AND CONFIDENTIAL MATERIALS WHICH WE PREPARE WILL BE MAINTAINED IN STRICT CONFIDENCE AND UNDER THE PROVISIONS OF THE ATTORNEY-CLIENT PRIVILEGE. CLIENT AGREES THAT THE LAW FIRM MAY USE CLIENT’S NAME, LOGO, AND A GENERAL DESCRIPTION OF THE LAW FIRM’S REPRESENTATION IN THE LAW FIRM’S BUSINESS DEVELOPMENT EFFORTS AND MATERIALS.
10. TERMINATION. EITHER CLIENT OR THE LAW FIRM IS, OF COURSE, FREE TO TERMINATE OUR RELATIONSHIP AT ANY TIME. IN THE EVENT THAT THE LAW FIRM SHOULD TERMINATE THIS REPRESENTATION, IT WILL DO SO IN A MANNER, WHICH COMPLIES WITH ALL APPLICABLE USPTO AND PENNSYLVANIA LAW AND RULES, INCLUDING THE RULES OF PROFESSIONAL CONDUCT. THIS AGREEMENT AND YOUR REPRESENTATION BY THE LAW FIRM ARE UNDER AND IN ACCORDANCE WITH PENNSYLVANIA LAWS AND RULES. CLIENT ACKNOWLEDGES THAT OUR ENGAGEMENT TO REPRESENT YOU WILL BE DEEMED TO HAVE TERMINATED WHEN THERE ARE NO MATTERS PENDING. AT THE CONCLUSION OF THE MATTER (OR EARLIER, IF APPROPRIATE), CLIENT SHALL ADVISE THE LAW FIRM WHICH, IF ANY, OF CLIENT’S DOCUMENTS IN THE LAW FIRM FILES CLIENT WISHES THE LAW FIRM TO MAKE AVAILABLE TO CLIENT. THESE DOCUMENTS WILL BE DELIVERED TO CLIENT WITHIN A REASONABLE TIME AFTER RECEIPT OF PAYMENT FOR OUTSTANDING FEES AND COSTS, SUBJECT TO APPLICABLE RULES OF ATTORNEY CONDUCT. THIS HOWEVER, WILL NOT INCLUDE ANY DOCUMENTS WHICH REPRESENT THE LAW FIRM’S ATTORNEY WORK PRODUCT. THE LAW FIRM WILL NOT RETAIN ANY REMAINING DOCUMENTS IN OUR FILES OR SYSTEM AND WILL DESTROY THEM IN ACCORDANCE WITH OUR RECORD RETENTION PROGRAM SCHEDULE THEN IN EFFECT. THE LAW FIRM MAINTAINS ALL DOCUMENTS RECEIVED FROM CLIENTS, ASSOCIATES, OR PATENT OFFICES IN IMAGE BASED FORMATS SUCH AS PDF. THE LAW FIRM DOES NOT MAINTAIN ANY PHYSICAL FILES OF DOCUMENTS AND WILL FORWARD TO CLIENT ANY DOCUMENTS BEARING ORIGINAL SIGNATURES FOR SAFEKEEPING. YOU ACKNOWLEDGE THAT OUR ENGAGEMENT TO REPRESENT YOU WILL BE DEEMED TO HAVE TERMINATED IF THERE ARE NO MATTERS PENDING,.
11. DISAGREEMENTS AND DISPUTE RESOLUTION. WE LOOK FORWARD TO A MUTUALLY PRODUCTIVE WORKING RELATIONSHIP. HOWEVER, IF YOU SHOULD EVER BECOME DISSATISFIED FOR ANY REASON WITH THE FEES CHARGED OR SERVICES PERFORMED, WE ENCOURAGE YOU TO BRING THAT TO THE ATTENTION OF THE LAW FIRM SO THAT WE MAY ADDRESS YOUR CONCERNS.
12. NO GUARANTEE. THE LAW FIRM HAS MADE NO REPRESENTATIONS, PROMISES, WARRANTIES OR GUARANTEES TO CLIENT, EXPRESSED OR IMPLIED, REGARDING THE OUTCOME OF CLIENT’S MATTER, AND NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS SUCH A REPRESENTATION, PROMISE, WARRANTY OR GUARANTEE. CLIENT UNDERSTANDS THE LAW FIRM DOES NOT GUARANTEE THE USPTO WILL ALLOW THE TRADEMARK TO REGISTER AND/OR THIRD PARTIES MAY OPPOSE REGISTRATION. CLIENT FURTHER UNDERSTANDS THAT FILING A TRADEMARK WITH THE USPTO IS AN APPLICATION PROCESS WHICH MAY RESULT ULTIMATELY IN THE DENIAL OF THE CLIENT’S TRADEMARK APPLICATION. ACCORDINGLY, CLIENT ACKNOWLEDGES AND AGREES THAT NOTHING IN THIS AGREEMENT AND NOTHING IN THE LAW FIRM’S COMMUNICATIONS ARE INTENDED TO BE CONSTRUED AS A PROMISE OR GUARANTEE ABOUT THE OUTCOME OF ANY MATTER, GOVERNMENT TRADEMARK APPLICATION OR REQUEST. CLIENT RECOGNIZES THAT THE LAW FIRM IS NOT ABLE TO MAKE ANY SUCH PROMISES OR GUARANTEES AND THAT THE LAW FIRM’S COMMENTS REGARDING THE OUTCOME OF ANY MATTER ARE EXPRESSIONS OF OPINION ONLY.
13. ENTIRE AGREEMENT / SEVERABILITY. THIS AGREEMENT CONTAINS THE ENTIRE AGREEMENT OF THE LAW FIRM AND CLIENT. NO OTHER AGREEMENT, STATEMENT, OR PROMISE MADE ON OR BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT WILL BE BINDING ON THE LAW FIRM OR THE CLIENT. IF ANY PROVISION OF THIS AGREEMENT IS HELD BY A COURT OR OTHER TRIBUNAL OF COMPETENT JURISDICTION, IN WHOLE OR IN PART, TO BE UNENFORCEABLE FOR ANY REASON, THE REMAINDER OF THAT PROVISION AND OF THE ENTIRE AGREEMENT WILL BE SEVERABLE AND REMAIN IN EFFECT.
14. ACKNOWLEDGEMENT / FORM OF SIGNATURES. PRIOR TO ENTERING THIS AGREEMENT, CLIENT HAS READ THIS AGREEMENT. CLIENT HAS THE RIGHT TO HAVE THIS AGREEMENT REVIEWED BY OTHER COUNSEL IN ORDER TO ADVISE CLIENT IF IT IS IN ITS BEST INTEREST. THIS AGREEMENT MAY BE EXECUTED BY THE LAW FIRM AND BY CLIENT IN ELECTRONIC COUNTERPARTS.
1. THE PARTIES / EFFECTIVE DATE. THIS TERMS AND CONDITIONS AGREEMENT (“AGREEMENT”) IS MADE BETWEEN THE LAW OFFICES OF ASIA MARIE WOODS (“LAW FIRM”), AND YOU (“CLIENT”), EFFECTIVE AS OF THE LATER OF (A) CLIENT CHECKING THE BOX AND CLICKING THE “SUBMIT PAYMENT” BUTTON; AND (B) CLIENT’S ADVANCE PAYMENT IN FULL FOR THE LEGAL SERVICES, ALL SUBJECT TO THE LAW FIRM CONFLICT CHECK AND APPROVAL. IN THE EVENT OF ANY CONFLICT, THE LAW FIRM WILL NOTIFY CLIENT OF SUCH CONFLICT VIA CLIENT’S CONTACT E-MAIL AND RETURN ANY UNUSED PAYMENT TO CLIENT.
2. LIMITED SCOPE OF LEGAL SERVICES. THE FIXED FEE FOR A COMPREHENSIVE TRADEMARK SEARCH SHALL BE LIMITED TO CONDUCTING AND REVIEWING THE RECORDS OF THE FEDERAL, STATE, COMMON LAW, AND MARKIFY TRADEMARK SEARCHES, AND DRAFTING OF AN AVAILABILITY OPINION LETTER BASED ON THE SEARCH RESULTS. THE FIXED FEE FOR DRAFTING AND FILING THE TRADEMARK APPLICATION SHALL BE LIMITED TO THE PREPARATION AND FILING OF CLIENT’S TRADEMARK APPLICATION, POST FILING MONITORING OF CLIENT’S TRADEMARK APPLICATION, AND RESPONDING TO ANY INFORMAL USPTO OFFICE ACTIONS WHICH REQUIRE NO MORE THAN THIRTY (30) MINUTES TO RESPOND AND FORWARDING THE CERTIFICATE OF REGISTRATION TO THE CLIENT (ALL COLLECTIVELY, “LEGAL SERVICES”).
ANY ADDITIONAL SERVICES, INCLUDING, BUT NOT LIMITED TO THE FOLLOWING: DRAFTING AND FILING THE TRADEMARK APPLICATION WILL BE PROVIDED BY THE LAW FIRM AFTER DISCUSSION WITH THE CLIENT AT AN AGREED TO FIXED FEE PAID IN ADVANCE OR PURSUANT TO A SEPARATE ENGAGEMENT AGREEMENT BETWEEN THE LAW FIRM AND THE CLIENT.
3. FEES. THE FIXED FEE FOR THE COMPREHENSIVE TRADEMARK SEARCH DESCRIBED ABOVE IS CURRENTLY $750.00, THE FIXED FEE FOR DRAFTING AND FILING THE TRADEMARK APPLICATION DESCRIBED ABOVE IS CURRENTLY $647.00 (EACH ARE REFERRED TO AS THE “FIXED FEE”). THE , THE FIXED FEE FOR DRAFTING AND FILING THE TRADEMARK APPLICATION IS INCLUSIVE OF THE U.S. PATENT & TRADEMARK OFFICE (“USPTO”) GOVERNMENT FILING FEE FOR ONE (1) INTERNATIONAL CLASS OF GOODS OR SERVICES, WHICH IS CURRENTLY SET AT $275.00 PER INTERNATIONAL CLASS OF GOODS AND SERVICES PER TRADEMARK APPLICATION FILED. CLIENT AGREES THAT THE FIXED FEE SHALL BE DEPOSITED INTO THE LAW FIRM’S TRUST ACCOUNT. THE LEGAL SERVICES ARE COMPLETED AND THE FIXED FEE IS EARNED FOR THE COMPREHENSIVE TRADEMARK SEARCH WHEN THE LAW FIRM PROVIDES THE TRADEMARK SEARCH AVAILABILITY REPORT AND ATTORNEY OPINION LETTER TO THE CLIENT. THE LEGAL SERVICES ARE COMPLETED AND THE FIXED FEE IS EARNED FOR THE TRADEMARK APPLICATION WHEN THE LAW FIRM PROVIDES THE COMPLETED DRAFT OF THE TRADEMARK APPLICATION. CLIENT MAY BE ENTITLED TO A PARTIAL REFUND IF THE CLIENT TERMINATES THIS AGREEMENT PRIOR TO THE COMPLETION OF THE LAW FIRM COMPLETING THE LEGAL SERVICES.
4. ONLINE PURCHASES. CLIENT UNDERSTANDS THAT IN ORDER TO COMPLETE PAYMENT, HE/SHE WILL BE REQUIRED TO PROVIDE INFORMATION ABOUT HIS/HERSELF, INCLUDING NAME, ADDRESS, CREDIT CARD INFORMATION, METHOD OF PAYMENT, BILLING INFORMATION, AND OTHER PERSONALLY IDENTIFIABLE INFORMATION. THIS INFORMATION MAY BE COLLECTED BY US, AS WELL AS OUR PAYMENT PROCESSING COMPANY. CLIENT ALSO UNDERSTANDS AND AGREES THAT ANY INFORMATION PROVIDED BY CLIENT IS TRUE AND ACCURATE, TO BE RELIED UPON BY LAW FIRM AND OUR TEAM IN PROCESSING PAYMENT AND DELIVERING OUR PRODUCTS TO CLIENT. SHOULD CLIENT’S PAYMENT FAIL TO PROCESS, WE RESERVE THE RIGHT TO WITHHOLD THE LEGAL SERVICES FROM CLIENT UNLESS AND UNTIL PAYMENT IS PROPERLY RENDERED.
A. WE WILL TAKE REASONABLE PRECAUTIONS AND TAKE MEASURES TO KEEP ANY INFORMATION OBTAINED BY CLIENT IN CONNECTION WITH THE PURCHASE OF LEGAL SERVICES. WE WILL ATTEMPT TO MONITOR AND RESIST ANY THIRD PARTY HACKING OR THIRD PARTY ABILITY TO GAIN ACCESS TO CONFIDENTIAL INFORMATION HELD BY US. CLIENT ALSO ACKNOWLEDGES AND AGREES THAT WE HAVE NO RESPONSIBILITY OR LIABILITY FOR POLICIES OF THIRD PARTY PAYMENT PROCESSING COMPANIES WE SELECT AND USE TO FACILITATE PURCHASES THROUGH OUR WEBSITE. WHEN CLIENT MAKES A PURCHASE ON OUR WEBSITE, HE/SHE MAY ALSO BE SUBJECT TO THE TERMS AND CONDITIONS, POLICIES, AND/OR GUIDELINES OF THE PAYMENT PROCESSING COMPANY. FOR MORE INFORMATION, WE ENCOURAGE CLIENT TO VISIT THE WEBSITE OF THE PAYMENT PROCESSING COMPANY, AND READ THEIR POLICIES AND TERMS AND CONDITIONS AS WELL. CLIENT AGREES TO RELEASE US AS WELL AS THE PAYMENT PROCESSING COMPANY WE CHOOSE FROM ANY DAMAGES HE/SHE INCURS AS A RESULT OF THIS PROCESS, AND AGREES NOT TO FILE OR ASSERT ANY CLAIMS AGAINST US OR THE PAYMENT PROCESSING COMPANY ARISING FROM CLIENT’S PURCHASE OF LEGAL SERVICES.
B. CLIENT ACKNOWLEDGES AND UNDERSTANDS THAT ANY INFORMATION PROVIDED TO US IS DONE SO ON A PURELY VOLUNTARY BASIS. BY CHOOSING TO PROVIDE US WITH THIS INFORMATION, CLIENT AGREES AND REPRESENTS THAT ANY INFORMATION PROVIDED TO US IN ORDER TO PURCHASE LEGAL SERVICES, WILL BE ACCURATE AND CURRENT, AND BELONG TO CLIENT. CLIENT UNDERSTANDS HE/SHE MAY NOT HOLD HIM/HERSELF OUT AS SOMEONE ELSE OR USE ANYONE ELSE’S INFORMATION, AND AGREES TO BEAR THE CONSEQUENCES SHOULD HE/SHE USE ANYONE ELSE’S INFORMATION AS HIS/HER OWN. SHOULD CLIENT CHOOSE TO IMPERSONATE ANOTHER, HE/SHE UNDERSTAND THIS MAY CONSTITUTE A LEGAL VIOLATION AND UNDERSTAND AND AGREE HE/SHE WILL BE FINANCIALLY RESPONSIBLE FOR ANY CONSEQUENCES THEREIN, AND AGREE TO HOLD LAW FIRM HARMLESS FROM ANY RESULTING LEGAL ACTION.
C. CLIENT ALSO AGREES THAT HE/SHE IS TO REMAIN FINANCIALLY RESPONSIBLE FOR ANY PURCHASES MADE THROUGH THELAWYERNEXTDOOR.COM OF LEGAL SERVICES BY CLIENT OR ANY OTHER PERSON ACTING ON CLIENT’S BEHALF, REGARDLESS OF THE INFORMATION PROVIDED AT CHECKOUT. SHOULD INFORMATION BECOME AVAILABLE AT A LATER DATE CONFIRMING CLIENT PERFORMED UNAUTHORIZED USE OF A CREDIT CARD OR OTHER PAYMENT INFORMATION BELONGING TO SOMEONE OTHER THAN YOURSELF, OR THAT THE PAYMENT INFORMATION WAS NOT VALID, CLIENT UNDERSTANDS AND AGREES THAT CLIENT REMAINS FINANCIALLY RESPONSIBLE FOR ANY AND ALL PURCHASES MADE, WITHOUT EXCEPTION.
5. COSTS AND EXPENSES. IN ADDITION TO THE FIXED FEE, CLIENT AGREES TO PAY FOR OUT-OF-POCKET COSTS AND EXPENSES INCURRED IN CONNECTION WITH THE LAW FIRM’S REPRESENTATION OF CLIENT. THESE MAY INCLUDE, WITHOUT LIMITATION, COMPUTER SEARCHING FEES NOT INCLUDED IN THE ABOVE LEGAL SERVICES, TRANSLATION COSTS, COURT FEES, MAILING AND COURIER FEES, PRINTING COSTS, PHOTOCOPYING, AND FAXING, CLIENT AUTHORIZES THE LAW FIRM TO RETAIN (UPON CLIENT’S PRIOR WRITTEN APPROVAL), AND AGREE TO PAY THE FEES AND EXPENSES, OF THOSE OTHER PERSONS OR ENTITIES THAT THE LAW FIRM ENGAGES TO PERFORM SERVICES ON CLIENT’S BEHALF.
6. RESPONSIBILITIES OF THE LAW FIRM AND CLIENT. CLIENT AUTHORIZES THE LAW FIRM TO TAKE ALL ACTIONS THAT THE LAW FIRM DEEMS ADVISABLE ON CLIENT’S BEHALF IN PERFORMING SERVICES FOR CLIENT. THE LAW FIRM WILL NOTIFY CLIENT OF SIGNIFICANT DEVELOPMENTS AND WILL CONSULT WITH CLIENT IN ADVANCE REGARDING DECISIONS AND COSTS RELATING TO THOSE DEVELOPMENTS. IN ORDER TO ENABLE THE LAW FIRM TO EFFECTIVELY RENDER THE SERVICES CONTEMPLATED, CLIENT WILL USE ITS BEST EFFORTS TO DISCLOSE FULLY AND ACCURATELY ALL FACTS AND TO KEEP THE LAW FIRM APPRISED OF RELEVANT DEVELOPMENTS RELATING TO THE WORK THAT THE LAW FIRM PERFORMS ON CLIENT’S BEHALF. THE LAW FIRM AGREES TO PERFORM THE LEGAL SERVICES UNDER THIS AGREEMENT AND INFORM CLIENT OF STATUS AND RESPOND WITH REASONABLE PROMPTNESS TO CLIENT’S INQUIRIES AND COMMUNICATIONS. CLIENT SHALL COOPERATE WITH THE LAW FIRM, BE AVAILABLE AS REQUESTED, PROVIDE NECESSARY INFORMATION, DATES OF USE, SPECIMENS AND DECLARATIONS, PROMPTLY PAY ALL FEES AND COSTS IN ADVANCE, AND KEEP THE LAW FIRM INFORMED AT ALL TIMES OF CLIENT’S PRESENT CONTACT INFORMATION, INCLUDING TELEPHONE NUMBER, E-MAIL ADDRESS, PHYSICAL ADDRESS AND ANY CHANGES OF OWNERSHIP OF THE MARK. IN ORDER TO MAKE SURE THAT THE LAW FIRM’S CORRESPONDENCE RELATING TO CLIENT’S TRADEMARK MATTERS ARE NOT FILTERED INTO CLIENT’S “JUNK” OR “BULK” FOLDER, CLIENT AGREES TO ADD INFO@THELAWYERNEXTDOOR.COM, OR ANY OTHER E-MAIL ADDRESS PROVIDED BY THE LAW FIRM TO CLIENT’S LIST OF TRUSTED SENDERS.
7. REPRESENTATIONS OF CLIENT. IN PROVIDING THE LAW FIRM WITH ANY INFORMATION AND/OR MATERIALS TO BE USED IN CONJUNCTION WITH CLIENT’S REQUEST FOR LEGAL SERVICES, CLIENT EXPRESSLY REPRESENTS AND WARRANTS THAT:
A. CLIENT BELIEVES THEY ARE ENTITLED TO USE THE PROPOSED MARK IN COMMERCE;
B. TO THE BEST OF CLIENT’S KNOWLEDGE AND BELIEF, NO OTHER PERSON, LAW FIRM, CORPORATION, OR ASSOCIATION HAS THE RIGHT TO USE THE PROPOSED MARK IN COMMERCE, EITHER IN THE IDENTICAL FORM THEREOF OR IN SUCH NEAR RESEMBLANCE THERETO AS TO BE LIKELY, WHEN USED ON OR IN CONNECTION WITH THE GOODS/SERVICES OF SUCH OTHER PERSON, TO CAUSE CONFUSION, OR TO CAUSE MISTAKE, OR TO DECEIVE;
C. CLIENT DECLARES THAT ALL STATEMENTS MADE OF HIS/HER OWN KNOWLEDGE AND PROVIDED TO THE LAW FIRM ARE TRUE; AND THAT ALL STATEMENTS MADE ON INFORMATION AND BELIEF ARE BELIEVED TO BE TRUE;
D. CLIENT UNDERSTANDS THAT ANY WILLFUL FALSE STATEMENTS AND THE LIKE MAY BE PUNISHABLE BY LAW AND CONSTITUTE GROUNDS FOR INVALIDATING ANY TRADEMARK FILINGS UTILIZING SUCH WILLFUL FALSE STATEMENTS;
E. CLIENT ACKNOWLEDGES AND UNDERSTANDS THAT THE LAW FIRM MAY REASONABLY RELY UPON ANY INFORMATION AND/OR MATERIALS PROVIDED BY CLIENT TO BE USED IN CONJUNCTION WITH CLIENT’S REQUEST FOR LEGAL SERVICES; AND
F. CLIENT AGREES TO INDEMNIFY AND HOLD HARMLESS THE LAW FIRM FROM ANY LIABILITY ARISING FROM CLIENT’S BREACH OF THE ABOVE-LISTED REPRESENTATIONS AND WARRANTIES.
8. POTENTIAL CONFLICTS OF INTEREST. CLIENT IS AWARE THAT THE LAW FIRM REPRESENTS MANY OTHER COMPANIES AND INDIVIDUALS. IT IS POSSIBLE THAT SOME OF OUR EXISTING OR FUTURE OTHER CLIENTS WILL HAVE DISPUTES WITH CLIENT, OR ENGAGE IN TRANSACTIONS WITH CLIENT DURING THE TIME THAT THE LAW FIRM IS REPRESENTING CLIENT. CLIENT AGREES THAT, WITHOUT FURTHER NOTICE TO CLIENT, THE LAW FIRM MAY CONTINUE TO REPRESENT OR MAY UNDERTAKE IN THE FUTURE TO REPRESENT EXISTING OR NEW CLIENTS IN ANY MATTER THAT IS NOT THE SAME AS, OR SUBSTANTIALLY RELATED TO, ANY MATTER IN WHICH WE REPRESENT THE CLIENT, EVEN IF THE GENERAL OVERALL BUSINESS INTERESTS OF THE OTHER CLIENTS IN THOSE OTHER MATTERS ARE ADVERSE TO THE CLIENT. OF COURSE, UNDER NO CIRCUMSTANCES WILL THE LAW FIRM, IN THE COURSE OF REPRESENTING ANY OTHER CLIENT, USE OR DISCLOSE ANY CONFIDENTIAL, NON-PUBLIC INFORMATION THAT THE LAW FIRM OBTAINED AS A RESULT OF OR REPRESENTATION OF CLIENT. THE LAW FIRM IS PRESENTLY UNAWARE OF ANY ACTUAL OR PROSPECTIVE CONFLICTS OF INTEREST THAT WOULD PRECLUDE US FROM PROVIDING THE LEGAL SERVICES. HOWEVER, THIS BELIEF IS PREDICATED EXCLUSIVELY UPON OUR CURRENT STATE OF KNOWLEDGE. SHOULD THE LAW FIRM SUBSEQUENTLY COME TO BELIEVE THAT A CONFLICT EXISTS OR HAS DEVELOPED; THE LAW FIRM RESERVES ITS RIGHT TO WITHDRAW FROM THE REPRESENTATION CONSISTENT WITH THE LAW FIRM’S OBLIGATIONS UNDER APPLICABLE JURISDICTIONAL LAW AND RULES, INCLUDING THE PENNSYLVANIA RULES OF PROFESSIONAL CONDUCT.
9. WORK PRODUCT / MARKETING. THE WRITINGS, NOTES, MEMORANDA, REPORTS OF CONVERSATIONS, RESEARCH AND CONFIDENTIAL MATERIALS WHICH WE PREPARE WILL BE MAINTAINED IN STRICT CONFIDENCE AND UNDER THE PROVISIONS OF THE ATTORNEY-CLIENT PRIVILEGE. CLIENT AGREES THAT THE LAW FIRM MAY USE CLIENT’S NAME, LOGO, AND A GENERAL DESCRIPTION OF THE LAW FIRM’S REPRESENTATION IN THE LAW FIRM’S BUSINESS DEVELOPMENT EFFORTS AND MATERIALS.
10. TERMINATION. EITHER CLIENT OR THE LAW FIRM IS, OF COURSE, FREE TO TERMINATE OUR RELATIONSHIP AT ANY TIME. IN THE EVENT THAT THE LAW FIRM SHOULD TERMINATE THIS REPRESENTATION, IT WILL DO SO IN A MANNER, WHICH COMPLIES WITH ALL APPLICABLE USPTO AND PENNSYLVANIA LAW AND RULES, INCLUDING THE RULES OF PROFESSIONAL CONDUCT. THIS AGREEMENT AND YOUR REPRESENTATION BY THE LAW FIRM ARE UNDER AND IN ACCORDANCE WITH PENNSYLVANIA LAWS AND RULES. CLIENT ACKNOWLEDGES THAT OUR ENGAGEMENT TO REPRESENT YOU WILL BE DEEMED TO HAVE TERMINATED WHEN THERE ARE NO MATTERS PENDING. AT THE CONCLUSION OF THE MATTER (OR EARLIER, IF APPROPRIATE), CLIENT SHALL ADVISE THE LAW FIRM WHICH, IF ANY, OF CLIENT’S DOCUMENTS IN THE LAW FIRM FILES CLIENT WISHES THE LAW FIRM TO MAKE AVAILABLE TO CLIENT. THESE DOCUMENTS WILL BE DELIVERED TO CLIENT WITHIN A REASONABLE TIME AFTER RECEIPT OF PAYMENT FOR OUTSTANDING FEES AND COSTS, SUBJECT TO APPLICABLE RULES OF ATTORNEY CONDUCT. THIS HOWEVER, WILL NOT INCLUDE ANY DOCUMENTS WHICH REPRESENT THE LAW FIRM’S ATTORNEY WORK PRODUCT. THE LAW FIRM WILL NOT RETAIN ANY REMAINING DOCUMENTS IN OUR FILES OR SYSTEM AND WILL DESTROY THEM IN ACCORDANCE WITH OUR RECORD RETENTION PROGRAM SCHEDULE THEN IN EFFECT. THE LAW FIRM MAINTAINS ALL DOCUMENTS RECEIVED FROM CLIENTS, ASSOCIATES, OR PATENT OFFICES IN IMAGE BASED FORMATS SUCH AS PDF. THE LAW FIRM DOES NOT MAINTAIN ANY PHYSICAL FILES OF DOCUMENTS AND WILL FORWARD TO CLIENT ANY DOCUMENTS BEARING ORIGINAL SIGNATURES FOR SAFEKEEPING. YOU ACKNOWLEDGE THAT OUR ENGAGEMENT TO REPRESENT YOU WILL BE DEEMED TO HAVE TERMINATED IF THERE ARE NO MATTERS PENDING,.
11. DISAGREEMENTS AND DISPUTE RESOLUTION. WE LOOK FORWARD TO A MUTUALLY PRODUCTIVE WORKING RELATIONSHIP. HOWEVER, IF YOU SHOULD EVER BECOME DISSATISFIED FOR ANY REASON WITH THE FEES CHARGED OR SERVICES PERFORMED, WE ENCOURAGE YOU TO BRING THAT TO THE ATTENTION OF THE LAW FIRM SO THAT WE MAY ADDRESS YOUR CONCERNS.
12. NO GUARANTEE. THE LAW FIRM HAS MADE NO REPRESENTATIONS, PROMISES, WARRANTIES OR GUARANTEES TO CLIENT, EXPRESSED OR IMPLIED, REGARDING THE OUTCOME OF CLIENT’S MATTER, AND NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS SUCH A REPRESENTATION, PROMISE, WARRANTY OR GUARANTEE. CLIENT UNDERSTANDS THE LAW FIRM DOES NOT GUARANTEE THE USPTO WILL ALLOW THE TRADEMARK TO REGISTER AND/OR THIRD PARTIES MAY OPPOSE REGISTRATION. CLIENT FURTHER UNDERSTANDS THAT FILING A TRADEMARK WITH THE USPTO IS AN APPLICATION PROCESS WHICH MAY RESULT ULTIMATELY IN THE DENIAL OF THE CLIENT’S TRADEMARK APPLICATION. ACCORDINGLY, CLIENT ACKNOWLEDGES AND AGREES THAT NOTHING IN THIS AGREEMENT AND NOTHING IN THE LAW FIRM’S COMMUNICATIONS ARE INTENDED TO BE CONSTRUED AS A PROMISE OR GUARANTEE ABOUT THE OUTCOME OF ANY MATTER, GOVERNMENT TRADEMARK APPLICATION OR REQUEST. CLIENT RECOGNIZES THAT THE LAW FIRM IS NOT ABLE TO MAKE ANY SUCH PROMISES OR GUARANTEES AND THAT THE LAW FIRM’S COMMENTS REGARDING THE OUTCOME OF ANY MATTER ARE EXPRESSIONS OF OPINION ONLY.
13. ENTIRE AGREEMENT / SEVERABILITY. THIS AGREEMENT CONTAINS THE ENTIRE AGREEMENT OF THE LAW FIRM AND CLIENT. NO OTHER AGREEMENT, STATEMENT, OR PROMISE MADE ON OR BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT WILL BE BINDING ON THE LAW FIRM OR THE CLIENT. IF ANY PROVISION OF THIS AGREEMENT IS HELD BY A COURT OR OTHER TRIBUNAL OF COMPETENT JURISDICTION, IN WHOLE OR IN PART, TO BE UNENFORCEABLE FOR ANY REASON, THE REMAINDER OF THAT PROVISION AND OF THE ENTIRE AGREEMENT WILL BE SEVERABLE AND REMAIN IN EFFECT.
14. ACKNOWLEDGEMENT / FORM OF SIGNATURES. PRIOR TO ENTERING THIS AGREEMENT, CLIENT HAS READ THIS AGREEMENT. CLIENT HAS THE RIGHT TO HAVE THIS AGREEMENT REVIEWED BY OTHER COUNSEL IN ORDER TO ADVISE CLIENT IF IT IS IN ITS BEST INTEREST. THIS AGREEMENT MAY BE EXECUTED BY THE LAW FIRM AND BY CLIENT IN ELECTRONIC COUNTERPARTS.