Terms OF PURCHASE
Destination Legal LLC
By clicking on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products or services by Sarah Kornblet ("Attorney" or "Service Provider"), acting on behalf of Destination Legal LLC (“Company”), and you are entering into a legally binding agreement with the Service Provider, subject to the following terms and conditions:
1. SCOPE OF SERVICES. This Agreement is for the purposes of Client hiring Attorney for the services defined as Trademark Registration. Trademark Registration service is defined to include the following: The legal services provided by Attorney to Client will include a comprehensive trademark search that involves searching the United States Patent and Trademark Office (“USPTO”) database, all fifty states’ trademark databases, common law trademark databases, and domain name databases; a phone consultation with Attorney for up to thirty (30) minutes to discuss the search results; drafting and filing Client’s trademark application for one international class of goods or services; monitoring Client’s trademark application; and responding to any non-substantive Office actions issued by the USPTO (“Legal Services”).
All other services beyond the scope of services just described will incur an additional charge, including, but not limited to, the filing of an amendment to allege use or a statement of use for Section 1(b) intent to use applications. If Client’s initial search results in a negative opinion stating the mark is not able to be registered, Client will be refunded sixteen-hundred and ninety-nine dollars ($1700 USD) (minus two-hundred and ninety-nine dollars $300 for the search).
Client may request for Attorney to add additional international classes to the application for an additional fee. Attorney will provide the Legal Services, respond promptly to Client’s communications, and keep Client apprised of all developments with the Client’s trademark application.
Client understands that this is an application process, which could end in a denial of the Client’s trademark by the USPTO. The Client also understands that registered trademarks require maintenance. MAINTENANCE AND REMINDERS OF MAINTENANCE DEADLINES WILL NOT BE HANDLED BY THE ATTORNEY UNDER THIS AGREEMENT. The Client understands that each case is different and may require additional time for the Attorney to complete the service.
2. CLIENT’S PROMISE. Client agrees to work together with Attorney throughout this Agreement, to be available when requested by Attorney, provide needed declarations, pay all fees and costs associated with the filing process, and keep Attorney aware of Client’s current contact information, including street address, telephone number(s), and email address at all times.
3. ADMINISTRATIVE FEES. Any and all administrative costs are the Client’s responsibility and are in addition to the above stated legal fees.
4. CONFIDENTIALITY. This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party during discussions or otherwise. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party.
5. DISCLAIMERS. The Service Provider makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. The Company disclaims all liability for any inaccuracy, error or incompleteness in the Content. By participating in and/or reading this website and/or other Content, you acknowledge that the Company cannot guarantee the outcome of services and/or recommendations within the Content and any comments about the outcome are expressions of opinion only. The Company cannot make any guarantees other than to deliver information, education, and services purchased as described.
6. WARRANTIES. The Services provided to the Client by the Company under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
7. INDEMNIFICATION. Each party shall indemnify, defend, and hold harmless the other, its current and former employees, or agents, from and against any claims, including third party claims, demands, loss, damage, liability, or expense (including attorney’s fees) relating to a) the negligence, recklessness, or willful misconduct of the indemnifying party or any party under direction or control of the indemnifying party, b) a material breach of this Agreement by the indemnifying party, or c) the damage, loss, or destruction of any property, profit, or revenue (both real or imagined) of the indemnified party, or its clients.
8. DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Buffalo, Wyoming or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
9. SEVERANCE. In the event that one or more of the provisions of this Agreement shall be found by a court of law to be unenforceable, illegal or invalid, it shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if the provision found to be unenforceable, illegal or invalid had never been contained in this Agreement.
10. COMPLETE AGREEMENT. This Agreement supersedes any prior or contemporaneous communications, representations or agreements between Attorney and Client and constitutes the complete and final agreement between the parties relating to this Agreement, this website or any services rendered by Attorney to Client. This Agreement contains the entire agreement of the parties. No other agreements, statements, or promises made on or before the effective date of this Agreement will be binding on the parties. This Agreement, and all terms herein, may only be modified by subsequent written agreement signed by both parties.
11. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming, regardless of the conflict of laws principles thereof.