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Legal Plan Contract

This is a contract between us, TTC Business Solutions, LLC dba The Trademark Company (“The Trademark Company”) and you, (the “Primary Member”), for the Legal Plan services described below, including Legal Advantage Platinum and/or Legal Advantage Gold (sometimes described as Legal Plan Services and collectively referred to as the “Legal Plans”). In addition to TheTrademarkCompany.com’s Terms of Service, that govern your use of The Trademark Company website, and The Trademark Company’s Supplemental Terms of Service for Subscriptions and Third-Party Services, this contract (the “Agreement”) constitutes a legal agreement between you and The Trademark Company detailing the terms of your use of the Legal Plans. This Agreement is effective as of the date you accept its terms by purchasing a Legal Plan membership (the “Effective Date”). If you sign up for a Legal Plan, you accept these terms, conditions, limitations, and requirements. Please read this Agreement carefully.   

 

THE LEGAL PLANS ARE NOT A SUBSTITUTE FOR ACCOUNTING, BUSINESS, TAX, OR OTHER PROFESSIONAL ADVICE OR SERVICES.  

 

1. Legal Plan Membership. We reserve the right to accept or refuse membership in our discretion. You may not transfer or assign your Legal Plan or these benefits; provided, however, that a Legal Plan Primary Member may extend coverage to his or her designated business (together with the Primary Member, each a “Plan Member” and collectively the “Plan Group”). The “Effective Date” for each Plan Member other than the Primary Member shall be the date on which the Primary Member elects to extend coverage to such Plan Member.  

Each Plan Member to whom you extend coverage under this contract is bound by the terms of this contract.  

 

2. Benefits of Legal Plans. The Legal Plans provide the following benefits.  

a. Membership in a Legal Plan provides the following benefits (collectively, the “Plan Benefits”):  

 

Legal Advantage Platinum 

 

(i) Telephone consultations with a participating firm (the “Firm”), during normal business hours, of up to one half (1/2) hour each, and up to one hour of time researching the topic of the consultation, limited to one consultation per Plan Group for each new legal matter. If the Firm determines after the initial consultation that a letter would be of further assistance to a Plan Member, such Firm, in its sole discretion, may provide, at no additional charge one letter of up to two (2) pages on the Plan Member’s behalf. Telephone consultations may not include discussion of any of the following: Tax-related matters; and 

 

(ii) Provision and review by the Firm of trademark research, limited to provision and review of one (1) trademark per Plan Group for each new legal matter. The Firm shall provide one (1) telephone consultation about the research during normal business hours and advise the Plan Member on any areas of concern and the legal implications of the research results and their conformity to federal trademark law; and   

 

(iii) Preparation and filing of one (1) trademark application per Plan Group for each new legal matter with the U.S. Patent & Trademark Office. The Plan Member and/or Plan Group shall be responsible for payment of all government filing fees to complete the filing. The Firm, at its sole discretion, may elect to advance filing fees and recover the same from the Plan Member and/or Plan Group, may require the Plan Member and/or Plan Group to pay for the fees in advance, or may require that the Plan Member and/or Plan Group pay the fees directly to the U.S. Patent & Trademark Office; and 

 

(iv) Preparation and filing of responses to procedural office actions for each new legal matter with the U.S. Patent & Trademark Office. The Plan Member and/or Plan Group shall be responsible for payment of all government filing fees, if any, to complete the filing. The Firm, at its sole discretion, may elect to advance filing fees and recover the same from the Plan Member and/or Plan Group, may require the Plan Member and/or Plan Group to pay for the fees in advance, or may require that the Plan Member and/or Plan Group pay the fees directly to the U.S. Patent & Trademark Office; and 

 

(v) Preparation and filing of one (1) response to a substantive trademark refusal (e. g., likelihood of confusion, merely descriptive, geographically descriptive, etc. ) for each new legal matter with the U.S. Patent & Trademark Office. The Plan Member and/or Plan Group shall be responsible for payment of all government filing fees to complete the filing. The Firm, at its sole discretion, may elect to advance filing fees and recover the same from the Plan Member and/or Plan Group, may require the Plan Member and/or Plan Group to pay for the fees in advance, or may require that the Plan Member and/or Plan Group pay the fees directly to the U.S. Patent & Trademark Office; and 

 

(vi) Preparation and filing of one (1) statement of use and extensions of time to file a statement of use for each new legal matter with the U.S. Patent & Trademark Office. The Plan Member and/or Plan Group shall be responsible for payment of all government filing fees to complete the filing. The Firm, at its sole discretion, may elect to advance filing fees and recover the same from the Plan Member and/or Plan Group, may require the Plan Member and/or Plan Group to pay for the fees in advance, or may require that the Plan Member and/or Plan Group pay the fees directly to the U.S. Patent & Trademark Office; and 

 

(vii) Written Status Reports (Emails) Upon Submission of Documents, Receipt of Correspondence, or Registration of the Trademark; and 

 

(viii) If a Plan Member engages the Firm for services that are not included in the Plan Benefits described in subsections (c)(i) – (c)(iii) above, the Firm shall provide such legal services at a twenty-five (25%) discount from such Firm’s standard rates for representation, as such rates are reported to The Trademark Company; and  

 

(ix) Nothing in the Legal Plans or this Agreement shall be construed to limit the right of a Plan Member to retain, at his or her own expense, an unaffiliated attorney. The Trademark Company shall not be obligated to pay for any such services;  

 

OR

 

(i) Telephone consultations with a participating firm (the “Firm”), during normal business hours, of up to one half (1/2) hour each, and up to one hour of time researching the topic of the consultation, limited to one consultation per Plan Group for each new legal matter. If the Firm determines after the initial consultation that a letter would be of further assistance to a Plan Member, such Firm, in its sole discretion, may provide, at no additional charge one letter of up to two (2) pages on the Plan Member’s behalf. Telephone consultations may not include discussion of any of the following: Tax-related matters; and 

 

(ii) Preparation and filing of one (1) trademark renewal (e.g., Section 8, Section 9, and/or Section 15) per Plan Group for each new legal matter with the U.S. Patent & Trademark Office. The Plan Member and/or Plan Group shall be responsible for payment of all government filing fees to complete the filing. The Firm, at its sole discretion, may elect to advance filing fees and recover the same from the Plan Member and/or Plan Group, may require the Plan Member and/or Plan Group to pay for the fees in advance, or may require that the Plan Member and/or Plan Group pay the fees directly to the U.S. Patent & Trademark Office; and 

 

(iii) Written Status Reports (Emails) Upon Submission of Documents, Receipt of Correspondence, or Renewal of the Trademark; and 

 

(iv) If a Plan Member engages the Firm for services that are not included in the Plan Benefits described in subsections (c)(i) – (c)(iii) above, the Firm shall provide such legal services at a twenty-five (25%) discount from such Firm’s standard rates for representation, as such rates are reported to The Trademark Company; and  

 

(v) Nothing in the Legal Plans or this Agreement shall be construed to limit the right of a Plan Member to retain, at his or her own expense, an unaffiliated attorney. The Trademark Company shall not be obligated to pay for any such services. 

 

Legal Advantage Gold 

 

(i) Telephone consultations with a participating firm (the “Firm”), during normal business hours, of up to one half (1/2) hour each, and up to one hour of time researching the topic of the consultation, limited to one consultation per Plan Group for each new legal matter. If the Firm determines after the initial consultation that a letter would be of further assistance to a Plan Member, such Firm, in its sole discretion, may provide, at no additional charge one letter of up to two (2) pages on the Plan Member’s behalf. Telephone consultations may not include discussion of any of the following: Tax-related matters; and 

 

(ii) Provision and review by the Firm of trademark research, limited to provision and review of one (1) trademark per Plan Group for each new legal matter. The Firm shall provide one (1) telephone consultation about the research during normal business hours and advise the Plan Member on any areas of concern and the legal implications of the research results and their conformity to federal trademark law; and   

 

(iii) Preparation and filing of one (1) trademark application per Plan Group for each new legal matter with the U.S. Patent & Trademark Office. The Plan Member and/or Plan Group shall be responsible for payment of all government filing fees to complete the filing. The Firm, at its sole discretion, may elect to advance filing fees and recover the same from the Plan Member and/or Plan Group, may require the Plan Member and/or Plan Group to pay for the fees in advance, or may require that the Plan Member and/or Plan Group pay the fees directly to the U.S. Patent & Trademark Office; and 

 

(iv) Preparation and filing of (1) response to a procedural office action for each new legal matter with the U.S. Patent & Trademark Office. The Plan Member and/or Plan Group shall be responsible for payment of all government filing fees, if any, to complete the filing. The Firm, at its sole discretion, may elect to advance filing fees and recover the same from the Plan Member and/or Plan Group, may require the Plan Member and/or Plan Group to pay for the fees in advance, or may require that the Plan Member and/or Plan Group pay the fees directly to the U.S. Patent & Trademark Office; and 

 

(v) Preparation and filing of one (1) statement of use for each new legal matter with the U.S. Patent & Trademark Office. The Plan Member and/or Plan Group shall be responsible for payment of all government filing fees to complete the filing. The Firm, at its sole discretion, may elect to advance filing fees and recover the same from the Plan Member and/or Plan Group, may require the Plan Member and/or Plan Group to pay for the fees in advance, or may require that the Plan Member and/or Plan Group pay the fees directly to the U.S. Patent & Trademark Office; and 

 

(vi) Written Status Reports (Emails) Upon Submission of Documents, Receipt of Correspondence, or Registration of the Trademark; and 

 

(vii) If a Plan Member engages the Firm for services that are not included in the Plan Benefits described in subsections (c)(i) – (c)(iii) above, the Firm shall provide such legal services at a twenty-five (25%) discount from such Firm’s standard rates for representation, as such rates are reported to The Trademark Company; and  

 

(viii) Nothing in the Legal Plans or this Agreement shall be construed to limit the right of a Plan Member to retain, at his or her own expense, an unaffiliated attorney. The Trademark Company shall not be obligated to pay for any such services. 

 

b. Please note that The Trademark Company does not provide legal services. Attorneys made available through Legal Plans are third-party independent contractors who agree to provide legal services directly to you, not through The Trademark Company, via a separate retention agreement between you and the attorney. Their contact information is provided as advertising. The attorneys have agreed to provide complimentary, thirty-minute consultations related to subject matters about which they represent that they are qualified in jurisdictions and for agencies before which they are admitted and/or qualified to practice. A conflict check will apply. They may require you to meet at their office or another location convenient to them or may require a telephonic or video consultation. The Trademark Company will not select an attorney for you. The Trademark Company makes no guarantees as to the substance of the attorney’s advice.  

 

3. Exclusions; Conflicts.  

 

a. The following items and matters are specifically excluded from the Legal Plans, and are not to be considered or treated as Plan Benefits:  

 

(i) Any action that directly or indirectly involves The Trademark Company or any of its affiliates, directors, agents, or employees;  

 

(ii) Any action that directly or indirectly involves any Firm providing legal services under the Legal Plans; provided, however, that a Firm may, at its sole discretion and risk, represent a Plan Member in a matter in which another affiliated Firm is representing another party as legal counsel;  

 

(iii) Any action based on acts or occurrences that are alleged to have occurred or conditions that were reasonably anticipated or foreseeable before the Plan Member’s enrollment that did or may give rise to a lawsuit by or against such Plan Member; provided, however, that the Firm may, in its sole discretion and at its own risk, disregard this exclusion;  

 

(iv) Any action that resulted in the prior recruitment or retention by the Plan Member of another attorney; provided, however, that the Firm may, in its sole discretion and at its sole risk, disregard this exclusion;  

 

(v) Any matter involving the laws of jurisdictions outside of the United States or its subdivisions;  

 

(vi) Any appeal to an appellate court (i.e., not a trial court); provided, however, that the Firm may, in its sole discretion and at its sole risk, disregard this exclusion;  

 

(vii) Any matter that, in the Firm’s opinion, is frivolous in nature or objective; or  

 

(viii) Any case matter or requested service that is determined by the Firm to lack sufficient merit to warrant pursuit, or that the Firm decides has been raised an inordinate or unreasonable number of times without a change in circumstances. 

 

b. If the interests of the Primary Member of a Plan Group are adverse to those of another Plan Member in that same Plan Group, only the Primary Member is entitled to receive the applicable Plan Benefits.  

 

4. Not Insurance. The Legal Plans offered through The Trademark Company are not contracts of insurance or indemnification insurance plans and are not regulated as such. The Trademark Company is not an insurance company and does not guarantee legal representation in every situation. The Legal Plans provide The Trademark Company‘s customers with access to free and discounted legal services from member Firms. The Trademark Company does not reimburse or indemnify any Plan Member or pay any Firm for attorney fees or expenses. The Trademark Company makes no payments to Firms in Florida, Georgia, and Massachusetts.  

 

5. Use.  

 

a. General Practices.  

You acknowledge that The Trademark Company may establish general practices and limits concerning use of its Legal Plans, including without limitation the maximum number of complimentary attorney consultations you may receive in a given period of time related to one or all subjects.  

 

b. Right to Change Practices.  

You acknowledge that The Trademark Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. However, you have the right to cancel your membership should we materially decrease benefits. 

 

c. Responsibility for Misuse.  

You are responsible for all expenses incurred or other actions that may occur through your use of a Legal Plan. You must immediately alert us of any fraudulent, unauthorized, illegal, or suspicious use of a Legal Plan, or any other breach of security or unauthorized or illegal activity that you reasonably suspect 

 

6. Authority to Enter Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the legal authority to bind such entity to these terms, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority or if you do not agree with this Agreement, you may not sign up for or use any Legal Plan. If after your purchase we find that you do not have authority to bind the entity for which you ordered, you will be personally responsible for the obligations in this Agreement and the order you placed, including without limitation, the payment obligations. We are not liable for any loss or damage resulting from our reliance on any instruction, notice, document or communication, reasonably believed by us to be genuine and originating from an authorized representative of your company. If there is reasonable doubt about the authenticity of any such instruction, notice, document, or communication, we may, but are not obliged to, require additional authentication from you.  

 

7. Payment.  

 

a. Legal Plan Membership Fees.  

You will be charged in accordance with the billing terms in effect at the time of your initial purchase, unless you are notified of a fee change in accordance with “Fee Adjustments” below. For any Legal Plan you purchase that is charged in full upon purchase, you agree that for each renewal term for such Legal Plan, the amount due for the next term will be due and immediately payable in full as of the first day of that renewed term. For each Legal Plan, your charge remains for each term no matter if you access the service during that term. In other words, EVEN IF YOU DO NOT USE THE LEGAL PLAN BENEFITS OR SPEAK WITH AN ATTORNEY, YOU WILL BE RESPONSIBLE FOR ANY PLAN MEMBERSHIP FEES UNTIL YOU CANCEL YOUR MEMBERSHIP OR IT IS OTHERWISE TERMINATED. For more information regarding canceling your Legal Plan subscription, see the “Termination or Cancellation” section below.  

 

b. Billing.  

To allow payment for the initial term of a Legal Plan, valid credit card information is due at the time of purchase.  

If you have purchased an automatic renewing plan from The Trademark Company, your Legal Plan subscription will renew automatically at the end of the initial term (the “Billing Date”) and at the end of each term thereafter unless and until you give notice of your intention to terminate your Legal Plan subscription pursuant to the terms of this Agreement. If you do not give us notice of such intention, your credit card will be charged for the renewal term of your Legal Plan subscription on your Billing Date. If your purchase date is on the 29th through 31st day of any month, your Billing Date for renewals in months with fewer days will fall on the last day of the month. The Trademark Company may adjust your Billing Date in subsequent renewal periods without notice. This will be reflected by a charge to your account on a pro-rated basis according to the number of days that have passed since the Billing Date of your latest renewal charge. Unless otherwise notified in advance by The Trademark Company pursuant to this Agreement, the renewal charge will be equal to the original purchase price for the Legal Plan 

You agree to pay The Trademark Company the fees associated with your Legal Plan subscription. Additional discounts may be available for members purchasing multiple months up front, as part of certain promotions which may include additional terms and conditions presented with the offer, or where limited by law. A schedule of fees for the Legal Plan subscriptions is set forth below: 

 

Legal Advantage Platinum: $49.99 per month 

 

Legal Advantage Gold: $39.99 per month  

 

c. Notice of Automatic Renewal. 

If applicable, we will send a reminder email to the email address of record for your account approximately one week before your Billing Date. You acknowledge and agree that this notice is provided as a courtesy only, and we are not obligated or required to provide such notice. You acknowledge and agree that (i) your failure to read, (ii) inability to receive, or (iii) the failure of The Trademark Company to send the email does not create any liability on the part of The Trademark Company or any third-party service provider. 

 

d. Attorney Fees.  

Fees for non-complimentary attorney services provided pursuant to a Legal Plan membership shall be paid directly to the providing Firms. Participating Firms and attorneys are not employees or agents of The Trademark Company, and have no financial obligation to The Trademark Company 

 

8. Fee Adjustments. The Trademark Company may increase its fees for any Legal Plan membership effective the first day of a renewal term by giving you notice of the new fees at least thirty (30) days before the beginning of the renewal term. If you do not cancel your membership pursuant to Section 11, you shall be deemed to have accepted the new fee for that renewal term and any subsequent renewal terms (unless the fees are increased in the same manner for a subsequent renewal term). Reductions in fees become effective on the next renewal term without any pro rata for the period covered under the prior fee schedule.  

 

9. Termination or Cancellation.  

 

a. By The Trademark Company 

 

(i) If payment is not made on the Billing Date, as described in Section 8 above, you will have until the one (1) month anniversary of your Billing Date to correct the credit card information on file and post a payment to your account. If after the expiration of this grace period you have not made any payment on your Legal Plan membership, your non-payment may result in suspension of service and subsequent termination of your Legal Plan membership.  

 

(ii) Your right to use a Legal Plan membership is subject to any limits established by The Trademark Company or by your credit card issuer. If payment cannot be charged to your credit card or your charge is returned for any reason, including through a chargeback, The Trademark Company reserves the right, in its sole and absolute discretion, to suspend or terminate your access and account, thereby terminating this Agreement and all obligations of The Trademark Company hereunder. If a charge made to your credit card is declined, The Trademark Company may make up to five (5) attempts to bill that card over a thirty (30) day period.  

 

(iii) If you wish to reactivate your account after such termination, there will be no setup or reactivation fees; provided, however, accounts terminated for non-payment will be reactivated only on receipt of the full amount past due and a written request to reinstate the account. When an expired account is reactivated, the new term begins on the date of reactivation. 

 

b. By Subscriber.  

 

(i) After you have received this Agreement in your Member Center, you have ten (10) days in which to examine it. If during this period you decide that you are not satisfied with the Agreement, you may return the Agreement to us and have any prepaid amounts refunded. If the Agreement is returned and you have not sought legal services pursuant hereto within this time period, the Agreement shall be void from the beginning and the parties shall be in the same position as if this Agreement had not been issued.  

 

(ii) You will have the right to cancel your Legal Plan membership by calling our Customer Care Center at (800) 773-0888 or by cancelling online through the “My Account” portal. After such cancellation, your Legal Plan will remain active until the end of then-applicable period. 

 

c. Services after Termination.  

 

After termination of your Legal Plan membership, either by you or by The Trademark Company, you will not be able to access the corresponding Legal Plan offerings; provided, however, that any access rights to a Legal Plan granted you through a separate channel (e.g., through another Legal Plan membership) will remain in full force and effect unless and until separately terminated or cancelled.  

 

10. Dispute Resolution. The parties agree to arbitrate all disputes and claims pursuant to the Terms of Service of The Trademark Company. A Plan Member has the right to file a complaint with his or her state’s bar association concerning the conduct of an affiliated attorney under the Legal Plan.  

 

11. Professional, Independent Attorney Judgment. Attorneys performing legal services for Legal Plan Members under the terms of this Agreement are not agents or employees of The Trademark Company. Any attorney rendering legal services to Plan Members under a Legal Plan shall maintain the attorney-client relationship with the Plan Member and is solely responsible to the Plan Member for all legal services provided. It is within the sole discretion of the attorney to determine whether claims pertaining to any matter under this Agreement present a frivolous or otherwise unmeritorious claim. Participating attorneys reserve the right to make independent professional judgments regarding such presentations. The Trademark Company will in no way influence or attempt to affect the rendering of professional services of the participating attorneys.  

 

12. Internal Revenue Service (IRS) Circular 230 Tax Advice Disclosure. To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in any communication from The Trademark Company (including information provided by a Firm or an attorney offering a free consultation) is and was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing, or recommending to another party any matters addressed therein. 

 

13. Non-English-Speaking CustomersNon-English translations of these Terms, as well as other terms, conditions, and policies, are provided for convenience onlyIn the event of any ambiguity or conflict between translations, the English version is authoritative and controls. 

 

14. Additional Notices.  

a. Notice to New Jersey Residents: The Trademark Company Business Legal Plan is a registered legal service plan with the New Jersey Administrative Office of the Courts. 

b. Notice to North Carolina Residents: Membership is intended to be paid for in advance of any immediate need for the specified legal services.