Welcome to the supplemental terms of service for TTC Business Solutions, LLC dba The Trademark Company (“The Trademark Company”) subscription products and subscription packages (collectively, the “Subscriptions”) and certain benefits or services provided by third parties and offered through The Trademark Company (collectively, the “Third-Party Services”). These terms shall be referred to as “Supplemental Terms of Service for Subscriptions and Third-Party Services” or “Subscription Terms”. Certain services may be bundled with other products such as a prepaid legal plan (a “Legal Plan Bundle”). Legal Advantage Platinum and Legal Advantage Gold are subject to the terms of The Trademark Company’s Legal Plan Contract.
In addition to the other The Trademark Company terms, these Subscription Terms constitute a legal agreement between you and The Trademark Company detailing the terms of your use of Subscriptions and Third-Party Services. The Subscription Terms are effective on the date you accept them by purchasing or accepting a promotional trial of a Subscription, or by purchasing a package that includes Third-Party Services (the “Effective Date”). Please read these Subscription Terms carefully.
THESE SUBSCRIPTION TERMS, THE TRADEMARK COMPANY TERMS OF SERVICE, PRIVACY POLICY, AND ANY OTHER APPLICABLE TERMS CONSTITUTE THE “AGREEMENT” BETWEEN YOU AND THE TRADEMARK COMPANY. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE AND THE TRADEMARK COMPANY MAY REFUSE ACCESS TO PART OR ALL OF A SUBSCRIPTION FOR NONCOMPLIANCE WITH THE SUBSCRIPTION TERMS. THESE SUBSCRIPTION TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE SERVICE. To request a refund, contact The Trademark Company’s Customer Care Center at (800) 906-8626.
These Subscription Terms address benefits that may or may not be included in your specific package. The sections discussing benefits included in your package apply to you. If you are unsure which benefits are included in your package, contact Customer Care at info@TheTrademarkCompany.com.
The Trademark Company works with partners and affiliates whose websites are linked with The Trademark Company and controlled by parties other than The Trademark Company (each a “Third-Party Site“). The Trademark Company is not responsible for and does not endorse the availability, contents, products, services, or use of any Third-Party Site, any website accessed from a Third-Party Site, or any changes to those sites. The Trademark Company does not guarantee the content or quality of the products or services provided by Third-Party Sites. If you have purchased a package that includes a Third-Party Service, the third party may contact you by email or phone with instructions on how to access your benefits, and you may be required to accept additional terms that are located on the Third-Party Site.
The Trademark Company Branded Services
Law Firm Legal Plan Services. If you have purchased a Legal Plan (Legal Advantage Platinum or Legal Advantage Gold) the following provisions apply to you:
a. Law firm. Your relationship with law firms and/or attorneys participating in The Trademark Company’s Legal Plans is independent of your relationship with The Trademark Company. You further acknowledge you are entitled to select counsel other than that furnished, selected, or approved by The Trademark Company. You agree that should you select counsel other than that furnished, selected, or approved by The Trademark Company it will be at your sole expense.
b. Billing & Payment Terms. The Trademark Company will process payment pursuant to these Subscription Terms for your subscription bundle.
Fees. If you purchase a Subscription, you will be charged either monthly and/or yearly at the beginning of your Subscription Term, depending on the package you selected at the time of purchase. The length of time between when your subscription starts and when it renews (your “Subscription Term”) will depend on the option that you selected at the time of purchase. The Trademark Company currently offers monthly, six-month, and annual subscriptions.
Storage of Payment Methods. By choosing a subscription product or service, you agree that The Trademark Company may store one or more payment methods for your account, and you are authorizing The Trademark Company to charge these payment methods as explained in these terms. We may obtain automatic updates for any expiring credit cards you have provided.
Even if you do not use our products or services, you are responsible for paying the full cost of your subscription until you cancel your subscription or until it is otherwise terminated. For more information about canceling your Subscription, see the Termination and Cancellation section below.
c. Initial Subscription Term. Your Subscription Term begins as soon as your initial payment is processed. The date that your initial payment is processed will be considered your “Billing Date” and will be used to determine when your future payments are due.
If you have chosen to purchase an annual subscription that is paid monthly, you will continue to be billed monthly at the cost agreed to at the time of purchase for the entire year of your initial Subscription Term.
d. Auto-Renewal of your Subscription.
Monthly Subscriptions: If you selected a monthly subscription, your subscription automatically renews each month without notice until you cancel.
Six Month Subscriptions: If you selected a six-month subscription, your subscription automatically renews every six months. You may be sent a reminder email before your subscription renews. Unless required by law in the state where you reside, we are not obligated to provide this notice. If you do not receive a renewal reminder, or we fail to send a renewal reminder, you will still be required to pay for your subscription if you do not cancel the subscription prior to its renewal.
Annual Subscriptions: If you selected an annual subscription, your subscription automatically renews each year. You may be sent a reminder email before your subscription renews. Unless required by law in the state where you reside, we are not obligated to provide this notice. If you do not receive a renewal reminder, or we fail to send a renewal reminder, you will still be required to pay for your subscription if you do not cancel the subscription prior to its renewal.
If you have purchased an annual subscription that is paid annually (referred to as an “Annual plan, prepaid”), you will be responsible for paying the entire annual subscription cost when your subscription renews.
If you have purchased an annual subscription that is paid on a monthly basis (referred to as an “Annual plan, paid monthly”), you will be responsible for paying all twelve monthly payments once your subscription has renewed. Your first monthly payment will be collected at the time of your subscription renewal.
e. Changes in the Cost of your Subscription. The cost of your subscription will be the same as the cost at the time of purchase, unless adjusted by The Trademark Company. In the event of an adjustment, we will notify you in writing in advance of charging the new subscription cost.
f. Changes in your Billing Date. Unless you cancel your subscription, you will be automatically charged for the cost of your subscription on your Billing Date. If your purchase date is on the 29th through the 31st day of any month, your Billing Date for any payments due that in months with fewer days will fall on the last day of the month.
We may adjust your Billing Date and are not required to tell you in advance if we make an adjustment. If we adjust your Billing Date, this will be reflected by a charge to your account on a prorated basis according to the number of days that have passed since the Billing Date of your latest renewal charge.
Use of Service
a. General Practices. You acknowledge that The Trademark Company may establish general practices and limits concerning use of its Subscriptions or Third-Party Services. The Trademark Company is not liable for the deletion of or failure to store any content maintained or transmitted by any Subscription benefit. The Trademark Company may subcontract any obligations required under a Subscription without your consent.
b. Responsibility for Misuse. You may not: (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise make available to any party the benefits granted to you by or any content in your Subscription; or (ii) change, reproduce, reverse engineer, make derivative works based on or referring to, or in any way exploit the licenses you have been granted with your Subscription, or content or source code in your Subscription.
You are responsible for all expenses incurred or other actions that may occur through your use of a Subscription. You must alert us immediately of any fraudulent, unauthorized, illegal, or suspicious use of a Subscription or Subscription benefits, or any other breach of security or unauthorized or illegal activity that you reasonably suspect.
c. Authority to Enter Agreement. If you are entering into these Subscription Terms on behalf of a company or other legal entity, you represent that you have the legal authority to bind that entity to these terms and understand that the terms “you” or “your” refer to that entity. If you do not have that authority or if you do not agree with these Subscription Terms, you may not sign up for or use any Subscription or Third-Party Service. 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 these Subscription Terms and the order you placed, including all payment obligations. The Trademark Company is not liable for any loss or damage resulting from our reliance on any 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 communication, we may, but are not obliged to, require additional authentication from your company.
d. Changes to Subscriptions.
General Changes. The Trademark Company may discontinue the offering of a Subscription, including the functionality, content, or availability of any features of Subscriptions or Third-Party Services, at any time in its sole discretion. We may also impose limits on features and services or restrict your access to all or part of the Subscription. However, you have the right to cancel your membership should we materially decrease benefits. If we add new features to a Subscription the new features will be subject to these Subscription Terms. If you add a product or service to your subscription, The Trademark Company has the discretion to charge you a prorated portion of the costs to align your renewal date with your current subscription. The Trademark Company will provide you notice before doing so.
Fee Adjustments. The Trademark Company may increase Subscription fees by notifying you of new fees at least 30 days before the beginning of a renewal term. The new fees will be effective on the first day of the renewal term. If you do not cancel your subscription, you will be deemed to have accepted the new fees for the renewal term and subsequent renewal terms (unless the fees are increased in the same manner for a subsequent renewal term). Reductions in fees become effective on the first day of the next renewal term without a pro rata adjustment for the period covered under the prior fee schedule.
Renewal Term Adjustments. The Trademark Company offers subscriptions of various lengths. To the extent permitted by law, The Trademark Company may increase or decrease the renewal term at our discretion by notifying you of the new renewal term at least 30 days before the beginning of a renewal term. If you do not cancel your subscription, you will be deemed to have accepted the new renewal term moving forward.
Discontinuation and Replacement of Subscriptions. Should The Trademark Company cease to offer your subscription, we can discontinue your subscription, continue to provide it to you, or provision a replacement (similar or comparable product) at the then-current price. Additional fees may be charged for such replacement subscription. The Trademark Company will notify you of new fees at least 30 days before they become effective.
Termination or Cancellation
a. By The Trademark Company.
Sole Discretion. The Trademark Company may terminate your use of all or part of the Subscriptions or Third-Party Services in its sole discretion. As your sole remedy, we will refund to you any prepaid fees specifically related to the current term of that Subscription or Third-Party Service.
Suspension of Services for Non-Payment. If you have not made any payment on your Subscription within 5 days after your Billing Date, The Trademark Company may suspend your services and terminate that Subscription. If we do not suspend your services or terminate your Subscription immediately, we reserve our right to do so in the future.
Suspension of Services for Returned Payment Your right to use a Subscription 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 may, in its sole and absolute discretion, suspend or terminate your access and account, which will terminate these Subscription Terms and our obligations under them. If a charge made to your credit card is declined, The Trademark Company may make up to five attempts to bill that card over a thirty-day period or until your Subscription is terminated, whichever occurs first.
Reactivation. If you wish to reactivate your account after termination, there will be no setup or reactivation fees. However, if your account was terminated for nonpayment, it will be reactivated only after The Trademark Company receives the full amount past due. If an expired account is reactivated, the new term begins on the reactivation date.
b. By the Subscriber.
Satisfaction Period. You may examine these Subscription Terms for five days after you have received them. If during this period you decide that you are not satisfied with the Subscription Terms, you may have any prepaid amounts refunded less any costs incurred for services received, and these Subscription Terms will be considered voided as if they had not been issued.
Cancellation. For all Subscriptions you may cancel your Subscription at any time by calling our Customer Care Center at (800) 906-8626. After you have cancelled, your Subscription will remain active until the end of then-current period, unless otherwise specified in these terms.
Services After Termination. After your Subscription is terminated or your Membership Term has ended, you will not be able to access the corresponding Subscription offerings.
Other
a. Dispute Resolution. The parties shall arbitrate all disputes and claims pursuant to the Dispute Resolution by Binding Arbitration section of the Terms of Service.
b. Non-English-Speaking Customers. I understand that certain materials on The Trademark Company site, including but not limited to questionnaires, documents, instructions, and filings, are only available in English. Non-English translations of these Terms, as well as other terms, conditions, and policies, are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.
c. Residents of New Jersey / Customers Represented by Counsel Under Our New Jersey Legal Services Plan. Residents of New Jersey and/or customers represented by counsel under our New Jersey Legal Services Plan may report any inaccurate or misleading information they believe is contained in The Trademark Company’s advertising of its Legal Service Plans to the Committee on Attorney Advertising, Hughes Justice Complex, P.O. Box 970, Trenton, New Jersey, 08625-0970. The name an address of both The Trademark Company as well as the plan attorney should be included in the letter.
d. NO GUARANTEE. LAWS, REGULATIONS, AND ADMINISTRATIVE REQUIREMENTS CHANGE OFTEN, AND THEIR APPLICATION AND IMPACT VARY FROM COMPANY TO COMPANY AND INDUSTRY TO INDUSTRY. FORMS, EMAILS AND SMS TEXT MESSAGE COMMUNICATIONS ARE NOT INTENDED TO PROVIDE OR SUBSTITUTE FOR ACCOUNTING, LEGAL, BUSINESS, TAX, OR OTHER PROFESSIONAL ADVICE OR SERVICES. THEY ARE OFFERED FOR INFORMATION PURPOSES ONLY. COMPLIANCE WITH ALL LAWS AND REGULATIONS REMAINS YOUR SOLE AND ABSOLUTE RESPONSIBILITY. BEFORE TAKING ANY BUSINESS OR LEGAL ACTION BASED ON INFORMATION FROM THE SITE, THE LIBRARY OR ANY EMAIL OR SMS TEXT MESSAGE COMMUNICATION, YOU SHOULD CONSULT WITH A FINANCIAL OR LEGAL PROFESSIONAL TO VERIFY DEADLINES AND DETERMINE WHETHER SUCH ACTIONS ARE APPROPRIATE FOR YOU BASED ON YOUR PERSONAL OR BUSINESS NEEDS. WITH THE EXCEPTION OF THE COMPLIANCE PACKAGE FILING GUARANTEE, NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ARE GIVEN REGARDING THE LEGAL OR OTHER CONSEQUENCES RESULTING FROM THE USE OF ANY SUBSCRIPTION.
Updated: March 18, 2022
