Supplemental Terms of Service

Welcome to the Supplemental Terms of Service ("Terms") for US Imports (“US Imports”) for:

A. U.S. Agent, resident agent and agent for foreign supplier verification program (“FSVP”) (whichever is applicable, collectively referred to as the “U.S. Agent Service(s)”).  U.S. Agent Services may be sold as a standalone product or bundled with other US Imports packages.

In addition to the other US Imports terms, these supplemental terms of service (the “U.S. Agent Terms of Service” or “Supplemental Terms”) constitute a legal agreement between you and US Imports detailing your use of the US Imports' U.S. Agent Services. This Agreement, and its terms, conditions, limitations and requirements, is effective as of the date you accept its terms by purchasing the U.S. Agent Services or purchasing a package that includes U.S. Agent Services (the “Effective Date”).  Please read these Supplemental Terms carefully.

THIS AGREEMENT, THE US IMPORTS TERMS OF USE, TERMS OF SERVICE, PRIVACY POLICY AND ANY OTHER APPLICABLE TERMS, CONSTITUTE THE “AGREEMENT” BETWEEN YOU AND US IMPORTS. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS OR DELETIONS ARE NOT ACCEPTABLE AND US IMPORTS MAY REFUSE OR DENY USE OF THE U.S. AGENT SERVICE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT. These Supplemental Terms affect your legal rights and obligations. If you do not agree to be bound by all of these Supplemental Terms, do not purchase, access or use the U.S. Agent Services.

1. Description of U.S. Agent Services. You are purchasing U.S. Agent Services for a specific company.  US Imports agrees to serve as the U.S. Agent for the company specified in your order during the period of time (“U.S. Agent Service Term”) purchased. 

a. Service Provider. 

You acknowledge and agree that US Imports does or may work with third-party providers and sub-providers (each, a “US Imports U.S. Agent” or “U.S. Agent”) of our choice to provide some or all of the U.S. Agent Services. You acknowledge and agree that any such U.S. Agent may provide U.S. Agent Services to you.

b. Agency Communication. 

You authorize your U.S. Agent to receive official government agency communication and any items covered by the respective statute, rule or regulation applicable to the U.S. Agent Services (collectively, “Agency Mail”) on your behalf. You further authorize your U.S. Agent to scan and upload the Agency Mail received on your behalf into your account.

c. Not a Mailing Address. 

Except as otherwise specified in this Agreement, your U.S. Agent’s services are limited to the receipt and forwarding of Agency Mail, and do not include the provision of a business or mailing address independent of such statute, rule, regulation or contract. Your U.S. Agent has no obligation to forward any items received pursuant to any unauthorized use of your U.S. Agent’s address (the “Registered Address”) and neither your U.S. Agent nor US Imports assumes liability to you or any other party for loss of such items. You assume all liability for such losses regardless of whether you had approved or initiated the unauthorized use. Your U.S. Agent may seek reimbursement from you for any and all costs incurred in connection with the unauthorized use of the Registered Address. Your Registered Address is for the primary purpose of fulfilling Federal requirements for a United States agent and such address may be used only to receive Agency Mail on your behalf. Unless otherwise specified, the primary business address you list on any filed document needs to reflect the primary business address your company operates from, regardless of what state or country that address is in. 

d. Representation of Registered Address. 

You agree not to represent or misleadingly suggest, whether orally, in writing, photographically, or otherwise, that the Registered Address is your place of business, your location of operations or business records (except for records required to be maintained by the U.S. Agent for compliance with FSVP), or is a physical address at which third parties can find you. You may not list the Registered Address in your company’s public media, including in or on business cards, brochures, websites or emails. 

e. Misdirected Mail. 

You acknowledge that your U.S. Agent delivers Agency Mail to users; it does not warrant that Agency Mail will never be misdelivered. You acknowledge that in such cases neither US Imports nor your U.S. Agent is liable to the intended recipient. Your U.S. Agent will make its best efforts to notify both the intended recipient and the unintended recipient promptly on discovery of the error and seek prompt retrieval of the item from the unintended recipient. 

f. Customer-Returned Mail. 

If you refuse or fail to accept Agency Mail forwarded to you from your U.S. Agent pursuant to this Agreement, you will bear any costs of return shipping and re-induction of the Agency Mail. At the request of US Imports or your U.S. Agent, you must sign for or otherwise acknowledge your acceptance of all Agency Mail sent to you by your U.S. Agent. 

g. Customer Responsibility to Provide Accurate and Updated Information. 

It is your responsibility to contact US Imports with changes to your contact information and business status (such as dissolved or inactive) within 30 days of the change. Failure to do so may result in the termination of your services. You acknowledge that neither US Imports nor your U.S. Agent is liable to you for damages resulting from your failure to update or provide accurate information to US Imports.

2. General Practices Regarding Use and Storage. You acknowledge that US Imports may establish general practices and limits concerning use of the U.S. Agent Services. You agree that US Imports has no responsibility or liability for the deletion or failure to store any Agency Mail, messages, communications, or other content received or transmitted. US Imports may subcontract any U.S. Agent Services or any work, obligations or other performance required under U.S. Agent Services without your consent. Unless explicitly stated otherwise, any new features that augment or enhance the current U.S. Agent Service are subject to these U.S. Agent Terms of Service.

3. Updates to Terms. You acknowledge that US Imports reserves the right to change these U.S. Agent Terms of Service at any time (“Updated Terms”), in its sole discretion, with or without notice. You agree that we may notify you of the Updated Terms by posting them on the Site, and that your use of the U.S. Agent Services after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the U.S. Agent Services from that point forward. These U.S. Agent Terms of Service will govern any disputes arising before the date of the Updated Terms. If you do not agree with an update, you may terminate your U.S. Agent Services. To do so, see the Resignation Due to Termination paragraph below.

4. Your Information.  You, not US Imports, have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of your information, and US Imports is not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any such information. US Imports reserves the right to withhold, remove and/or discard your information without notice for any breach, including, without limitation, your non-payment. 

You must immediately alert us of any fraudulent, unauthorized, illegal or suspicious use of the U.S. Agent Services or any other breach of security or unauthorized or illegal activity that you reasonably suspect. 

5. Authority to Enter Agreement. If you are entering into these U.S. Agent Terms of Service on behalf of a company or other legal entity, you represent that you have the legal authority to bind such entity to this Agreement, 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 these Supplemental Terms, you may not sign up for or use the U.S. Agent Services. 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 Supplemental Terms and the order you placed, including without limitation, the payment obligations. We shall not be 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. 

6. Payment.

a. Fees.

You must pay all fees, including filing fees, related to your account in accordance with the terms at the time of your purchase, even if you do not receive U.S. agent mail, until you cancel your U.S. Agent Service or it is otherwise terminated and your obligations under Paragraph 8c(ii) are fulfilled.

US Imports may increase its fees for U.S. Agent Services effective the first day of a U.S. Agent Service Term by giving you notice of the new fees at least thirty (30) days before the beginning of the U.S. Agent Service Term. If you do not cancel your U.S. Agent Service and fulfill your obligations under Paragraph 8c(ii), you will be deemed to have accepted the new fee 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 refund for the then-current term.  

If you add a product or service to your subscription, US Imports has the discretion to charge you a prorated portion of the cost to align your renewal date with your current subscription. US Imports will provide you notice before doing so.

If you fail to pay for your U.S. Agent Service, whether for the current or a prior renewal term, US Imports reserves the right to suspend the ability to access previously viewed Agency Mail in your account.

b. Billing. 

You must provide valid credit card information at the time of purchase to allow payment for the initial U.S. Agent Service Term (the “Initial Term”). Payment for the Initial Term is due as directed in your purchase.

i. Non-automatically Renewing Service

If you have not opted for automatic renewal of your U.S. Agent Service, renewal will be invoiced approximately two months before the start date of such renewal terms, with date due set no later than the first day of the renewal term (“Billing Date”). If a charge made to your account is declined, US Imports may make up to five attempts to bill that card over a thirty-day period.    

ii. Automatically Renewing Service

For automatically renewing U.S. Agent Services, your U.S. Agent Service will renew automatically at the end of the Initial Term and at the end of each successive renewal term (each a “Billing Date”), until you notify us that you want to terminate your U.S. Agent Service under this Agreement or your U.S. Agent Service is otherwise terminated. If you do not notify us, your credit card will automatically be charged for the renewal term of your U.S. Agent Service on your Billing Date.

US Imports may adjust your Billing Date in subsequent renewal periods without notice. 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. Unless US Imports otherwise notifies you in advance under this Agreement, the renewal charge will be equal to the original purchase price paid for the U.S. Agent Service. If a charge made to your account is declined, US Imports may make up to five attempts to bill that card over a thirty-day period. US Imports may obtain automatic updates for any expiring credit cards you have provided.

c. Notice of Automatic Renewal.

We may send a reminder email to your account’s email address of record before your Billing Date. Unless required by law in the state where you reside, US Imports is not obligated to provide this notice. You acknowledge that (i) your failure to read, (ii) your inability to receive or (iii) US Imports’ failure to send the email creates no liability for US Imports or any third-party service.

d. Cancellation of Automatic Renewal. 

Cancellation of your automatic renewal terminates your U.S. Agent Service. To cancel the automatic renewal of your U.S. Agent Service, you must notify US Imports of your intent to cancel by emailing our Customer Service at [email protected] or by cancelling online through the “My Account” portal. US Imports agrees that when it receives notice of this cancellation, no further charges will be billed to your credit card automatically subject to Your Obligations on Termination or Cancellation, Section 8, below. In the event you cancel your automatic renewal of the U.S. Agent Service after the date of renewal but less than thirty (30) days following such renewal, US Imports will refund your renewal fee minus twenty-five percent (25%). If cancellation is requested more than thirty (30) days following renewal, no refund will be applicable.

7. Changes to Service

US Imports may change the offering of U.S. Agent Agent services, including the functionality, content or availability of any features of the 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 service. However, you have the right to cancel your membership should we materially decrease benefits. If we add new features to the service, including adding third-party services, the new features will be subject to these Supplemental Terms.

Should US Imports offer multiple versions of its U.S. Agent Agent services, and cease to offer a service you have selected, 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 services. US Imports will notify you of new fees at least 30 days before they become effective.

8. Termination or Cancellation.

a. By US Imports.

US Imports may terminate your U.S. Agent Service and resign, with proper notice if required by law, as your agent. Reasons for termination may include: 1) your failure to provide accurate, complete and current information as requested or required by US Imports or your U.S. Agent, 2) the inability to locate you after reasonable and diligent efforts are made, 3) your failure to pay, 4) suspected illegal activity, or 5) any other lawful reason.

As your sole remedy, US Imports will refund you any prepaid fees specifically related to the current U.S. Agent Service Term.

b. By Customer.

You may cancel your U.S. Agent Service by emailing our Customer Service at [email protected] or by cancelling online through the “My Account” portal. After you have cancelled, your U.S. Agent Service will remain active until you have fulfilled your obligations pursuant to Paragraph 8c(ii) below.

c. Your Obligations on Termination or Cancellation. 

After termination by US Imports or termination or cancellation by Customer and at the end of the then-applicable Term, you agree that:

i. You are responsible for all expenses incurred by your use of the U.S. Agent Services after termination or cancellation including, but not limited to, shipping charges incurred to forward Agency Mail received on your behalf.

ii. You must assign another agent or act as your own agent, where lawful, and must pay all fees related to changing your agent (including appointment and/or registration fees). In addition, you must notify US Imports that you have properly changed agents by the next Billing Date and provide US Imports with satisfactory written proof that the US Imports U.S. Agent is no longer listed as your agent.  You can notify US Imports by email or through the “My Account” portal. If you fail to provide US Imports with satisfactory written proof of your change of the US Imports U.S. Agent as your agent or of your discontinuation of business operations, you will continue to incur charges for US Imports U.S. Agent Services until such proof is provided.

iii. After you replace US Imports as your agent, or US Imports otherwise resigns, any Agency Mail that your U.S. Agent receives on your behalf will be marked “Return to Sender” if it is first class mail or destroyed if it is not. You waive and release your U.S. Agent from compliance with any obligation to forward or re-mail Agency Mail received after your subscription has been terminated and specifically agree that your U.S. Agent has no obligation to forward or re-mail Agency Mail to you except as expressly stated in this Agreement. You agree to hold US Imports, your U.S. Agent and the affiliates of each harmless from any claim to the contrary.

iv. You acknowledge that you have sole responsibility for notifying senders (including all government agencies) of your new agent address.

v. In the event this Agreement is terminated (other than by reason of your breach), US Imports will make available to you a file of your U.S. Agent Services account content (“Customer Data”) within 30 days of termination if you so request at that time.  You may be required to pay reasonable copy and shipping charges associated with your request. You agree and acknowledge that US Imports has no obligation to retain the Customer Data and may delete such Customer Data a minimum of 30 days after termination.

9. Non-English-Speaking Customers.  Non-English translations of these Terms, as well as other terms, conditions, and policies, may be provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.

10. Indemnification.  You agree to protect, defend, indemnify and hold US Imports harmless from and against any and all claims, causes of action, liabilities, judgments, penalties, losses, costs, damages and expenses (including attorneys’ fees and all related costs and expenses of litigation at arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted) suffered or incurred by us, including, without limitation, any claim for personal injury or property damage, arising from:

a. This Agreement;

b. The U.S. Agent Services provided to you;

c. Your use of the U.S. Agent Services, including without limitation any copyright infringement claims that could arise from your U.S. Agent scanning Agency Mail or other documents;

d. The failure of any third party, USPS or any commercial delivery or courier service, to provide delivery or courier services accurately and on time;

e. Loss, damage or destruction of your Agency Mail by any cause whatsoever whether or not attributable to our negligence or intentional act;

f. Any violation by you of any federal, state or local laws, statutes, rules or regulations; and

g. US Imports or its agents being named as defendant in an action based on your alleged or actual conduct.

For purposes of this Agreement, the indemnified parties shall include US Imports and its owners, affiliates, subsidiaries, parents, shareholders, members, successors, assigns, representatives, franchisees, officers, directors, agents, attorneys and employees. 

11. Limitation of Liability.

YOU AGREE AND ACKNOWLEDGE THAT NEITHER US IMPORTS NOR YOUR U.S. AGENT IS LIABLE FOR ANY DAMAGE TO AGENCY MAIL OR LOSS OF AGENCY MAIL DURING OR AFTER MAILING OR SHIPMENT TO YOU. NEITHER US IMPORTS NOR YOUR U.S. AGENT IS RESPONSIBLE FOR AGENCY MAIL FOR WHICH THERE IS NO RECORD OF RECEIPT BY EITHER OF US. ANY ADDITIONAL INSURANCE IN EXCESS OF THE STANDARD AMOUNT INSURED BY CARRIERS, IF ANY, MUST BE AUTHORIZED AND PAID FOR IN ADVANCE BY YOU. YOU ACKNOWLEDGE AND AGREE THAT NEITHER US IMPORTS NOR YOUR U.S. AGENT HAS ANY RESPONSIBILITY OR OBLIGATION TO INSURE ANY AGENCY MAIL OR SHIPMENTS SENT TO YOU.

NEITHER US IMPORTS NOR YOUR U.S. AGENT SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED, IN WHOLE OR IN PART, BY NEGLIGENT ACTS OR OMISSIONS IN COMPILING, COLLECTING, PROCESSING, COMMUNICATING OR DELIVERING AGENCY MAIL OR HANDLING PHYSICAL OR DIGITAL DOCUMENTS, DIRECTLY OR INDIRECTLY. YOU AGREE AND ACKNOWLEDGE THAT THE TOTAL AMOUNT OF OUR LIABILITY, IF ANY, FOR ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, LOSSES OR JUDGMENTS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID FOR THE U.S. AGENT SERVICE WITHOUT REGARD TO THE NATURE OF THE CLAIM, LOSS OR DAMAGE INCURRED, EXCEPT AS PROVIDED IN THE DISPUTE RESOLUTION BY BINDING ARBITRATION SECTION OF THE TERMS OF SERVICE. NEITHER US IMPORTS NOR YOUR U.S. AGENT SHALL BE LIABLE FOR ANY OTHER LOSS, CLAIM, DAMAGE OR INJURY ARISING OUT OF, RELATED TO, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE PROVISION OF ANY SERVICES PURSUANT TO THIS AGREEMENT.

B. Trademarks.

I affirm that I am the owner of the Prospective Trademark or am authorized by the prospective Trademark Owner to engage a law firm for representation regarding the trademark that is contemplated in the foregoing trademark workflow. The Trademark Owner (“Client”) understands that the law firm of Morsel Law PLC (www.morsellaw.com, the “Firm”) may be representing solely the Trademark Owner with respect to this U.S. trademark matter only after a successful check. Client understands that this Firm’s representation does not extend to any foreign trademark matters or to any other party other than Client. This Service Agreement shall not be read as to invite or create an attorney client relationship with anyone other than the prospective owner of the trademark.

I warrant, on behalf of the Client, all of the following:

Client understands these Terms of Service for Trademark (these “Trademark Terms”) will serve as an Engagement Letter and Attorney-Client Fee Agreement with Client if signed by me on behalf of Client and then accepted by the Firm after conflict check, and any and all disputes arising from this agreement will be resolved through private, binding arbitration rather than litigation as described herein. Client fully understand that in order to best protect the interests of the Client, the law firm of Morsel Law PLC, a Michigan professional limited liability company, will deposit any funds paid for all United States legal services into an IOLTA escrow trust 

Client understand that if Client decides to file a trademark application in the United States, the Client may be represented by U.S. licensed attorneys at the Firm's law offices after a successful conflict check. Client understands that the scope of representation is limited to representation through the registration process of the trademark. Absent an agreement in writing to the contrary, representation shall end sixty (60) days after a mark becomes registered or abandoned. Representation will end in the event that the mark is assigned to a different owner. In the event that the mark is later assigned to a different owner by Client or assignees, Client understands that the future owner will not be a Client of the Firm unless a separate Engagement Letter is entered in with the future owner. I warrant on behalf of the Client that Client understands, gives consent, and gives Power of Attorney to the law firm of Morsel Law PLC, to represent Client on trademark matters before the United States Trademark Office based on a successful conflict check. 

Client understand that he/she must communicate confidential information only through the licensed attorney with whom Client has an attorney/client relationship at the Firm. Client understands that there is a wall and electronic confidentiality agreement between communications between employees of US Imports and Firm with respect to any confidential materials. Client understands that attorneys at the Firm will not share confidential information with US Imports customer service representatives. Client understands that attorneys at Firm are able to advise me only on federal U.S. legal issues and/or state law questions in states in which attorneys at the Firm are licensed only.

Client understands that, from time to time, the Firm may hire licensed attorneys on fixed fee contractual basis to assist internal attorneys employed by the Firm in the initial review of new trademark filings, initial review of statements of use, and in the initial preparation of Office Action responses when business circumstances warrant (e.g., peak season overload, quality improvement, preparation time reduction) at the Firm's sole option. The Firm will verify that any attorney the Firm chooses to hire on a contractual basis is licensed, and in good standing, with a State Bar in which they are licensed. Further, the Firm will ensure any licensed attorney hired as a contractor to the Firm signs a confidentiality agreement with the Firm for all work product produced for review and final approval by internal attorneys employed by the Firm.   

To further protect client confidences, the Firm will ask each contract attorney to separately check for conflicts before working on any matters contracted. Client hereby understands that these contract attorneys may be paid on a fixed fee basis, in proportion to the services performed. Client understands that he/she will not be separately billed for the services performed by the contract attorney of the Firm for flat fee services. Further, Client understands that the fees of any contract attorneys of the Firm will be directly negotiated and paid by the Firm, and will generally be approximately one quarter to one third percentage of the flat fees collected from me. All work product prepared by contract attorneys will be finally reviewed and signed off by attorneys employed by the Firm.

By agreeing to these Trademark Terms, I warrant that the Client, hereby provides informed, written consent to the Firm to employ licensed contract attorneys of its choice per the terms defined herein, and Client agrees to the participation of all lawyers, both internal and contract attorneys, involved in the performance of services performed by the Firm on the Client’s behalf.

Client understands that he/she is free to choose any licensed U.S. trademark attorney for representation by not using the US Imports website, and that a complete list of registered attorneys licensed to practice U.S. federal trademark law may be obtained by contacting a State Bar in my state.

Firm may refund or offer satisfaction credit for non-legal services that have not been completed upon my request in email or writing only, and such a request must be made to [email protected] within five (5) days of purchase. Client understands that any purchase of non-legal services he/she orders from US Imports are final and no refunds will be issued once the service has been completed. After five (5) days, no refunds will be given for such orders, and all such sales are final. When requesting a refund, Client agrees to make clear who such refund should be sent to, and if applicable, who to make a check payable to, proof of authority to speak on behalf of purchaser or proof of identification as the purchaser, as well as provide the address to which any check may be mailed. Client agrees to accept a check for any refund provided and that he/she will notify Firm of my request in writing for a refund within five (5) days of purchase.

National Rights

Client understands the rights granted by a U.S. trademark extend only throughout the territory of the United States and have no effect in any foreign country. Client understands almost every country has its own trademark law, and Client desiring a trademark in a particular country must make an application for trademark in that country, in accordance with the requirements of that country. Client further acknowledges and waives any rights to conflicts between marks secured by third-parties using the technology of the Firm or US Imports in foreign countries in which I have not registered my trademark.

Scope of Representation:  Morsel Law PLC Terms of Engagement

For U.S. trademark matters, these terms of service and representation agreement ("Agreement") is entered into by and between Morsel Law PLC ("Firm") and the person who requests the U.S. trademark related services (“Prospective Client” or "Client"). This Agreement becomes effective on the date Client requests the services described below, and only if Client elects to make such a request.

I hereby understand, give consent, and give Power of Firm to the law firm of Morsel Law PLC to represent me on trademark matters before the United States Trademark Office based on a successful conflict check. For U.S. trademark matters only, the Trademark Owner (“Client”) understands that Firm will provide representation only after a successful conflict check, at which point Trademark Owner will become the Client. Until that time, the Trademark Owner will be a Prospective Client of the Firm only. 

1. Limited Scope of Services

For Basic and Advanced packages, Client retains Firm to (1) prepare and file a trademark application based on the information given to Firm by Client electronically through the USImports.us website and (2) serve as an attorney contact for future correspondence between the USPTO and the Client. In addition to this, in the Deluxe trademark packages (Limited Scope of Services) described on the USImports.us website (the (“Site”), Client retains Firm to provide additional services including:

• an initial email to the Client that confirms the information electronically provided by Client; and
• one (1) procedural response to Office Action from government agencies.

Therefore, and as examples only, EXCLUDED from the Limited Scope of Services are:

• discussion on state trademarks and/or state law;
• assessment of common law rights by others that might preclude you from securing common law rights or acquiring federal registration;
• responses to Office Actions from government agencies (other than as specifically listed above in the Limited Scope of Services);
• responses to Cease and Desist challenges from parties disputing ownership;
• responses to Opposition proceedings against your trademark;
• review, analysis and formal opinion of prior art or trademark search results;
• appeals to the Trademark Trials and Appeals Board (TTAB);
• assessment of originality of mark;
• assessment of ownership;
• assessment of likelihood of confusion challenges;
• assessment of statutory and court-sanctioned bars to trademarkability;
• infringement of trademarks owned by others; or
• Examination and assessment of any of your previously filed trademarks and any recommendations thereto.

Client may retain Firm to provide all or some of the excluded services under a separate engagement agreement.

2.  Service Fees/Costs

For the Limited Scope of Services, and prior to the commencement of services, Client agrees to pay Firm the charges described herein.

Furthermore Client expressly agrees that for Basic, Advanced and Deluxe Packages, Firm's fees are earned once any one of the following conditions are met:

• Firm has conducted a preliminary review of the filing information submitted by Client.
• Firm has sent correspondence to Client regarding any issues related to the preparation of Client's pending trademark application order, including but not limited to, requests for Proof of Use, changing to the Identification of Goods and/or Services, and results of a Direct Conflict search.
• Firm commences any of the limited scope of services outlined in the Limited Scope of Services of Section 1.

The Firm charges standard fixed fee rates, and/or hourly fees based on the type of matter and other considerations for which fees are calculated based on the standard rates of the partners, associates and paralegals of the Firm that perform services on the Client’s behalf.

3.  Cancellation Policy

The Limited Scope of Services may be canceled by Client prior to the time Firm commences work on the Limited Scope of Services. Service fees are non-refundable any time after Firm commences the Limited Scope of Services.

4.  No Guarantee

(a) 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.

(b) Client understands that the time limitation for the Limited Scope of Services could be disadvantageous to Client. For example, Firm cannot and does not make any representation that all of Client's questions can be fully explored and discussed. Therefore, important aspects of Client's business interests, mark likelihood of challenges by other parties and/or Client's situation may not be addressed. If important aspects are not covered, this may negatively affect the scope and/or accuracy of the consultation.

(c) Client understands that Firm is available for a supplemental consultation if Client believes that the Limited Scope of Services was insufficient for Client's needs.

(d) Client understands that Firm cannot file an Office Action response on their behalf if the time limit given by the government has expired. In such instances, if an Office Action response request is made by the Client after the time limit given by the government has expired, Client hereby authorizes the Firm to file a Petition to Revive the trademark application if such an option is still available and to charge the applicable government fee associated with a Petition to Revive to the payment information provided by the Client. If the option is no longer available, Firm will refund all escrow IOLTA funds related to such a request to the Client.

5.  USPTO Filing/Public Information

Once the Client’s application is submitted, Client understands that the USPTO will not cancel the filing or refund fees paid. The government filing fee is a processing fee, which is not refunded even if the USPTO cannot issue a registration after a substantive review. This is true regardless of how soon after submission Client might attempt to request cancellation of the filing. Therefore, Firm requests that Client review all information submitted carefully prior to submission.

All information submitted to the USPTO at any point in the application and/or registration process will become public record, which may include the ownership name, phone number, email address or street address. By authorizing Firm to file the application, any response, or submission to the USPTO, Client acknowledges that CLIENT HAS NO RIGHT TO CONFIDENTIALITY in the information provided. The public will be able to view this information in the USPTO’s online database and through internet search engines and other online databases. This information will remain public even if the application is later abandoned or any resulting registration is surrendered, canceled, or expired. For any information that may be subject to copyright protection, Client represents that he or she has the authority to grant, and is granting, US Imports and the USPTO permission to make the information public in its online database and in copies of the application or registration record.

6.  Consent to Firm for Changes and/or Discretion

Client agrees and authorizes Firm to make changes to Client's trademark application for the purpose of facilitating registration of Client's trademark application in accordance with applicable law. These changes include, but are not limited to the following:

• The identification of goods and/or services including classes and descriptions provided by Client for legal accuracy.
• Any changes proposed by the governmental or trademark-issuing body overseeing Client's trademark application, including but not limited not, disclaimers, translation statements, drawing descriptions, and changes to identification of goods and services.

(a)  Proof of Use/Specimens

Where Client requests filing of a 1(a) Use-In-Commerce trademark application with the USPTO, Client expressly agrees and authorizes Firm to examine the validity, authenticity, applicability, appropriateness, and suitability of the proofs of use/specimens (“specimens”) submitted by Client. Client expressly agrees not to submit to Firm any fraudulent or fabricated specimens of use to the Firm. Client understands that under United States law, a trademark must be used in commerce in the territory of the United States consistent with the description and classification selected to qualify as a 1(a) Use-In-Commerce trademark filing.        

Where such specimens are not sufficient, Client agrees and authorizes Firm to conduct an on-line search for alternate acceptable specimens on the Client’s website, and to file such specimens with Client's application if the Firm determines that such specimens are authentic, valid, and not fraudulent based on the statements provided by the Client to the Firm by the Client. Firm will exercise its best efforts and discretion to ensure the accuracy, legitimacy, and validity of such specimens submitted to it consistent with United States law.

Where Firm requests Client to provide alternate specimens, if Client fails to provide the requested alternate specimens within seventy-two (72) hours of Firm's initial request, Client agrees and authorizes Firm to file with the current specimens provided and/or other specimens deemed acceptable by Firm or file their application as an Intent to Use 1(b) filing based on the discretion of the Firm to protect the Client’s interests.

Where Client does not provide proof of use that is accurate, valid and acceptable or fails to provide any proof of use, Client authorizes Firm to file the application as a Section 1(b) “Intent To Use” application. If Client does not provide proof of use, Client expressly and voluntarily declares that Client has a bona fide intention to use or use through any related Company or firm or licensee, the mark in commerce in the United States or in connection with the identified goods and/or services, and understands that additional fees to show proof of use may apply if the application is accepted by the United States Patent & Trademark Office (USPTO).  The Firm reserves the right to drop power of attorney if evidence is sufficient to determine that the Client has provided a fraudulent specimen to the Firm in an effort to deceive the Firm or the USPTO of legitimate use in commerce in the United States or in a foreign country.

(b)  Logo Mark Applications

Where Client requests filing of a logo mark application, Client agrees and authorizes Firm to file the logo mark application based upon the colors expressly claimed and/or featured on the logo mark submitted by Client or in Black and White (B&W) format if the Firm feels that their interests would be better protected if no color claims are made to preserve rights in any color based on the professional discretion of the Firm to best protect the Client’s interests. Client expressly acknowledges that it is their responsibility to request, in writing, that a logo mark be filed without or without a color claim if desired.

7.  Representations of Client

In providing Firm with any information and/or materials to be used in conjunction with Client's request for trademark legal services, Client expressly and voluntarily declares that:

(a) Client believes they are entitled to use the applied-for or at-issue mark in commerce, and that they are the owner of the trademark/service mark sought to be registered.

(b) To Client's best of their knowledge and belief, no other person, firm, corporation or association has the right to use the 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 Firm are true; and that all statements made on information and belief are believed to be true;

(d) Client acknowledges and understands that Firm may reasonably rely upon any information and/or materials provided by Client to be used in conjunction with Client's request for trademark legal services;

(e) 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 and may jeopardize the validity of the application or submission or any registration resulting therefrom;

(f) Client understands that filing of a Section 1(b) "Intent to Use" as the filing basis requires the Client to do the following before the mark can register: (1) begin using the mark in commerce in the territory of the United States consistent with a good/service associated with the description and classification selected; and (2) file an Allegation of Use that includes a valid specimen of this use in commerce within the United States and an additional fee. Furthermore, even if the application has already been approved, examination of the Allegation of Use may result in the examining attorney issuing a refusal;

(g) Client expressly agrees not to submit to Firm any fraudulent or fabricated specimens of use to the Firm. Client understands that under United States law, a trademark must be used in commerce in the territory of the United States consistent with the description and classification selected to qualify as a 1(a) Use-In-Commerce trademark filing;   

(h) Client believes the specimen(s) shows the mark as used on or in connection with the goods/services in the application when filing under Section 1(a) as a use in commerce trademark;

(i) To the best of the Client's and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive;

(j)  To the best of the Client's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support;

(k) The Client declares that all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true; and

(l)  Where Client fails to adhere to any of the provisions listed in Section 7(a)-(k) above, Client indemnifies, absolves and holds harmless Firm from any liability stemming from Client's failure to adhere to the provisions of this Section 7 contained herein.

8.  Choice of Firm

Client agrees and authorizes the Firm to select any licensed U.S. trademark attorney at the Firm to work on the client's matter at Firm's discretion. If Client wishes to request a specific attorney at the Firm to work on their matter, Client must notify the firm within forty-eight (48) hours of making their initial request for legal services. Client acknowledges that their request is subject to the availability and consent of the requested attorney, and that the ultimate selection in attorneys lies with the Firm in the absence of a specific directive from the Client. 

Prospective Client understands and hereby acknowledges that by agreeing to these Trademark Terms that Prospective Client grants and provides informed consent to the Firm to earn legal fees for their United States trademark application, and optionally file their trademark application if the Firm determines that there are reasonable grounds to proceed to best protect the Client’s interests, if no response is received from the Prospective Client in written email response within three (3) business days after the Firm sends to the Prospective Client an email outlining risk of refusal for issues including but not limited to: vagueness and incompleteness in proof of use, classification selection(s), description provided, risk of likelihood of confusion or other challenges or concerns that may be posed that create roadblocks and/or prevent the registration of their trademark.

Further, the Prospective Client understands and hereby acknowledges granting informed consent to the Firm, that Prospective Client understands that there is a chance for an initial refusal based on issues including but not limited to disclaimers, classification, description of goods and services, a likelihood of confusion  or other third party challenge against their mark, which will require a separate retainer payment of $399 to $999 (based on complexity of the response required) should that risk materialize in the form of an Office Action by the USPTO, and/or $1500+ if a third party opposition and/or cancellation proceeding is initiated against their mark. The Prospective Client hereby acknowledges being informed of these risks. Client acknowledges that the above rates may change from time to at the sole discretion of the Firm.

Prospective Client hereby agrees to timely respond to email or telephonic communications by the Firm with the Prospective Client with respect to legal matters within three (3) business days. The Prospective Client understands that failure to respond to official communications by the Firm with respect to Office Action, Notice of Allowance, or Dispute matters can result in the loss of rights and/or additional legal fees incurred by the Prospective Client, and owed to the Firm, when the Firm prepares a complete or partial response based on information already provided to the Firm to preserve the Prospective Client's legal rights because of an impending deadline and a lack of timely response by the Prospective Client. The Prospective Client understands that they will receive a bill for these services in the instance that the Firm responds on their behalf because of a lack of communication by the Prospective Client, and expressly agrees to timely pay these invoices for services rendered (between $399 to $999 depending on complexity of response).

The Prospective Client also hereby acknowledges that government fees paid by the Firm on the Prospective Client's behalf are non-refundable, as the United States Trademark Office does not offer refunds. In the event a client is not satisfied with the services provided by the Firm, the Firm may grant client satisfaction credit for its legal fees portion only to be used for future services by Firm at its sole option.  

Furthermore, the Prospective Client hereby understands that legal fees to the Firm are earned regardless of whether the mark is actually filed upon commencing of substantive work reviewing a trademark filing matter, as professional legal counsel to not proceed with a filing is legal advice and counsel which can save the Prospective Client substantial and non-refundable government fees, marketing expenses, branding expenses, advertising expenses, and loss in goodwill, among other business expenses in trying to pursue a name, logo, or slogan that is not likely to be registrable as a federal trademark. Client hereby is informed and hereby understands that providing legal counsel to the client to not proceed requires substantive review and legal analysis (e.g., search, analysis of prior marks, and opinion) by attorneys of the Firm, and this is valuable consideration for legal fees earned.

Further, the Prospective Client hereby provides informed consent to the Firm to modify their description of goods and services and classification selection based on the sole discretion of the Firm's attorneys representing the Prospective Client's interests based solely on the information provided to the Firm by Client on USImports.us based on submitted proof of use.   

9.  General Responsibilities of Firm and Client

It will be the Client’s continuing obligation to assist the Firm in the Client’s representation and provide the Firm with any relevant information requested by the Firm in the scope of representation. It is the Client's continuing duty to inform the Firm of the identity of any person(s) or corporation(s) who is/are adverse to Client or in conflict with the Client with respect to those legal matters as to which the Firm is representing Client.

Client agrees to provide complete and accurate information to Firm's attorneys, to cooperate, to keep Firm's attorneys informed of any important developments which may come to Client's attention, to abide by this Agreement, to pay Firm's bill on time and to keep Firm advised of Client's address, telephone number and whereabouts.  

Firm will keep the Client apprised of significant developments in the performance of our services as required by the applicable Rules of Professional Conduct. We will also consult with the Client as necessary to ensure the timely, effective and efficient completion of our work. Unless the Client instructs us otherwise in writing, our communications with Client may be through email without encryption (with the risk that a third party may intercept an unencrypted communication). Attorney’s at the Firm are licensed in the State of Michigan, and hereby limit their counsel to clients on Michigan state law and U.S. federal law matters only.

10.  Waiver of Confidentiality of Identity

Unless you advise us in writing at the time of our engagement, by signing this agreement, Client hereby agrees that Firm can publicly disclose that Firm represents the Client. Client also understands that we may, for example, have to disclose such representation to other clients to provide adequate disclosure to resolve client conflicts. The U.S. Patent Office also makes such relationships public. This waiver applies to Client's identity only.

11.  USImports.us

USImports.us is a website of Startup Food Business, LLC and is not a law firm nor does it provide legal advice. Morsel Law PLC is an independent law firm not associated with US Imports, Startup Food Business, LLC or USImports.us website.

Morsel Law may be compensated by US Imports for services performed on your behalf, however, US Imports does not receive any share of legal fees collected by Morsel Law. In all cases, Morsel Law will not influence or interfere in any way with any attorney's independent professional judgment.

US Imports is an information provider. US Imports makes no representation or warranty as to the qualifications or competency of Morsel Law or any attorney providing services through them or as to the accuracy or completeness of any attorney's work.

US IMPORTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY PROFESSIONAL SERVICES RENDERED BY ANY ATTORNEY YOU ENCOUNTER ON OR THROUGH ITS WEBSITE, AND ANY USE OR RELIANCE ON SUCH PROFESSIONAL SERVICES IS SOLELY AT YOUR OWN RISK.

By using this US Imports website, you agree to follow and be bound by these terms of use and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. It is your responsibility to review these Trademark Terms periodically, and if at any time you find these Trademark Terms unacceptable or if you do not agree to these terms of use, please do not use this Site.

12.  Future Work for Others

Client agrees that Firm's representation of Client is for the Limited Scope of Services defined herein, and Client agree that Firm may represent parties in the future on matters that may be adverse to Client, so long as such future representation does not involve confidential information which Firm gained from its representation of Client pursuant to this Agreement. In any event, Firm will seek to prevent any and all conflicts of interest by withdrawing Power of Firm and notifying Clients to select another firm when necessary. During such a process, Firm will preserve client confidences and will work to make such a transition as smooth as possible. Client agrees that email and/or telephone is the primary mode of communication, and therefore Client agrees to regularly check for voicemails and emails from Firm for important, time sensitive communications, and not to block such communications if the Client wishes to remain sufficiently informed.

13.  General Responsibilities

Firm will keep the Client apprised of developments as necessary to perform our services and will consult with the Client as necessary to ensure the timely, effective, and efficient completion of legal work. Unless the Client instructs Firm otherwise in writing, this contact may be through email without encryption (the risk is that a third party may intercept the communication). 

14.  Advance Waiver of Future Conflicts of Interest

The Firm's practice involves the representation of many different clients, some of whom focus on similar business areas as yours. Due to the size of our Firm, there might potentially be a different group of attorneys in the Firm preparing and prosecuting trademark applications for another Firm client – perhaps a competitor of yours – in the same, similar or related technology or service space as the Client.

Our engagement by you is also understood as entailing your consent to our representation of those other future clients in matters in which one of those other clients would be adverse to you in matters unrelated to those that we are handling or have handled for you. Given the nature of our Firm's business spanning many different industries, however, the Firm must preserve its ability to represent those other clients on matters which may arise in the future, including matters adverse to Client, provided that we would only undertake such representation of those clients under circumstances in which we do not possess confidential information of Client's relating to the transaction, and we would staff such a project with one or more attorneys who are not engaged in your representation. In such circumstances, the attorneys in the two matters would be subject to an ethical wall, screening them from communicating with each other and from access to the other matter's documents regarding their respective engagements. If Client is aware of any entities or matters for which we should invoke such an ethical wall/screen, you are invited to identify such entities to us in writing. If any dispute occurs between current clients, the Firm will not represent either of the current clients in that particular dispute, absent written consent from both affected clients.

Client understands that the Firm would not agree to undertake your representation herein without this advance waiver. Although you may revoke this waiver as to future matters at any time, you agree that such revocation will not affect any matters undertaken by the Firm prior to Firm's receipt of your written notice to us of the revocation, even if those matters are still pending at the time of Firm's receipt of your notice of revocation.

Client is made aware of the Client’s right to consult with independent counsel to determine whether you wish to enter into these terms including this advance waiver and this engagement letter. Client acknowledges that you have had sufficient opportunity to do so, and that you hereby consent to our representation of our other clients under the circumstances described in this section.

Client hereby agrees that, by expressly accepting this agreement, Firm may publicly disclose that Firm represents the Client. Firm may, for example, have to disclose such representation to other clients for reasons of identifying and/or resolving client conflicts, and/or in marketing communications. The U.S. Trademark Office also makes such relationships public.

Firm’s expertise derives from many years of representing Clients, some of whom focus on similar business areas. As such, there is potentially a different group of attorneys in the Firm preparing and prosecuting trademark applications for another entity (perhaps a competitor) in the same, similar, or related technology area as the Client. It is our belief that such representation does not amount to a potential or actual conflict as defined by the United States Patent & Trademark Office and the Michigan Rules of Professional Conduct.

In most situations, Client understands that it is not even possible to predict such potential conflicts. Therefore, Firm wants Client to be aware that Firm does not view such possibilities as requiring any disclosure under Rule 3-310(B). Firm asks that Client hereby provide consent, by accepting this agreement, to our representation of such other clients. The Client can be assured that to the extent Firm is aware of the possible relatedness of technology Firm is working on for different clients, Firm will take reasonable steps to prevent any information provided by the Client from being made available to members of the Firm working for competing entities in the same technology area. In addition, if the Client is aware of any entities for which Firm should take such reasonable steps, Client is invited to identify such entities in writing. It should also be noted that if a dispute occurs between Clients, Firm will not represent either of the Clients in the dispute and will have to withdraw from representation of one or both parties. Client may terminate our relationship at any time and for any reason.

This engagement will conclude upon the completion of services contemplated by this agreement, or Firm may withdraw as permitted by the Rules of Professional Conduct. Client remains responsible for paying all fees and costs Firm incurs on Client's behalf before termination or withdrawal, plus fees for any work reasonably incurred by the Firm in winding up the Client’s representation.

15.  Modification

Other than the requirements set forth in paragraph 1 (above), this agreement cannot be modified, except pursuant to a written document signed by Client and Firm.

16.  Effective Date

The term of this engagement shall commence and become effective on the date this Trademark Terms and Agreement is accepted by the user and shall extend until modified by the parties, confirmed in writing. The parties to this Agreement shall be the user, US Imports and Firm. The user understands that US Imports and Firm cross sign and execute this agreement automatically upon acceptance of the Trademark Terms herein by the user. The initial projects shall be governed by the following terms of engagement between the user, US Imports and Firm.  This Agreement supersedes prior agreements between Firm and Client.

17.  General Terms

As in all areas of law, the final outcome of a matter cannot usually be determined with absolute certainty. Client acknowledges that we give no assurance, guarantee or warranty regarding the outcome of any matter, and that the Client’s decision to retain us is not based upon any representation by us, or belief on the Client’s part, that any particular outcome will, or will not as the case may be, result.

This Agreement constitutes the complete and entire agreement between Client and Firm relating to the subject matter of this Agreement, and there are no other agreements, inducements, promises, representations or understandings, oral or otherwise. This Agreement cannot be modified, except pursuant to a written document signed by the Client and Firm.

18.  Agreement for Binding Arbitration

Firm does not anticipate having any disagreements with the Client about the quality, cost or appropriateness of our services, but if any concerns about these matters arise, please notify us immediately. Firm would endeavor to resolve any disagreements in a fair and amicable manner. If it is not possible to resolve the disputes ourselves, then each of us hereby agrees that all disputes or claims between us of any nature whatsoever, including but not limited to those relating to our fees or the quality or appropriateness of our services, shall be resolved by binding arbitration rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Trademark Terms will take place on an individual basis; class arbitrations and class actions are not permitted. Client is responsible to pay all costs to file an arbitration claim and each party is responsible for their own attorney’s fees. The arbitrator shall apply the same limitations period that would apply in court. 

19.  Arbitration of All Disputes Including Claims of Malpractice

CLIENT HEREBY ACKNOWLEDGES THAT IT HAS BEEN ADVISED BY FIRM THAT IT MAY SPEAK WITH INDEPENDENT COUNSEL BEFORE AGREEING TO ARBITRATION OR TO ANY OTHER TERM OF THIS AGREEMENT.  

Arbitration Agreement: 

(a) Firm and Client agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:

• claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
• claims that arose before these or any prior Trademark Terms (including, but not limited to, claims relating to advertising);
• claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
• claims that may arise after the termination of these Trademark Terms.

For the purposes of this Arbitration Agreement, references to “Firm,” “Client,” and “us” include our respective subsidiaries, affiliates, agents, employees, employers, business partners, shareholders, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Trademark Terms or any prior agreements between us. 

Client agrees that, by entering into these Trademark Terms, Client and Firm are each waiving the right to a trial by jury or to participate in a class action. These Trademark Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Trademark Terms. 

(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to US Imports should be addressed to: Notice of Dispute, Morsel Law PLC, 756 Madison St., Birmingham, MI 48009 (the “Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If Firm and Client do not reach an agreement to resolve the claim within 30 days after the Notice is received, Client or Firm may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Firm or Client shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which Client or Firm is entitled. 

(c) The arbitration will be governed by the Consumer Arbitration Rules (the “AAA Rules”) of the American Arbitration Association, as modified by these Trademark Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by these Trademark Terms. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability and interpretation of the arbitration provision and the scope, enforceability and interpretation of paragraph (f) are for the court to decide. Any arbitration hearings will take place in Oakland County, State of Michigan. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Client chooses to proceed either in person or by telephone, Firm may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether Client has a right to a hearing. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which Firm was a party. If the arbitrator finds that either the substance of Client’s claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, Client agrees to reimburse Firm for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. 

(d) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. CLIENT AND FIRM AGREES THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN CLIENT’S OR FIRM’S INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both Client and Firm agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither Client nor Firm may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

(e) If either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.

(f) Notwithstanding any provision in the applicable Trademark Terms to the contrary, Firm agrees that if it makes any future change to this arbitration provision (other than a change to any notice address, website link or telephone number provided herein), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if Firm seeks to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to Client, and shall not be effective as to disputes which arose prior to the date of termination.

20.  Client Duties

Client acknowledges and warrants that it agrees to be honest and truthful with Firm, to cooperate, to keep Firm informed of any information or developments that may come to Client's attention, to abide by this Agreement, to pay Attorney's bills and retainers on time, and to keep Firm advised of Client's address, telephone number, email and location. Client acknowledges and warrants that Client will assist Firm in providing necessary information and documents and will be available when necessary in proceedings. Client also warrant that its email address and contact information used to request this engagement and sign up on the Site will be the sole and exclusive means for Firm to communicate with the Client, and is therefore directly associated with Client.  

21.  Headings

All headings contained herein are for reference only and shall not affect the meaning or interpretation of this agreement in any manner. We look forward to representing you. 

22.  Severability

If any section of this Agreement is found by competent authority to be invalid, illegal or unenforceable in any respect for any reason, the validity, legality and enforceability of such section in every other respect and the remainder of this Agreement shall continue in effect.

Updated: January 11, 2024