Trademark Monitoring Consult

​$149 

By clicking "I Agree", you acknowledge you have read and understood the terms of the Trademark Monitoring Report Attorney Consultation Agreement and will continue to payment.

Trademark Monitoring Report Attorney Consultation Agreement
This Trademark Monitoring Report Attorney Consultation Agreement (“Agreement”) is between LZ Legal Services, LLC, (“LZLS”, “we”, or “our’), an Arizona limited liability company, and the recipient (“you”, or “your”) of the limited consultation services to be provided by LZLS (as more fully described below).  LZLS is a subsidiary of LegalZoom.com, Inc., and is a law firm licensed by the Arizona Supreme Court as an Alternative Business Structure (License #70123). 
The Parties acknowledge and agree that LegalZoom.com, Inc. is not a party to this Agreement and is not liable for services performed pursuant to this Agreement. You understand and agree that LZLS may utilize the services, including but not limited to, marketing, technology, and/or staffing services, from third parties including, but not limited to, LegalZoom.com, Inc. For clarity, LegalZoom.com, Inc., is not a regulated provider of legal services. 
This Agreement goes into effect on the date you purchase the trademark monitoring report attorney consultation services (“Effective Date”).  You understand and agree that by purchasing these limited consultation services, you are not entering into an attorney-client relationship with LZLS.  Your communications with LZLS are not protected by the attorney-client privilege.

Limited Consultation Services
You agree that you are not engaging LZLS for legal representation.  Instead, you are obtaining the consultation services described below in exchange for a flat fee.  The consultation services are limited to the following (“Limited Consultation Services”):    
  1. Attorney review of LegalZoom Trademark Monitoring service reports; 
  2. One telephone consultation to discuss the report(s); and
  3. Other tasks as mutually agreed upon by the Parties. LZLS retains sole discretion with respect to whether a task or service is in or out of scope under this Agreement. 
The Limited Consultation Services must be completed within the Term (defined below), and will in all cases be deemed completed at the end of the Term. 

Telephone Consultation Policy: LZLS will initiate the telephone consultation by contacting you at the date, time, and phone number you specify when scheduling the consultation.  If you do not answer the incoming call from LZLS, you may reschedule it one time.  If you do not answer the incoming call from LZLS at the time, date, and phone number you specify for the rescheduled consultation, then all Limited Consultation Services will be deemed to have been completed, and this agreement will expire.

While performing the Limited Consultation Services, LZLS: does not promise any particular outcome; relies on your disclosure of information; and does not have to provide more services than set forth in this Agreement.

Excluded Services
The Limited Consultation Services have express exclusions, which include, without limitation, the following:
  1. Work for a client where the attorney believes there is a conflict of interest;
  2. Any formal legal representation, including with respect to intellectual property litigation, cease & desist demands, claims of infringement, or any other legal matter;
  3. Any work after termination or expiration of this Agreement; and
  4. Any other service not included as a Limited Service under this Agreement. 

Your Responsibilities
You acknowledge your responsibility for the following: to cooperate and respond promptly to all inquiries and requests for information from LZLS; to keep LZLS updated with current contact information (including without limitation, telephone numbers, physical address, and email address); to regularly check the email address provided to LZLS for correspondence related to this Agreement, and to accept responsibility for receipt of communications sent via email.
You agree to receive communication by email. LZLS is not obligated to send correspondence by postal mail. LZLS disclaims any and all responsibility related to emails or correspondence not received by you, whether due to your security or anti-spam software, or any other problems within your email system and/or disclaims any liability or damages, of whatever nature, caused by your failure to update and/or check its email address on file. 

Information Policies
You agree that LZLS may share information with LegalZoom.com, Inc., its parent company, that is related to LZLS’s provision of the Limited Consultation Services.  You agree that LZLS may also share your order information with LegalZoom.com, Inc.
You understand that information submitted through the LegalZoom.com website (including, without limitation, using the questionnaire on the LegalZoom.com website) or to employees of LegalZoom.com, Inc. not working for LZLS will not be protected by attorney-client privilege, and you are hereby discouraged from submitting any non-public information through those avenues. 
LZLS may store some or all of your files on a variety of platforms, including third-party cloud-based servers. Although LZLS conforms with its professional obligations in relation to cybersecurity and data protection and takes precautions to ensure security of these platforms, there is still a risk that your confidential information may be disclosed. By entering into this Agreement, you consent to LZLS’s use of such storage services. Additionally, you expressly assume all risks for technical difficulties in placing its order(s) or submitting any information (including any confidential information) over the Internet.

Term & Fees
Term. The Term of this Agreement is for a period of either 30 days from the Effective Date or until completion of the Limited Consultation Services, whichever occurs earlier, unless terminated earlier as described herein (the “Term”). All Limited Consultation Services are deemed completed on the termination of this Agreement or on expiry of the Term. 
Termination. This Agreement may be terminated:
  1. by you for any reason by giving written notice of such termination. Such termination shall be deemed effective when received. LZLS shall perform no additional consultation services after receipt of the notice. Upon termination, all Limited Consultation Services will be deemed completed;
  2. by LZLS at any time for good reason by giving you reasonable notice in written communication and provided that we also explain to you the basis of our decision; or
  3. by either party for material breach of any provision of this Agreement by the other party, if the material breach is not cured within 10 days of written notice specifying the nature of the breach.
Fees. 
  1. Due Immediately. The purchase price for the Limited Consultation Services (“Service Fees”) is due in full immediately upon entering into this Agreement. For clarity, this Agreement shall not commence until the Service Fees have been paid in full. It is expressly understood that this fee is not a retainer, is not for the provision of a legal representation, but instead is a flat fee based upon the scope of services set forth herein.
  2. Earned-on-receipt. The Service Fees are earned-on-receipt and will not be billed against on an hourly basis. They will not be deposited into our client trust account, but will be deposited into our general operating account.
  3. No refunds. All sales of trademark monitoring report attorney consultation services are final.
  4. Suspension of Account. In the event that you have an overdue account or payment dispute with LZLS, LZLS may suspend your account and access to the Limited Consultation Services hereunder until the account is brought current or such dispute is resolved. 

No Guarantee
Neither LZLS nor your attorney can guarantee a particular result.

Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with LZLS and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial. 
  1. No Representative Actions. You and LZLS agree that any dispute or claim between us, including those arising out of or related to these Terms or our Services, is personal to you and LZLS and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding. For the purposes of this Arbitration Agreement, references to " LZLS," "you," 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 Terms or any prior agreements between us. Beneficiaries include, but are not limited to, those named in an estate planning document
  2. Arbitration of Disputes. Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our Customer Care Center at 855-533-9876 In the unlikely event that LZLS is unable to resolve your complaint to your satisfaction (or if LZLS has not been able to resolve a dispute it has with you after attempting to do so informally), this Section (Dispute Resolution: Binding Arbitration) applies. Except for small claims disputes in which you or LZLS seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or LZLS seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and LZLS waive your rights to a jury trial and to have any other dispute or claim between us, including those arising out of or related to this Agreement, and including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. This includes (a) 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; (b) claims that arose before you accepted this Agreement (including, but not limited to, claims relating to website use and advertising); and (c) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class.
  3. Arbitration Procedures. For any Dispute that you have against LZLS, or that LZLS has against you, you and LZLS agree to attempt to resolve the Dispute informally via the following process. If you assert a claim against LZLS, you will first contact LZLS by sending a written notice of your Dispute (“Claimant Notice”) to LZLS by email. The Claimant Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. For any Dispute that LZLS may have against you, we will provide you notice (“LZLS Notice”) in similar form to that described above via the mailing address and email address associated with your account. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or LZLS first send the applicable Notice so that the parties can engage in this informal dispute resolution process.

    If you and LZLS cannot reach an agreement to resolve the Dispute within thirty (30) days after notice is provided, then either party may submit the Dispute to binding confidential arbitration administered by the American Arbitration Association (“AAA”) or, under the limited circumstances set forth herein, in court. All Disputes submitted to AAA will be resolved through binding arbitration before one arbitrator. Unless the parties agree in writing to a different location, arbitration proceedings will be held in Maricopa County, AZ.

    You and LZLS agree to use the AAA Commercial Arbitration Rules, including the Expedited Procedures for all Disputes with a value of $75,000 or less. The most recent versions of the AAA Consumer and Commercial Arbitration Rules are available on the AAA’s website at adr.org/Rules and such rules are hereby incorporated by reference into this Arbitration Agreement. You either acknowledge and agree that you have read and understand the applicable AAA Arbitration Rules or waive your opportunity to read the AAA Arbitration Rules and waive any claim that such rules are unfair or should not apply for any reason.

    You and LZLS acknowledge that the purpose of this arbitration agreement is to streamline the dispute resolution process and that Coordinated Filings are likely to frustrate that purpose. As a result, you agree not to assert a demand for arbitration as part of a Coordinated Filing. A “Coordinated Filing” is any demand for arbitration where the underlying claim is similar to at least ten (10) or more other pending demands for arbitration and where representation for that demand is consistent or coordinated with such other demands. Without limiting any remedies, in the event your demand is part of a Coordinated Filing, we may, at our option, decline arbitration and instead litigate the claim in a civil court of competent jurisdiction in accordance with the terms of the Governing Law and Venue clause, below.
  4. Individualized Arbitration Proceedings and Remedies. You and LZLS agree that these Terms affect interstate commerce and that the enforceability of this Section  will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the AAA Rules, the arbitrator will have exclusive authority to grant any relief that would otherwise be available in court and to make all procedural and substantive decisions regarding any Dispute, including those arising out of or relating to interpretation or application of this Arbitration Agreement, including the enforceability, revocability, or validity of the Arbitration Agreement or any portion thereof. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one claimant. 
  5. Confidentiality. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. You and LZLS agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. You and LZLS agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration.
  6. Payment of Arbitration Fees. The costs of arbitration shall be governed by the AAA’s fee schedules, available at adr.org/Rules. If you initiate arbitration of a Dispute valued at less than $75,000, you agree to pay $250 towards any arbitration filing fees and LZLS will pay the remaining AAA fees and costs.  If your arbitration proceeding is valued at $75,000 or more, you and LZLS will share equally the costs and fees of AAA Commercial Arbitration. If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA fees will be governed by the applicable AAA Rules.
  7. Opt Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this arbitration agreement by sending a written Notice of Opt Out to [email protected]. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with the Governing Law and Venue clause (below), though, as stated above, you agree any such action will be brought as an individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
  8. Additional Terms. If any portion of this arbitration agreement is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this section; and (c) to the extent that any claims must proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

    If you wish to seek public injunctive relief against LZLS, such claim (and only such claim) must be severed from the arbitration and brought in court in accordance with the provisions of the Governing Law and Venue clause, below. 

    You and LZLS agree that the state or federal courts of the State of Arizona and the United States sitting in Maricopa County, Arizona have exclusive jurisdiction over the enforcement of an arbitration award made pursuant to this Arbitration Agreement.

Governing Law and Venue
Any dispute arising from this Agreement or your use of LZLS’s services will be governed by and construed and enforced in accordance with the laws of Arizona, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Arizona or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Arizona and the United States, respectively, sitting in Maricopa County, Arizona.

Notice
Any notices required or otherwise sent under the Agreement must be in writing and transmitted via email. Notices shall be deemed sent on the same business day as transmitted (or the next business day if sent on a weekend or holiday). Notices shall be sent to the parties at the following addresses:
If to you: to your email on file with LZLS.
If to LZLS: [email protected].

​Miscellaneous
This Agreement may be supplemented and/or amended by agreement in writing but LZLS is not free to amend provisions which are a matter of applicable professional regulation or law. If any provision of this conflicts with any mandatory element of those regulatory requirements, the latter shall prevail.
LZLS reserves the right to refuse service to any individual or entity.
Neither you nor we shall be liable for any failure to perform, or delay in performing, any obligations (other than payment and indemnity obligations) if and to the extent that the failure or delay is caused by Force Majeure and the time for performance of the obligation, the performance of which is affected by Force Majeure, shall be extended accordingly.
Each of these terms shall be severable and distinct from the others and if any term is held to be illegal, invalid or unenforceable, in whole or in part, the remaining terms shall not be affected.
Consistent with law, our regulatory requirements and our internal policies and procedures, we will not discriminate in the way we provide or refuse to provide our services on the grounds of race or racial group (including color, nationality and ethnic or national origin); sex (including marital status, gender reassignment, pregnancy, maternity and paternity); sexual orientation (including civil partnership status); religion or belief; age; or disability.
In the event that you have purchased additional products or services to be rendered by or through LegalZoom.com, Inc., the terms of this Agreement are only applicable to the Limited Consultation Services rendered hereunder and to the extent of any conflict with LegalZoom.com, Inc. policies or terms or other agreements with respect to the Limited Services, this Agreement shall supersede and replace any other such conflicting terms or policies.  Additional products or services shall be subject to terms and conditions, as applicable. Any use of the LegalZoom.com site is subject to LegalZoom.com, Inc.'s Terms of Use and Privacy Policy.
This Agreement contains the entire agreement of the Parties with regards to the Limited Services. No other agreement, statement, or promise made on or before the Effective Date of this Agreement will be binding on the Parties.
Updated: April 22, 2024



 
LZ Legal Services, LLC, is a law firm licensed by the Arizona Supreme Court as an Alternative Business Structure (License #70123).  LZ Legal Services, LLC, is a subsidiary of LegalZoom.com, Inc.
 
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