Trademark Counseling Session Terms

This agreement for legal services (“Agreement”) is between you (“You” or “Client”) and EPW Small Business Law PC (“EPW”), a California professional corporation. By purchasing the legal services offered on this site, You expressly agree to be bound, without modification, to this Agreement. If You do not agree to be bound to this Agreement, do not purchase these services.

EPW Small Business Law PC provides flat-fee and general counsel legal services to small businesses and entrepreneurs. Client wishes EPW to provide legal services for Client, as described below.

The parties agree as follows:

Scope of included Legal Services. EPW will provide a Trademark Counseling Session package, as described below:
a. An informal search of Client’s potential trademark to determine likelihood of conflicts with similar trademarks in Client’s industry or similar industries, by searching the U.S. Patent & Trademark Office trademark database and Google.
b. One 30-minute call via phone or Skype to discuss the search results, Client’s potential trademark, and Client’s various options for moving forward. Such session must be scheduled within two months of purchase.

Legal Services NOT Included. Any legal services not specifically included above will not be provided under this Agreement. Any additional legal services may be provided at EPW’s regular hourly rate, or at an additional quoted flat project fee.

Client’s Duties. Client agrees:
a. To provide information, deadlines, dates, plans, documents, and any other needed materials or knowledge to EPW upon request or when needed for requested advice. Client acknowledges that EPW cannot give complete advice without information that is complete as possible.
b. To be truthful and forthright with EPW.
c. To keep EPW informed of any information or developments which may come to Client’s attention, including business plans, launches, strategies, and decisions.
d. To abide by this agreement including pay all fees and costs due.
e. To keep EPW informed of Client’s contact information and whereabouts.
f. That Client has the responsibility for business, financial, and legal decisions and is under no obligation to follow, either wholly or in part, any recommendation, suggestion, or advice provided by EPW.
g. That EPW does not and cannot make any guarantees regarding liability, risk, outcomes, or financial success.

Flat Project Fee. Client agrees to pay EPW a flat project fee of $350 to provide all of the above project services during the Term of this Agreement. Fees may be paid via Paypal or another method mutually agreed upon by the parties.

Term, Renewals, Discharge, and Withdrawal. This Agreement shall commence on the date of purchase, and shall remain in full force and effect for two months from that date. Any items not requested by Client in that two month period will not be provided. Client and EPW may agree to enter into additional agreements regarding additional services. Either party may terminate this Agreement at any time upon written notice. If Client terminates this Agreement and discharges EPW, no fees will be refunded unless the discharge is for good cause. If EPW terminates this Agreement and withdraws, EPW will refund a portion of the fixed project fee, calculated as the remainder after subtracting work completed by EPW at her regular hourly rate, if any such remainder exists.

Confidentiality of Information. EPW will regard any information provided by Client, and all recommendations and/or advice by EPW, as confidential and protected by the attorney-client privilege, with disclosure only to employees and independent contractors of EPW, other parties designated by the Client, or as required by law.

Disclosures. EPW is a professional corporation in California. Attorney Elizabeth Potts Weinstein is licensed to practice in the State of California and to practice before the United States Patent and Trademark Office.

Assignment. Neither party will assign this Agreement to any other party without the other party’s written consent.

Mediation. Before either party seeks litigation pursuant to this agreement, both parties agree they will first engage in at least four hours of non-binding mediation to resolve any disputes under this contract.

Choice of Law and Venue. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Any and all disputes, controversies, claims, or differences arising out of, relating to, or having any connection with this Agreement, shall exclusively be brought and heard in the County of Santa Clara, California, and Client consents to jurisdiction in the County of Santa Clara, California.

Conflicts. If EPW determines that it has present or contemplated matters which are adverse to Client, or a potential conflict of interest exists, EPW will seek waivers from each involved client with regards to such representation. If waivers cannot be obtained, EPW will withdraw according to the provisions of this Agreement.

No Guarantees. Client understand and agrees that EPW does not and cannot guarantee that a Trademark Counseling Session will return in a successful trademark registration application.

Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remainder of this Agreement shall not in any way be affected or impaired.

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