FileMy, LLC provides the services and website located at https://www.legal-sherpa.com (the “LegalSherpa website”). These Terms and Conditions constitute an agreement (“Agreement”) between you (“you”, “your”, “user” or “Customer”) and FileMy, LLC (“FileMy”, “LegalSherpa”, “us”, “we” or “our”) for trademark and copyright services and any related products or services (“Services”).
Any of the following actions constitute your agreement, without limitation or qualification, to be bound by, and to comply with, the terms of this Agreement:
(i) Your initialization or purchase of our Services, either on the telephone or through the LegalSherpa website;
(ii) Your use of the LegalSherpa website.
1. LegalSherpa is NOT a Substitute for Legal Counsel
LegalSherpa is not a law firm and the employees of LegalSherpa cannot and are not acting as your lawyers. LegalSherpa cannot provide legal advice and may not engage in the practice of law or perform services performed by an attorney. LegalSherpa only provides self-help services at your specific direction. Furthermore, LegalSherpa is not a substitute for the advice of an attorney. The information provided on this website is provided as general information and does not serve as a substitute for legal advice from an attorney.
Your use of the LegalSherpa website, or purchase of LegalSherpa services, does not create an attorney-client relationship. Instead, you are representing yourself in any legal matter you undertake.
If at any time before your purchase, you believe that LegalSherpa gave you legal advice or legal recommendations regarding your legal rights, you will not proceed with any purchase of LegalSherpa services, and any purchase that you do make will be null and void.
2. LegalSherpa Services
You understand that LegalSherpa provides general information on trademark and copyright law and only provides self-help services at your specific direction. Our services and online forms were designed by our attorneys to assist you with your trademark application with the United States Patent and Trademark Office (“USPTO”) or copyright registration with the U.S. Copyright Office, however, at no time is LegalSherpa acting as a law firm and at no time are LegalSherpa employees acting as your attorney or providing you legal advice. You are representing yourself in any legal matter you undertake. LegalSherpa service timing is strictly an estimated timing as we are bound by government constraints when meeting those timelines.
Timelines: Our comprehensive package carries a 2-3-Business day processing time, the processing time is calculated on orders placed before 3pm EST and for orders placed after 3pm will carry over to the next business day. Our standard package carries a 3-5 business day processing time. The Internet Special carries up to a 10-business day processing time.
LEGALSHERPA’S SERVICE IS LIMITED TO A REVIEW OF YOUR ANSWERS TO OUR FORMS FOR SPELLING, GRAMMAR, COMPLETENESS, INTERNAL CONSISTENCY OF NAMES AND OBVIOUS ERRORS. WE DO NOT REVIEW YOUR ANSWERS FOR LEGAL SUFFICIENCY OR DRAW LEGAL CONCLUSIONS. YOU AGREE THAT YOU WILL READ THE FINAL DOCUMENT(S) BEFORE SIGNING IT AND FURTHER AGREE TO BE SOLELY RESPONSIBLE FOR THE FINAL DOCUMENT(S). YOU ALSO AGREE THAT YOU WILL HOLD LEGALSHERPA AND ITS AGENTS HARMLESS. IF THERE IS LIABILITY FOUND ON THE PART OF LEGALSHERPA, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.
LegalSherpa trademark search and trademark monitoring service includes reports that may be generated using a various sources including but not limited to the USPTO, state trademark databases, and online databases. The information contained in our trademark search and monitoring reports does not constitute legal advice and is intended for self help information purposes only. Reasonable steps are taken to ensure the accuracy and completeness of our trademark searches, however, LegalSherpa cannot verify every possible identical or substantially similar mark to the mark that you have requested us to search. Accordingly, we do not and cannot guarantee that our trademark search report is without errors or omissions.
3. LegalSherpa Content
The information on the LegalSherpa website is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. We will use reasonable efforts to correct errors as soon as practicable. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, or omissions; and (iii) make changes to prices, content, promotion offers, service descriptions, or other information without obligation to issue any notice of such changes (including after an order has been submitted or acknowledged, except as prohibited by law ). LegalSherpa makes every reasonable effort to provide up-to-date, accurate, and legally sufficient information. The legal information on this website is not guaranteed to be correct and is not legal advice. We also cannot guarantee that the legal information on this website is up-to-date since the law changes rapidly and may be subject to various interpretations by different courts and government agencies. THEREFORE, YOU SHOULD CONSULT WITH AN ATTORNEY IF YOU NEED LEGAL ADVICE.
4. LegalSherpa Grant of License
LegalSherpa grants you a limited, non-exclusive, non-transferable license to use the materials contained within this website for non-commercial use. Any other use violates this Agreement. Furthermore, you expressly agree to use this website at your own risk.
5. Submitting Information to LegalSherpa
You agree that you are responsible for submitting accurate information when placing an order with LegalSherpa. You also agree that the information you provide to us is exactly as you want it in order to provide you with the requested services. A LegalSherpa professional will use the information that you provide to complete and submit your USPTO or U.S. Copyright Office form(s) or to conduct a trademark search or trademark monitoring service.
6. Appointment of LegalSherpa as Authorized Agent
By using and/or purchasing LegalSherpa’s service(s), you appoint LegalSherpa to act as your authorized agent for the preparation of your trademark or service mark forms to the USPTO and/or copyright application to the U.S. Copyright Office. You further agree that LegalSherpa is acting ONLY as a third-party agent in delivering the application information and materials that you provide. You also agree that LegalSherpa does not assume responsibility or liability for the nature or appropriateness of your trademark or copyright application, other trademark forms or any accompanying materials provided by you.
7. Reminder of Future Filing Requirements
LegalSherpa is not responsible for reminding you of any future filing requirements or obligations relating to your trademark or copyright application(s). LegalSherpa is solely responsible for preparing your trademark or copyright application(s) or form(s).
8. Filing and Recording Fees
Filing and recording fees include all mandatory or applicable U.S. federal government fees and may also include a LegalSherpa processing fee.
9. Trademark Filing Fee:
The standard USPTO discounted TEAS RF filing fee for trademarks consists of a $275 fee. The TEAS Plus filing fee for trademarks is $225 and may be used, however this requires additional labor and expense by LegalSherpa. If used, LegalSherpa will still collect $275 of which $50 will be allocated as a processing fee.
10. Purchases Made By Your Agent
– You agree and understand that if an agent acting on your behalf uses or purchases our services for you or your company, you are bound by all the terms of this agreement herein.
11. Refund Policy
LegalSherpa guarantees your satisfaction with our services. In the event that you are dissatisfied with our services we will use our best efforts to resolve your matter by either correcting the situation or by providing a refund. All refund requests must be made within thirty (30) days of purchase and are subject to a $50 processing fee if your order has already been processed. Partial services rendered are non-refundable. If we have conducted a Direct-Hit trademark search as part of your order and you decide not to file your application due to a found conflicting trademark, our standard $65 search fee will apply and you will be refunded the remaining balance of your original purchase price. Partial services rendered are non-refundable. Furthermore, you are responsible for paying the U.S. government discounted filing fee before your trademark application is filed with the USPTO. ANY FUNDS ALREADY APPLIED TOWARD A GOVERNMENT FILING FEE ARE NONREFUNDABLE. Once a copyright or trademark application or other forms have been prepared by us, you will not be eligible for a refund as our service is complete. If you fail to complete your trademark application within 30 days of the preparation of your trademark application, a trademark application regeneration fee of $45 will apply in order for us to re-prepare your trademark application for electronic signature and filing.
12. No Guarantee of Results
LegalSherpa makes no guarantees or warrantees and cannot predict the outcome of your copyright or trademark application or forms prepared using LegalSherpa services will be satisfactory to the U.S. Copyright Office or USPTO or that a certificate of registration will be issued. The USPTO or U.S. Copyright Office may reject your trademark or copyright application for legal reasons beyond the scope of our services. The issuance of a federal copyright or trademark is based on both subjective and objective factors and is determined on a case-by-case basis. Furthermore, you understand that any errors or omissions in an application may result in rejection or delay of your registration or filing date, or forfeiture of filing fees. Therefore, REFUNDS WILL NOT BE ISSUED DUE TO A REJECTION OF YOUR TRADEMARK OR COPYRIGHT APPLICATION OR OTHER FORMS.
13. General Disclaimer
Information or content provided by the LegalSherpa website or LegalSherpa representatives is provided “as is” with no warranties either express or implied. By using the LegalSherpa website or purchasing our services you assume complete responsibility and risk for your use and your actions following your use.
14. Warranty and Indemnification
You represent and warrant that your use of the LegalSherpa website and the information, content and materials contained therein, as well as information or materials received from a LegalSherpa representative will at all times comply with applicable laws, rules, regulations and this Agreement. By using the LegalSherpa website, you agree to indemnify, hold harmless, and defend FileMy, LLC, LegalSherpa, its parent, subsidiaries, divisions, affiliates, officers, directors, employees, successors, agents, contractors, and representatives from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (i) your use or misuse of the LegalSherpa website; (ii) a dispute with us; (iii) your breach of the Terms of Service and Use; or (iv) your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defense of any claim. LegalSherpa reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you for which you will remain responsible for indemnifying and holding LegalSherpa harmless.
15. Revision of Terms of Service and Use
These Terms of Service and Use, LegalSherpa services as provided on the LegalSherpa website or by a LegalSherpa representative or employee may be revised or changed at any time. Any such revision or change will be binding and effective immediately upon posting any revision or change to the Terms of Service and Use or to service(s) provided on this website. You understand that it is your responsibility and you agree to review our website periodically in order to be aware of any such revisions.
16. Termination of This Agreement
You understand and agree that we may terminate this Agreement and your license to use the LegalSherpa website and our services for any reason and at any time upon notice. LegalSherpa and its employees have sole discretion to refuse to provide services to you and is not liable to you for damages or loss that may result from our refusal to provide you services.
If any portion of this agreement is found to be unenforceable or void by a court of law, then the provision that is found to be void or unenforceable shall be deemed severable from the remaining provisions of this Agreement. Furthermore, severability shall not affect the validity or enforceability of the remaining provisions of this Agreement.
18. Choice of Law and Forum
These Terms of Service and Use and any dispute of any sort that might arise between you and LegalSherpa, FileMy, LLC, or its subsidiaries, divisions, or affiliates shall be governed by and construed in accordance with the laws of the State of New York. Any action brought to enforce this Agreement or matters related to the LegalSherpa website will be brought in either the state or federal courts of New York, New York; provided, however, that notwithstanding anything contained in these Terms of Service and Use to the contrary, we shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce our rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. You consent to the jurisdiction of such courts and irrevocably waive any objection, including without limitation any objection to the laying of venue or based on the grounds of forum non conveniens, which you may now or hereafter have to the bringing of any such action or proceeding in such jurisdiction. In addition, you expressly waive any right to a jury trial in any legal proceeding against LegalSherpa, FileMy, LLC, or its subsidiaries, divisions, or affiliates or their respective officers, directors, employees, agents, or successors under or related to these Terms of Service and Use. Any claim or cause of action you have with respect to use of the LegalSherpa website must be commenced within one (1) year after the claim arises.
19. These terms of Service and Use constitute the entire agreement between you and LegalSherpa regarding the access, purchase of services and use of the LegalSherpa website.
20. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE AND USE HEREIN, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE. BY USING THE COMPANY’S SERVICES OR ACCESSING THE COMPANY’S WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.