TRADEMARK NETWORK SERVICES AGREEMENT

("Agreement")

 

Terms of Use of 101domain.com's TRADEMARK LEGAL SERVICE PROVIDER COMMUNICATIONS AND PAYMENT PLATFORM ("Network")

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE ("Site"), THE NETWORK, OR ANY OTHER 101DOMAIN.COM WEBSITE. These terms and conditions are in addition to any terms and conditions found at http://www.101domain.com/terms_domain.htm and http://www.101domain.com/privacy_policy.htm or anywhere else on the Site.

By using this TRADEMARK LEGAL SERVICE PROVIDER COMMUNICATIONS AND PAYMENT PLATFORM, you signify that you are at least the age of majority in the jurisdiction in which you reside and that you agree to these terms in their entirety. We reserve the right, at our sole discretion, to change, modify, add, or remove all or portions of these terms at any time. If you do not agree to any of these terms, you must immediately stop using this Network and the Site.

101Domain.com Not Providing Legal Services
The purpose of the Network provided by 101domain.com is to give you (the "Customer") access to participating attorneys and firms ("Service Provider") offering their trademark legal services worldwide in their respective territory. 101domain.com provides a payment and communication platform to its Customers to allow the Service Provider to quickly and easily provide this service to you. 101domain.com does not provide legal advice of any kind whatsoever. Any legal advice is provided solely by a Service Provider using the Site as a conduit. If you do not agree to these terms and conditions, you must terminate use of this Site and Network immediately.

Service Providers
The Service Providers in the Network have provided the public information contained in listings published on the Site. 101domain.com does not warrant the validity of the information contained in the listing, nor does it guarantee the quality of the legal services provided ("Work"). The determination of the need for legal service and the choice of attorney Service Provider are extremely important decisions and should not be based solely upon self-proclaimed expertise. 101domain.com does not review the contents of the listings provided by Service Providers. 101domain.com is not responsible for any material or information contained in the Service Provider listings.

It is the sole responsibility of the Customer to verify the certification of the Service Provider to practice law in their territory. Such verification may be obtained by requesting licensing information from the Service Provider or contacting the local bar association or regulatory body. All Customers are urged to make their own independent investigation and evaluation of any service provider being considered.

 

Relationship of the Parties
101domain.com acts solely as a payment, communication and Network platform provider. 101domain.com does not act as a representative, agent, or employer of any Service Provider.

You acknowledge and accept that You are requesting legal services from the Service Provider and as such, are entering into a relationship directly with the Service Provider. It is Your responsibility to review the terms, conditions and obligations of entering such relationship. You acknowledge and accept that the Service Provider is under no obligation to provide legal services to you until such time as he or she runs a conflict check and has accepted your order to provide the Work, and in fact, may be prohibited from doing so under applicable law or rules of professional conduct.

Pricing of Services
Service Providers have agreed to offer the legal services listed on the Network at pre-established prices for each respective territory (“Fees”). Customer will be charged a fee by 101Domain for use of the Network (“Network Access Fee”) incorporated therein. The Network Access Fee is not a charge for legal services, but rather a charge assessed for your use of the Network and Site to communicate with and through which you can pay the Fees.   From time to time, Service Provider may request additional payments for costs or services related to the Services. Any requests for additional payments by a Service Provider outside of the Network, is strictly prohibited and should be reported to 101domain.com immediately.

 

Collection of Payment
Upon selection and ordering of services through the Network and Site, 101domain.com will verify the order and collect payment from the Customer. Fees will be remitted to the Service Provider on a "Pre-Paid" basis prior to services being rendered and the Network Access Fee will be retained by 101Domain. Customer shall notify 101domain.com immediately upon non-receipt of services within the time frame specified.

Privacy and Confidentiality
The communication platform provided in the Site is designed to assist the Customer and Service Provider in maintaining strict Attorney-Client privilege and confidentiality. All communication, messaging, document retention, uploads and downloads are fully-encrypted and secure. Only the Customer and the Service Provider may view or decipher this information, except to the extent that disclosure by 101Domain.com is required by law or order of a court or governmental agency. It is Your responsibility and the responsibility of the Service Provider to maintain copies and backups of such information and files as 101domain.com is in no way responsible for lost data. You acknowledge and agree that 101Domain is not responsible for any communications between Customer and Service Provider or any other party outside of the Site.

DISCLAIMER
THE MATERIALS AND CONTENT IN THE SITE OR NETWORK ARE PROVIDED ‘AS IS’ AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, 101DOMAIN.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. 101DOMAIN.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR NETWORK WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR NETWORK OR SERVERS THAT MAKE 101DOMAIN.COM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 101DOMAIN.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR NETWORK OR ANY SERVICE PROVIDER THEREON IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APLLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
AS A CONDITION OF USING THE NETWORK AND SITE, YOU AGREE (AND AGREE TO CONFIRM IN WRITING): (A) TO RELEASE 101DOMAIN.COM AND EACH OF ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (“RELEASED PARTIES”), FROM ANY AND ALL LIABILITY, LOSS OR DAMAGE INCURRED WITH RESPECT TO USE OF THE NETWORK OR SITE OR ANY INFORMATION OR SERVICES PROVIDED TO YOU BY A SERVICE PROVIDER (B) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN AWARDS FOR, AND PARTICIPANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES; (C) ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE NETWORK OR SITE SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (D) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARD SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, EXCLUDING ATTORNEYS’ FEES AND COURT COSTS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL 101DOMAIN.COM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR NETWORK OR ANY OTHER 101DOMAIN.COM SITE OR NETWORK.

OTHER
These terms and conditions shall be governed and construed in accordance with the laws of the State of California, United States of America, without regard to conflicts of laws. These terms and conditions shall not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. Exclusive venue for all claims or disputes arising out of or in connection with these terms and conditions shall be San Diego, California and each party hereby waives any objection such party may have that San Diego, California is an inconvenient forum.

This Agreement constitutes the entire understanding of the parties with respect to its subject matter, and supersedes all prior or contemporaneous written and oral agreements with respect to its subject matter. Except as provided expressly herein, this Agreement shall not be modified, amended, or in any way altered except by writing executed by both of the parties. No waiver of any provision of this Agreement, or of any rights or obligations of any party hereunder, will be effective unless in writing and signed by the party waiving compliance. No waiver of, breach of, or default under, any provision of this Agreement will be deemed a waiver of any other provision, or of any subsequent breach or default of the same provision of this Agreement.