Attorney-Led Trademark Registration - Limited Scope Representation Agreement

This Attorney-Led Trademark Registration Limited Scope Representation Agreement (“Agreement”) is between LZ Legal Services, LLC, (“LZLS”, “we”, or “our’), an Arizona limited liability company, and the recipient (“Client”, “you”, or “your”) of the attorney-led trademark 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.

This Agreement is effective as of the date of your payment in full for the attorney-led trademark services (“Effective Date”). Please note that Client shall be responsible for any applicable filing or government fees in addition to the amounts paid for the services hereunder.

In the event that the individual who enters into this Agreement (“Executing Party”) intends to do so on behalf of a person(s) or entity (to include, without limitation, a corporation, limited liability company, partnership, limited partnership, joint venture, trust, or estate) which owns or controls the intellectual property sought to be registered as a trademark, the Executing Party understands that such person(s) or entity will be the Client under this Agreement. The Executing Party further represents and warrants that he or she is authorized to: (i) enter into this Agreement on behalf of such entity or person(s); (ii) retain LZLS to provide the trademark services set forth herein; and (iii) otherwise act on behalf of Client as required by this Agreement.

For the avoidance of any doubt, the person(s) or entity disclosed to LZLS as the owner(s) of the proposed trademark (or, based on such disclosure, determined by LZLS in its discretion to be the owner(s) of the proposed trademark) shall be the sole Client under this Agreement. The Executing Party and the Client explicitly acknowledge and agree that any legal advice is provided for the exclusive benefit of the Client. No person or entity other than the Client is entitled to rely on the legal advice provided by LZLS, and LZLS shall have no liability in respect of advice provided to any party other than the Client.

Attorneys at LZLS own equity in LegalZoom.com, Inc. LZLS attorneys have duties to the United States Patent and Trademark Office (“USPTO”), courts, and clients. These duties, including the associated responsibilities, such as confidentiality and the rules relating to the attorney-client and attorney work product privileges, are paramount. Although highly unlikely, there could be circumstances in which LZLS attorneys believe that in order to comply with these duties they may have to act against the interests of LegalZoom.com, Inc. stockholders and the short-term profitability of LZLS. In the event of such a conflict LZLS attorneys will place their ethical duties to USPTO, courts, and clients first.

Nature of Limited Representation

A limited scope representation means that the amount of work LZLS performs for Client is limited to certain specified tasks. Any tasks outside the scope of this Agreement will be Client’s sole responsibility. Client should consider the limitations provided by a limited scope agreement, including the fact that LZLS may only be able to provide Client with certain discrete tasks (i.e., the filing of a trademark application), but not supplemental tasks (i.e., responses to Office Actions), and balance those with the costs and service offering provided.

Client and LZLS agree that LZLS is not engaged to represent Client generally in intellectual property or trademark matters, but rather, that such representation is limited to certain specific attorney-led trademark legal services (“Limited Services”) as further described in detail below, and do not include any other services. We will provide the Limited Services in accordance with the relevant law in force at the date of delivery of the Limited Services.

While performing the Limited Services, LZLS: does not promise any particular outcome; relies on Client’s disclosure of information; is not obligated to provide more services than set forth in this Agreement; and may advise that limited representation is not reasonable for Client and advise that Client needs additional services or another lawyer.

In the provision of the Limited Services, LZLS is entitled to assume that Client will: provide LZLS all information which is relevant to the matter; and ensure that all information provided is complete in all material respects and not misleading.

Definition of Limited Services

By entering into this Agreement, Client hereby retains LZLS to provide the Limited Services which are specifically defined as follows:

A single phone consultation (not to exceed 30 minutes) with an attorney* (“Initial Consultation”);
A trademark search including USPTO and common law results;
A review of the search results and, as deemed necessary by LZLS, consultation on potential conflicts;
Preparation and filing of your trademark application with the USPTO, in which your LZLS attorney will serve as attorney of record (subject to the limitations herein) and Client will sign the trademark application attesting to the veracity of the content and the use of the mark in commerce, or, alternatively, the bona fide intent to do so, as applicable. Alternatively, at LZLS’s option, LZLS may sign the trademark application on behalf of the Client. In such alternative case, the Client shall defend, indemnify, and hold harmless LZLS from any harm resulting from any statements made by the Client in the application which are false or misleading. Client agrees that, if 30 days prior to termination of this Agreement’s Term (defined below), Client, in LZLS’ discretion, has not provided the information necessary to prepare a used-based application, then LZLS will prepare an intent-to-use application;
The filing of a Power of Attorney to communicate with the USPTO on behalf of the Client; and
Other tasks as mutually agreed upon by Client and LZLS. LZLS retains sole discretion with respect to whether other tasks or services not specifically described above are in or out of scope under this Agreement.

*A Client with an order for a single trademark is entitled to single consultation of up to thirty (30) minutes. A Client with an order for multiple trademarks is entitled to a single consultation that includes additional time (to be determined by LZLS in its sole discretion) for each mark.

Client shall maintain control over which services within the Limited Services it would like to utilize, however such Limited Services must be completed within the Term (defined below). Additionally, regardless of whether Client chooses to proceed with some, all, or none of the limited services hereunder (for example, Client has a trademark search completed but does not proceed with an application; Client never completes any services after the Initial Consultation; or Client dislikes the results of the search result analysis and decides not to proceed), the Limited Services will be deemed completed at the end of the Term. Moreover, at the end of the Term, if Client has not utilized the services of LZLS to file a trademark application with the USPTO, the Client’s use or intent to use the mark will be deemed to have been abandoned.

This Agreement shall automatically terminate as having been completed in full upon Client’s trademark application being filed with the USPTO. Upon such automatic termination, LZLS may, but is not obligated to, remove itself as the attorney of record on Client’s trademark application/registration unless it is retained by Client for additional services.

Excluded Legal Services

For the avoidance of any doubt, the Limited Services have express exclusions, which include, but are not limited to, the following:

Work for a client where the attorney believes there is a conflict of interest;
Responses to Office Action(s)†;
Work related to an appeal, notice of suspension, or objection subsequent to the filing of Client’s trademark application;
Representation and/or responses to third-party objections of any kind (whether before or after the date of filing of the trademark application);
Any work related to intellectual property litigation, cease & desist demands, and/or claims of infringement, including without limitation, requests for the attorney to participate in any deposition concerning any trademark application filed pursuant to this Agreement;
The filing of any trademark application or other filing where required material (including, without limitation, an appropriate specimen or dates of use) is not received by LZLS, or is deemed by LZLS to be false, fraudulent, or without merit;
The filing of any trademark application or other filing where a credit card or other payment for fees is declined, the fees are not actually received by LZLS, or Client initiates a chargeback for such fees;
Monitoring of marks;
Any work after termination or expiration of this Agreement; and
Any other service not specified as a Limited Service under this Agreement.

†Office Actions may be issued for a variety of reasons. LZLS may choose to respond to Office Actions as part of the Limited Services. It shall be within LZLS’s sole discretion to determine if an Office Action falls within the scope of the Limited Services.

Client Submitted Information and Materials

In connection with analysis of the trademark, and if applicable, preparation of the trademark application and subsequent filings, Client is required to submit information and/or materials to LZLS. Client is prohibited from submitting physical documents or materials (whether an original or copy) to LZLS. In the event that Client does submit any physical item to LZLS in connection with the Limited Services, Client recognizes that LZLS specifically disclaims liability for such submissions, may retain digital copies of such submissions, and will not return those materials to Client.

Further, Client represents and warrants that all information and materials submitted in connection with its trademark application (including, without limitation, a specimen, or dates of use) are accurate, complete, and not misleading. Client represents and warrants that any specimen submitted is an accurate snapshot of the mark actually used in commerce and is not a digital rendering, whether created by generative artificial intelligence tools or otherwise.

Client Responsibilities

Specific types of filings may have an applicable filing deadline set by the USPTO. If there is a filing deadline relating to the Limited Services performed under this Agreement, LZLS may set a due date for receiving from the Client all applicable materials and fees before the USPTO filing deadline to allow ample time for LZLS to prepare and submit the filing. LZLS’s due date will be conveyed to Client in writing. If Client fails to provide required materials and funds by LZLS’s due date, regardless of whether or not such filing deadline has passed, Client explicitly releases LZLS from all liability related to that specific filing and/or any effect it may have on Client’s trademark application or trademark rights as a whole, and Client shall indemnify and hold LZLS harmless from all claims related to same.

Client acknowledges its responsibility for the following: Client agrees to cooperate and respond promptly to all inquiries and requests for information from LZLS; Client agrees to keep LZLS updated with current contact information (including without limitation, telephone numbers, physical address, and email address); Client agrees to receive communication by email and to regularly check the email address provided to LZLS for correspondence related to this Agreement, and further accepts responsibility for receipt of communications sent via 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 Client, whether due to Client’s security or anti-spam software, or any other problems within Client’s email system and/or disclaims any liability or damages, of whatever nature, caused by Client’s failure to update and/or check its email address on file. In the event that LZLS withdraws as counsel of record (for any reason) after LZLS has filed Client’s trademark application with the USPTO, LZLS will provide Client’s then-current email address to the USPTO. Client explicitly authorizes this disclosure of contact information.

Client understands that the USPTO encourages the use of and prefers that trademark applicants utilize the Trademark Electronic Application System (“TEAS”) for filing trademark applications. If Client proceeds with a trademark application filed by LZLS, Client authorizes LZLS to: (1) file the trademark through the online TEAS system; (2) provide the Client name and contact information to the USPTO, which may publicly provide such information online; and (3) submit documents and communications electronically on Client’s behalf. Client agrees that LZLS may authorize the USPTO, on Client’s behalf, to contact Client. If Client does not want to utilize TEAS for its trademark application, or otherwise desires to seek authority to file a trademark application without publicly disclosing all contact information, Client must notify LZLS as quickly as possible – in this event, Client is likely to be assessed additional filing fees by the USPTO, in addition to further legal fees charged by LZLS.

Information Policies

Client understands and agrees that LZLS may utilize the services, including but not limited to, marketing, technology, cloud data, and/or staffing services, from third parties including, but not limited to, LegalZoom.com, Inc., which may include sharing Client’s order information. For clarity, LegalZoom.com, Inc., is not a regulated provider of legal services. LZLS agrees to ensure that the disclosure of any of Client’s confidential information to third parties will be governed by confidentiality obligations at least as stringent as the obligations that LZLS has to Client. By entering into this Agreement, Client consents to LZLS’s use of such providers and services. Additionally, Client expressly assumes all risks for technical difficulties in placing its order(s) or submitting any information (including any privileged or confidential information) over the Internet.

Client understands 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 Client is hereby discouraged from submitting any non-public information through those avenues. There is no attorney-client privilege between Client and LegalZoom.com, Inc.

Term & Fees

Term. The Term of this Agreement is for a period of 120 days from the Effective Date, unless terminated earlier as described herein (the “Term”). All Limited Services are deemed completed on the termination of this Agreement, on expiry of the Term, or for any other reason. At the expiration of the Term, LZLS may continue to hold a Power of Attorney or otherwise be recognized by the USPTO to receive correspondence on behalf of Client. Client understands and agrees that LZLS holding such authority to receive communications and forward the same to Client does not give rise to a current or ongoing attorney-client relationship between Client and LZLS. Moreover, Client may request that LZLS withdraw such power of attorney at any time.

Termination. This Agreement may be terminated as follows:

by Client for any reason by giving written notice of such termination. Such termination shall be deemed effective when received. LZLS shall perform no additional services and advance no further costs on Client’s behalf after receipt of the notice. Client agrees to execute and return a substitution of attorney form immediately if requested by LZLS. Upon termination, all Limited Services will be deemed completed;
by LZLS at any time for good reason by giving Client reasonable notice in written communication that also explains the basis of our decision, if permitted by the professional conduct rules;
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 to the other party specifying the nature of the breach;
by LZLS, if required under the professional conduct rules, including, but not limited to, if required due to a conflict of interest. If a conflict of interest is found which requires LZLS to decline representation, or if the requisite parties do not consent to waive such conflict of interest, LZLS will not be responsible for identifying alternative counsel for Client; or
by LZLS, if Client submits a proposed mark to LZLS for consultation and for whatever reason decides not to pursue a trademark application for that proposed mark; in such case Client shall be deemed to have withdrawn that proposed mark from the scope of any legal representation by LZLS and abandoned any use or intent to use such mark. LZLS will owe no attorney-client duties going forward with respect to the withdrawn mark. Specifically, Client waives any conflict should LZLS in the future be asked by another client to submit a trademark application for a mark that would create a likelihood of confusion with the mark that Client proposed and withdrew in the course of LZLS's legal representation under this Agreement.

Withdrawal. In the event that LZLS terminates this Agreement for any reason before the end of the Term and LZLS has filed a trademark application on Client’s behalf that has not yet registered, LZLS will withdraw as the attorney of record with the USPTO.

Fees.

Due Immediately. The purchase price for the Limited 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, but a flat fee based upon the scope of services set forth herein.
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.
Limited Service Fee waiver upon initial final refusal by USPTO. If LZLS recommends proceeding with your trademark application and the application receives a “final refusal” from the United States Patent and Trademark Office, LegalZoom will waive the Service Fee (but not the government filing fees) for preparing a second application for a different trademark. Limit one waived Service Fee for a different mark per order. For the avoidance of doubt, Client is responsible to pay all government filing fees due on any trademark application submitted pursuant to this Agreement.
Service Fee Limited Refund Policy. All sales of Attorney-Led Trademark Services are final, except as specifically described in this paragraph.
1. Full refund upon termination by LZLS. If LZLS identifies a conflict of interest with Client such that it cannot file Client’s trademark application with the USPTO, or if LZLS, in its sole discretion, determines that Client’s trademark application contains words, graphics, or any other content that violates LZLS or USPTO acceptable use policies, then LZLS may terminate this Agreement and Client will be eligible for a full refund of Service Fees.
2. Partial refund upon termination by Client. Client may discharge LZLS at any time and in that event may be entitled to a refund of all or part of the Service Fees based upon the value of the representation provided, as follows: if Client terminates this Agreement within 30 days of the Effective Date, it will be eligible for a refund of Service Fees; provided, however, that if the request to terminate is made (i) after Client has met with an LZLS intake specialist or (ii) more than 7 days from the Effective Date, a $150 cancellation fee will apply; provided further, that if the request to terminate is made after LZLS commences a trademark search relating to Client’s application, a $200 cancellation fee will apply; provided further, that no refunds will be available if Client seeks termination after completing a consultation with an LZLS attorney. The Client agrees that the cancellation fees described herein are fair and reasonable.
Suspension of Account. In the event that Client has an overdue account or payment dispute with LZLS, LZLS may suspend Client’s account and access to the Limited Services hereunder until the account is brought current or such dispute is resolved.
Filing Fees. In addition to the Service Fees, Client is responsible for all applicable filing fees related to its trademark application (if Client chooses to file an application with the USPTO), including, without limitation, the initial application fees and the fees per class of goods or services. Filing fees are set by the USPTO and are nonrefundable for any reason once the filing is submitted to the USPTO, regardless of whether Client’s trademark application eventually proceeds to registration or is rejected by the USPTO. Filing fees are assessed per class. Client may request a summary of then-current filing fees from its attorney at any time.

Our Relationship with Other Clients; Waiver of Conflicts of Interest

We may now or in the future represent individuals or entities that may have similar intellectual property interests, or whom Client may consider to be a competitor. Client understands and agrees that such past, present, or future business competition does not, in and of itself, create any conflict of interest that would preclude or prohibit us from representing any other clients in any matters. Additionally, we may be asked to represent a trademark applicant before the USPTO that is adverse or potentially adverse to Client, with respect to Limited Services provided either herein or previously. For example, we may represent a new client in a trademark application or Office Action response that could be similar to the trademark application we filed for Client. It is possible that, in the filing for a new client, we may make arguments vis a vis the prior work done for Client, including, for example, arguing why there is no likelihood of confusion between the two marks. Under the professional conduct rules, we may be precluded from representing a current or new client in a matter adverse or potentially adverse to Client, even though that matter is unrelated to Client’s engagement, as well as when we have previously represented Client in substantially related matters, unless we have specific agreement from Client in advance that we may do so.

Client agrees that by receiving the Limited Services under this Agreement, it specifically authorizes LZLS to engage in such representations. Client further agrees to waive any conflicts that such a representation might present to the extent such consent and waiver may be required under applicable laws. In doing so, LZLS represents that we will not represent current clients in substantially related matters. Moreover, in all instances LZLS will not disclose any of the proprietary, sensitive, or otherwise confidential information that we obtained in representing Client.

No Guarantee

Client understands and agrees that LZLS cannot guarantee a particular result with respect to the Limited Services. There is no guarantee that any trademark application filed will result in the registration of the proposed mark, or that conducting a search will increase the likelihood that the proposed mark will be registered. Client further understands that third parties may intervene before the USPTO to attempt to prevent Client’s trademark from registering. Client agrees that any opinions or other statements expressed by LZLS or its attorneys, including but not limited to statements about the possible results of a trademark application, are not promises or guarantees. For the avoidance of doubt, there is absolutely no guarantee that any trademark application filed by LZLS will result in the registration of the proposed mark, or that any search performed will increase the likelihood that the proposed mark will be registered, or that the results will be complete. Trademark Examining Attorneys at the USPTO each have subjective opinions, and these may vary by Examining Attorney.

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.

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
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.
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.
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.
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.
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.
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 notices@LZLegalServices.com. 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.
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 Client’s 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 Client: to Client’s email on file with LZLS.

If to LZLS: notices@LZLegalServices.com.

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 Client nor LZLS 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 Client has purchased additional products or services to be rendered by or through LegalZoom.com, Inc. or any of its subsidiaries, the terms of this Agreement are only applicable to the Limited 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: March 15, 2024