IMPORTANT: This document contains two parts:
⦁ PART I applies to all visitors of this Website.
⦁ PART II constitutes the Legal Engagement Agreement and applies specifically to clients who purchase services through this Website.
By using this Website, you agree to Part I. By purchasing a service, you explicitly agree to be bound by Part II.

PREAMBLE: COOKIE CONSENT

This Website uses cookies. By using this Website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our Privacy Policy.

PART I: WEBSITE TERMS & CONDITIONS OF USE

(Applicable to all Site Visitors)

1. No Attorney-Client Relationship (Browsing) TrademarkVault.com is a service of Drumm Law, LLC. The viewing of this Website, in part or in whole, and/or communication with Drumm Law, LLC through the Website (including your submission of a questionnaire, contact form, or email), does not constitute an agreement to perform services or create an attorney-client relationship.

2. Jurisdictional Limitations Drumm Law, LLC employs attorneys licensed to practice law in various jurisdictions and before the United States Patent and Trademark Office (USPTO).
⦁ Federal Practice: For matters of federal trademark and copyright law, our attorneys are authorized to represent clients in all 50 states and internationally before the USPTO.
⦁ State Law: We do not provide advice regarding state laws (e.g., contracts, formation) outside of the specific jurisdictions where our attorneys are licensed.

3. Website Not Legal Advice The information contained in this Website is for informational purposes only and may not reflect the most current legal developments. You should not act or refrain from acting on the basis of any content included in this website without seeking appropriate legal advice. We are not responsible for any third-party content that may be accessed through this Website.

4. Intellectual Property & License to Use Website This Website is protected by the copyright laws of the United States and its various jurisdictions.
⦁ Limited License: You may print a copy of any part of the Website for your own personal, non-commercial use.
⦁ Prohibitions: You are strictly prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, or creating derivative works from any content on this site. You may not include any part of this Website in another work by linking, framing, or otherwise without our express written consent.

5. Data Privacy & Confidentiality While no attorney-client privilege exists until a relationship is formally established, Drumm Law, LLC respects the sensitivity of your intellectual property.
⦁ Use of Data: We collect information necessary to evaluate your business goals and conduct proper searches. We do not sell your personal information or business ideas to third parties.
⦁ Security: We may collect IP addresses for system administration and security. However, please be advised that information conveyed via the Internet may not be secure. By sending sensitive information via unencrypted email, you accept the inherent risks.

6. Acceptable Use You must not use this Website in any way that causes damage to the Website or impairment of its availability; or in any way which is unlawful, illegal, fraudulent, or harmful.
⦁ Malware: You must not use this Website to distribute spyware, viruses, Trojan horses, or other malicious software.
⦁ Scraping: You must not conduct systematic or automated data collection (scraping, mining, harvesting) without Drumm Law, LLC’s express written consent.
⦁ Unsolicited Marketing: You must not use this website to transmit unsolicited commercial communications.

7. Attorney Advertisement & Specialization In some jurisdictions, this Website may be considered advertising. Drumm Law, LLC designates its Arvada, Colorado office as its principal office and H. Michael Drumm as the attorney responsible for the Website.
⦁ Colorado Certification Disclaimer: The State of Colorado does not certify lawyers as specialists in any field. Any reference to “specialist,” “expert,” or “specialized” on this website refers to the attorney’s focus on trademark law and experience, not a certification by the State of Colorado.

8. No Warranties (“As Is”) This Website is provided “as is” without any representations or warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the information on this Website is complete, true, accurate, or non-misleading.

9. Limitations of Liability (Website Use) Drumm Law, LLC, its partners, officers, directors, employees, and agents will not be liable to you in relation to the contents of, or use of, this Website:
⦁ For any direct loss (to the extent the Website is provided free-of-charge);
⦁ For any indirect, special, or consequential loss; or
⦁ For any business losses, loss of revenue, profits, reputation, or goodwill.

10. Variation of Terms Drumm Law, LLC may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this Website from the date of the publication of the revised terms on this Website. Please check this page regularly to ensure you are familiar with the current version.

PART II: LIMITED SCOPE ENGAGEMENT AGREEMENT

(Applicable ONLY to Clients Purchasing Services)

BY CLICKING “I AGREE” AT CHECKOUT AND SUBMITTING PAYMENT, YOU (“CLIENT”) ENTER INTO THIS BINDING LEGAL ENGAGEMENT AGREEMENT WITH DRUMM LAW, LLC (“ATTORNEY” or “FIRM”).

1. NATURE AND SCOPE OF SERVICES The Firm agrees to provide legal services limited strictly to the specific package purchased by the Client as described on the Website at the time of purchase (e.g., “Trademark Search,” “Trademark Application Filing”).
⦁ Included Services: Review of the proposed trademark, completion of a trademark search (if purchased), drafting of a review letter (if purchased), and preparation/filing of the Client’s trademark application.
⦁ Excluded Services: Unless separately purchased, this representation does not include:
⦁ Office Action responses (e.g., Likelihood of Confusion refusals, Descriptiveness refusals.
⦁ Statement of Use filings (for Intent-to-Use applications).
⦁ Extension Requests.
⦁ Trademark Renewals.
⦁ Opposition proceedings or Litigation.

⦁ Separate Engagement for Additional Services: Any services not explicitly listed as “Included” above are outside the scope of this Agreement. If the Client wishes to retain the Firm for such services, a separate written engagement letter or fee agreement must be executed. The Firm is under no obligation to perform additional services until such separate agreement is signed and the applicable fee is paid.

2. CLIENT RESPONSIBILITIES Client agrees to:
⦁ Provide truthful, accurate, and complete information regarding the trademark and business.
⦁ Respond promptly to Firm communications. Client understands that failure to respond may result in the abandonment of the trademark application by the USPTO.
⦁ Keep Attorney informed of Client’s current contact information.

3. FEES AND “EARNED UPON RECEIPT” DISCLOSURE (COLORADO RULE 1.5) The fee for the service is the flat fee listed on the checkout page.
⦁ Basis of Fee: The fee is a “Flat Fee” based on the efficiency and intellectual capital of the Firm’s systems and expertise.
⦁ When Earned: In accordance with Colorado Rule of Professional Conduct 1.5(h), you agree that this flat fee is earned by the Firm upon receipt. Due to the administrative nature of these small flat fees, the funds will be deposited into the Firm’s operating account and will not be held in a trust account.
⦁ Refunds: You have the right to terminate this representation at any time. However, because the fee is earned upon receipt and covers the reservation of Firm resources and initial intake review, refunds are granted only at the sole discretion of the Firm or if required by ethical rules (e.g., if we have performed no work).

4. FUTURE DEADLINES & DOCKETING (NO DUTY TO REMIND) Attorney is not a docketing service. If the trademark is registered, Client is solely responsible for tracking and meeting all future renewal deadlines (typically between the 5th and 6th year, and every 10 years). Attorney will not remind Client of said deadlines unless Client specifically engages Attorney for maintenance services.

5. GOVERNMENT FEES & EXPENSES The fees listed on the checkout page include the standard USPTO government filing fee (TEAS Plus) unless otherwise noted.
⦁ Price Increases: If the USPTO raises its fees after your payment but before your filing, you agree to pay the difference prior to filing.
⦁ Class Upgrades: If your application requires a higher fee class (TEAS Standard) due to your specific goods/services description, you agree to pay the difference.

6. TERMINATION OF AGREEMENT
⦁ By Client: Client may terminate this engagement at any time upon reasonable notice to Attorney.
⦁ By Attorney: Attorney retains the right to terminate this Agreement subject to ethical obligations (e.g., for non-payment, failure to cooperate, or unethical conduct by Client).
7. NO GUARANTEE OF SUCCESS Client understands the Legal Services provided by Attorney do not guarantee registration of Client’s trademark. The USPTO may reject your application for many reasons. Fees paid are for the legal service of preparation and filing, not for the result. A rejection by the USPTO does not entitle Client to a refund.

8. ELECTRONIC SIGNATURE The Agreement may be executed by the parties in electronic counterparts. Client signifies its signature and acceptance of these terms by providing its name in the checkout/application process and clicking the “I Agree” (or similar) button.

PART III: GENERAL PROVISIONS

(Applicable to Parts I and II)

1. Indemnity You hereby indemnify Drumm Law, LLC, its partners, officers, directors, employees, and agents against any losses, damages, costs, liabilities, and expenses (including legal expenses) arising out of any breach by you of any provision of these terms and conditions.

2. Governing Law This Agreement is governed by the laws of the State of Colorado. Any disputes shall be resolved exclusively in the state or federal courts located in Colorado.

3. Assignment Drumm Law, LLC may transfer, sub-contract, or otherwise deal with its rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these terms.

4. Severability & Entire Agreement If a provision of these terms is determined to be unenforceable, the other provisions will continue in effect. These terms constitute the entire agreement between you and Drumm Law, LLC regarding your use of this Website.