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Terms and Conditions

We are pleased that you have chosen to use the thatmark.net web application to pursue protection of your intellectual property via patents, trademarks, copyrights and/or other services.The thatmark.net web application was developed by ThatMark, LLC, a limited liability corporation of the state of Georgia.The purpose of this document is to describe ThatMark, LLC , the scope and limitations of the services it provides, and the means by which you will be represented by a licensed attorney when you use the thatmark.net web application.

Please note that ThatMark, LLC is a technology solution provider that owns and operates the thatmark.net website (“Site”). ThatMark, LLC is not a law firm.As such, the Terms and Conditions listed below define an engagement between you and the law firm(s) identified therein.If you have any questions about these Terms and Conditions, or the nature of your relationship with ThatMark, LLC, or the nature of your relationship with the law firm(s) identified herein, either login to your account at thatmark.net and follow the prompts for contacting a ThatMark, LLC representative or utilize the contact information provided at the end of this document.

ENGAGEMENT AGREEMENT

THIS ENGAGEMENT AGREEMENT (the “Agreement”) is between you or the company or entity or individual that you represent (the “Client”) and the law firm of Smith Tempel Blaha, LLC having offices in Athens Georgia and Atlanta Georgia (the “Firm”).You hereby acknowledge that you fully understand and affirm that the Firm’s client for purposes of this representation is limited to the Client and not any business associate the Client may have or corporate entity that may be later formed. By checking the “Accept Terms” box, you hereby affirm that you are authorized to legally bind the Client, whether Client is an individual or corporate entity, and so affirm and agree on behalf of the Client to be bound by the provisions set forth in this Agreement.

TERMS AND CONDITIONS

1. Acceptance. The Client’s acceptance of these Terms and Conditions and the Client’s provision of payment is an express authorization to enter into an engagement that is strictly between the Firm and the Client and to have the Firm serve as Client’s legal counsel for a limited representation as defined within this Agreement.Client’s acceptance of these terms, in conjunction with the selection of a service package (i.e., a “DIY” package or a “DIFM” package), defines the scope and limits of any and all legal duties and representation that will be provided to Client by the Firm.Client understands and affirms that the Firm reserves the right to decline this engagement for any reason including, but not limited to, identification of a conflict of interest with another client of the Firm, reception of false or misleading information from the Client or questionable conduct on the part of the Client.As such, this engagement is not entered into until such time as the Firm performs a conflict of interest check and affirms the engagement by sending the Client an email confirmation expressly stating that the Client and the Firm are engaged.If the Firm declines engagement, all funds received will be returned and all information obtained through the Site will be destroyed. The Client affirms that it is Client’s understanding that ThatMark, LLC (“ThatMark”) is not a law firm and is a separate entity from the Firm.The Firm is not a division, subsidiary or partner with ThatMark.The Firm pays a licensing fee to ThatMark for utilization of ThatMark’s technology platform as well as for advertising, promotion, business development, and payment processing services. The Client understands that ThatMark is based only in the state of Georgia within the United States and, therefore, irrespective of the location of the Client or the device(s) the Client is using, has used, or will use to access the Site, the Client’s use of the Site occurs solely within Clarke County in the State of Georgia as though the Client is physically located in Clarke County Georgia.Client understands that ThatMark is not responsible for the quality, efficiency or completeness of the work or services provided by the Firm or the United States Patent and Trademark Office (“USPTO”) or the Copyright Office and any liability on the part of ThatMark will be limited only to the amount of service fees paid by the Client to ThatMark under this Agreement.The Client expressly authorizes ThatMark to receive the information provided through the Site and to pass that information on to the Firm, including the contact information for the Client and any and all other information provided by the Client.

2. Client / General Scope of Representation. The Client affirms that by checking the “Accept Terms” box below it is engaging the Firm, according to the Terms and Conditions set forth herein, to represent the Client, subject to limitations, with regards to the Trademark, Copyright, Patent and/or other property that is the subject of Client’s present interaction with thatmark.net (“the Property”). Moreover, Client acknowledges and understands that these Terms and Conditions will serve as an Engagement Letter and Attorney-Client Fee Agreement with the Client once the Client checks the “Accept Terms” box and the Firm sends a confirmation email to the Client.Further, Client acknowledge that the Firm’s representation does not extend beyond the boundaries of this current engagement and, specifically, does not extend to any foreign matters or to any other party other than the Client.The Client understands and acknowledges that the Firm will be engaged on the Client’s behalf to advise and represent the Client in connection with the Property the Client has identified through the Site (the “Matter”).The scope of the Firm’s representation is limited to the Matter, as defined below; however, the Client may expand the scope of the Firm’s representation from time to time, provided that any expansion is agreed to by the Firm.

The Client understands that ThatMark LLC is a Georgia limited liability company, is not a law firm, and so does not earn any portion of the Legal Fees identified in any of the workflows at the Site. The Legal Fees are only earned and paid to the Firm in compensation for legal services provided to the Client within the United States.All legal fees received from the Client will be held in a trust account (referred to as an IOLTA) until engagement with the Client is confirmed and legal services are rendered as defined herein.

The Client understands that attorneys at the Firm will not share confidential information with ThatMark employees.Client understands that attorneys at the Firm are able to advise the Client only on federal U.S. legal issues and/or state law issues in the state of Georgia or in the state in which the attorney is licensed to practice law.Client understands that the Firm may hire licensed attorneys on fixed fee contractual basis to assist internal attorneys employed by the Firm in the initial review of trademark filings and renewals, copyright filings and patent filings, as well as other filings related to any of the foregoing.All such attorneys will be subject to confidentiality provisions and will be in good standing with their respective state bar.The Client understands that the fees of any contract attorney of the Firm will be directly negotiated and paid by the Firm and will generally be a portion of fees collected from the Client.

Client understands that once a trademark application or renewal request, patent application and/or copyright application or any other filing with the USPTO or Copyright Office is made, the information associated therewith may become public knowledge.As such, information such as the name of the owner, telephone number, mailing address, email address etc. included in an application or other filing may become publicly available.The Client understands that such information may be publicly available even after the Property is abandoned or expired.

The Client understands and agrees that the Firm may disclose the fact that the Firm represents the Client, as such information may need to be disclosed in conducting conflict checks, advertising purposes or references and further, that such information will be a public record at the USPTO and/or Copyright Office.

3. Term of Engagement. The Term of this Agreement will begin upon the Firm providing a confirmation email following the Client’s acceptance of these Terms and Conditions and will continue until terminated in accordance with the selected service package or, alternatively, until terminated by either the Client or the Firm at any time for any reason, subject on the Firm’s part to applicable rules of professional conduct. In the event that the Firm terminates this engagement, the Firm will take such steps as are reasonably practicable to protect the Client’s interests in the Matter. Unless previously terminated, the Firm’s representation of the Client in the Matter will terminate upon completion of the services identified in the service package selected by the Client through the Site and/or Client’s election to cancel the service package. Following such termination, otherwise nonpublic information the Client has supplied to the Firm will be kept confidential in accordance with applicable rules of professional conduct. The Firm’s files, including any attorney work product that pertains to the Matter, will be retained by the Firm unless such information is available from the USPTO or Copyright Office, in which case the information may be destroyed. All such documents retained by the Firm, whether in digital or paper form, will be transferred to the person responsible for administering the Firm’s records retention program. For various reasons, including the minimization of unnecessary storage expenses, the Firm hereby reserves the right to destroy or otherwise dispose of any such documents or other materials retained by them within a reasonable time after the termination of the engagement.Further, the Term of this Engagement may further be limited based on the services package that is selected by the Client.Absent an agreement to the contrary, representation shall end in accordance with the services package selected by the Client.Representation will also end in the event that the Property is assigned to a different owner and Client understands that the future owner of the Property will not be a Client of the Firm unless a separate engagement letter is entered into between the Firm and the subsequent owner.

4. Scope of Representation. As described above, the scope and level of the Firm’s representation in the Matter is defined by, and limited to, the services associated with the particular service package that is selected by the Client and purchased through the Site.Expansion of the representation beyond that which is outlined below and on the Site is subject to approval by the Firm per point 1 above.The Client understands, gives consent, and grants a Power of Attorney to the Firm, if required, to represent the Client with regards to the Property and the Matter before the United States Patent and Trademark Office and/or the United States Copyright Office, whichever may be applicable.

For Trademark Filing Services

DIY Package – Under this package, a licensed patent and/or trademark attorney will: (1) review and approve the data provided by the Client through the Site in association with the Matter to determine if the basic requirements for filing a trademark application are met; (2) prepare a trademark application for the Client and provide the trademark application to the Client for review, approval and signature; (3) verify that the application has been signed and ready for filing, and then provide a link via email to the Client for filing the application with the USPTO.The Client will be listed as the correspondent on the application and, thus, all communications from the USPTO associated with the trademark application will go directly to the Client. In addition, a “knock-out” search will be conducted with the search engine available from the USPTO to look for “direct hits” that may prevent the Client’s trademark from being registered.Any “direct hits” will be provided to client commensurate with step (2) above.The Client understands that trademark searching resulting in no “direct hits” is not a guarantee that the trademark application will be registered or that conflicting marks do not exist or that other parties will not oppose the Client’s registration.Client understands that at times trademarks are not properly recorded at the USPTO and, as such, may not be available for public viewing at the time the search is conducted even though the trademark may have been filed prior to the search.Client further understands that certain anomalies or characteristics of the search engine and/or the literal elements entered in a “knock-out” search may result in not finding an existing conflicting trademark.CLIENT UNDERSTANDS THAT ALL REPRESENTATION BETWEEN THE FIRM AND CLIENT WILL CEASE UPON THE DELIVERY OF THE EMAIL WITH THE FILING LINK TO THE CLIENT, THUS ENDING THE ENGAGEMENT BETWEEN THE CLIENT AND THE FIRM.

DIFM Package – Under this package, a licensed patent and/or trademark attorney will: (1) review and approve the data provided by the Client through the Site in association with the Matter to determine if the basic requirements for filing a trademark application are met; (2) determine an applicable International Classification in which to register the mark (please note that if multiple classes are required in order to capture all the goods and/or services identified by the Client, the Client will be notified and requested to provide affirmative confirmation and funding prior to moving forward with the trademark application); (3) prepare a trademark application for the Client and provide the trademark application to the Client for review, approval and signature; (4) file the trademark application on behalf of the Client; (5) respond to any correspondence received from the USPTO pertaining to the trademark application until the trademark application is either approved for registration or finally refused; (6) post registration, monitor the status of the registration; (7) attend to filing renewals of the registration when they come due (note that the government filing fees for renewals are fully covered through the monthly legal fees if collected up to and including the filing of the renewal; however, if Client stops monthly payments, terminates the engagement, Client’s credit card is refused, or payments stop for any other reason, the fees collected will not be refunded except on a pro rata basis for the portion of those fees specifically collected for the government fees at the time of renewal, which fees are only collected during the tail end of the renewal period and only the fees collected for the government fees up to the time of termination will be refunded if requested by the client in writing or email); (8) and provide Client with filing confirmations for each action taken on behalf of Client.NOTE THAT REPRESENTATION OF THE CLIENT UNDER THE DIFM PACKAGE DOES NOT INCLUDE REPRESENTATION IN AN APPEAL TO THE TRADEMARK TRIAL AND APPEAL BOARD (“TTAB”), REPRESENTATION IN AN OPPOSITION PROCEEDING BEFORE THE TTAB, REPRESENTATION IN A CANCELATION PROCEEDING BEFORE THE TTAB, REPRESENTATION IN A COURT OF LAW, OR FILING OF A NEW OR ADDITIONAL APPLICATION FOR TRADEMARK, SENDING OR RESPONDING TO CEASE AND DESIST LETTERS, AS NON-LIMITING EXAMPLES.IF THE TRADEMARK APPLICATION IS FINALLY REFUSED, THE FIRM WILL NOTIFY CLIENT REGARDING OPTIONS AT THAT TIME AND CLIENT WILL HAVE THE OPPORTUNITY TO FURTHER ENGAGE THE FIRM FOR FILING AN APPEAL WITH THE TTAB OR REFILING THE TRADEMARK APPLICATION.AS SUCH, ONCE A FINAL REFUSAL IS RECEIVED, THE FIRM WILL NOTIFY CLIENT AND THE ENGAGEMENT BETWEEN CLIENT AND THE FIRM WILL BE TERMINATED AT THAT POINT AND ALL MONTHLY RECURRING CHARGES WILL CEASE WITHIN 30 DAYS OF CANCELLATION.If the trademark application is registered, the engagement between the Client and Firm will continue until either party cancels the engagement per section 3.In addition, a trademark search will be conducted with the search engine available from the USPTO, and may also include searching at a State level, domains and general Internet use, to look for direct hits and variants that may prevent the Client’s trademark from being registered.The Client understands that trademark searching is not a guarantee that the trademark application will be registered or that conflicting marks do not exist or that other parties will not oppose the Client’s registration.Client understands that at times trademarks are not properly recorded at the USPTO and, as such, may not be available for public viewing at the time the search is conducted even though the trademark may have been filed prior to the search.Client further understands that certain anomalies or characteristics of the search engine and/or the literal elements entered, including wildcards used to find similar marks, in a search may result in not finding an existing conflicting trademark.

For Trademark Renewal Services

DIY Package – Under this package, a licensed patent and/or trademark attorney will: (1) review and approve the data provided by the Client through the Site in association with the Matter to determine if the basic requirements for filing a trademark renewal are met; (2) prepare a trademark renewal request for the Client and provide the trademark renewal request to the Client for review, approval and signature; (3) verify that the trademark renewal request has been signed and ready for filing, and then provide a link via email to the Client for filing the renewal with the USPTO.The Client will be listed as the correspondent on the application and, thus, all further communications from the USPTO associated with the trademark application will go directly to the Client.CLIENT UNDERSTANDS THAT ALL REPRESENATION BETWEEN THE FIRM AND CLIENT WILL CEASE UPON THE DELIVERY OF THE EMAIL WITH THE RENEWAL FILING LINK TO THE CLIENT, THUS ENDING THE ENGAGEMENT BETWEEN THE CLIENT AND THE FIRM.

DIFM Package – Under this package, a licensed patent and/or trademark attorney will: (1) review and approve the data provided by the Client through the Site in association with the Matter to determine if the basic requirements for filing a trademark renewal request are met; (2) prepare a trademark renewal request for the Client and provide the trademark renewal request to the Client for review, approval and signature; (3) file the trademark renewal request on behalf of the Client; (4) respond to any correspondence received from the USPTO pertaining to the trademark renewal request; (5) monitor the status of the renewal request; (6) attend to filing further renewals of Client’s registration when they come due (note that the government filing fees for further renewals are fully covered through the monthly legal fees if collected up to and including the filing of the renewal; however, if Client stops monthly payments, terminates the engagement, Client’s credit card is refused, or payments stop for any other reason, the fees collected will not be refunded except for fees specifically collected for the government fees, which fees are only collected during the tail end of the renewal period and only the fees collected for the government fees up to the time of termination will be refunded if requested by the client in writing or email); (7) and provide Client with filing confirmations for each action taken on behalf of Client.NOTE THAT REPRESENTATION OF THE CLIENT UNDER THE DIFM PACKAGE DOES NOT INCLUDE REPRESENTATION IN AN APPEAL TO THE TRADEMARK TRIAL AND APPEAL BOARD (“TTAB”), REPRESENTATION IN AN OPPOSITION PROCEEDING BEFORE THE TTAB, REPRESENTATION IN A CANCELATION PROCEEDING BEFORE THE TTAB, SENDING OR RESPONDING TO CEASE AND DESIST LETTERS, REPRESENTATION IN A COURT OF LAW, OR FILING OF A NEW OR ADDITIONAL APPLICATION FOR TRADEMARK.IF THE TRADEMARK RENEWAL REQUEST IS FINALLY REFUSED, THE FIRM WILL NOTIFY CLIENT REGARDING OPTIONS AT THAT TIME AND CLIENT WILL HAVE THE OPPORTUNITY TO FURTHER ENGAGE THE FIRM FOR FILING AN APPEAL WITH THE TTAB OR REFILING THE TRADEMARK APPLICATION.AS SUCH, ONCE A FINAL REFUSAL IS RECEIVED, THE FIRM WILL NOTIFY CLIENT AND THE ENGAGEMENT BETWEEN CLIENT AND THE FIRM WILL BE TERMINATED AT THAT POINT AND ALL MONTHLY RECURRING CHARGES WILL CEASE WITHIN 30 DAYS OF CANCELLATION.

For Copyright Filing Services

DIY Package – Under this package, a licensed patent and/or trademark attorney will: (1) review and approve the data provided by the Client through the Site in association with the Matter to determine if the basic requirements for filing a copyright registration are met; (2) prepare a copyright registration application for the Client and provide the application to the Client in digital form for review, approval and signature; (3) provide instructions to the Client with regards to sending in samples of the copyrighted work.The Client will be listed as the correspondent on the application and, thus, all further communications from the USPTO associated with the copyright application will go directly to the Client.ALL REPRESENATION BETWEEN THE FIRM AND CLIENT WILL CEASE UPON THE DELIVERY OF THE EMAIL WITH THE DIGITAL APPLICATION TO THE CLIENT, THUS ENDING THE ENGAGEMENT BETWEEN THE CLIENT AND THE FIRM.

DIFM Package – Under this package, a licensed patent and/or trademark attorney will: (1) review and approve the data provided by the Client through the Site in association with the Matter to determine if the basic requirements for filing a copyright application are met; (2) prepare a copyright application for the Client; (3) file the copyright application on behalf of the Client; (4) respond to any correspondence received from the USPTO pertaining to the copyright application; (5) monitor the status of the application; (6) attend to any further procedural matters such as updating addresses and authorship information and status; and (7) serve as the point of contact for any requests pertaining to licensing of the copyrighted work.NOTE THAT REPRESENTATION OF THE CLIENT UNDER THE DIFM PACKAGE DOES NOT INCLUDE REPRESENTATION IN AN APPEAL TO THE COPYRIGHT OFFICE, REPRESENTATION IN AN INFRINGEMENT PROCEEDING, REPRESENTATION IN A COURT OF LAW, OR NEGOTIATING AND PREPARING A LICENSE OF THE WORK.IF THE COPYRIGHT REGISTRATION IS FINALLY REFUSED, SUCH AS IF THE WORK IS NOT PROTECTABLE VIA COPYRIGHT, THE FIRM WILL NOTIFY CLIENT REGARDING OPTIONS AT THAT TIME AND CLIENT WILL HAVE THE OPPORTUNITY TO FURTHER ENGAGE THE FIRM FOR FILING AN APPEAL WITH THE COPYRIGHT OFFICE OR REFILING THE COPYRIGHT APPLICATION.AS SUCH, ONCE A FINAL REFUSAL IS RECEIVED, THE FIRM WILL NOTIFY CLIENT AND THE ENGAGEMENT BETWEEN CLIENT AND THE FIRM WILL BE TERMINATED AT THAT POINT AND ALL MONTHLY RECURRING CHARGES WILL CEASE WITHIN 30 DAYS OF CANCELLATION.

Work that is expressly excluded from any and all of the service packages includes, but is not limited to, the following: providing assessment of state law and state level trademark protection; responding to cease and desist challenges; providing a review and/or analysis and/or opinion of search results related to registration of trademarks or patentability of inventions; responding to opposition proceedings against Client’s trademark application; providing assessment of originality of Client’s mark or assessment of novelty and obviousness of Client’s invention, or assessment of likelihood of confusion challenges to Client’s mark, or assessment of statutory and court-sanctioned bars; defense of infringement of trademarks and/or patents; validation of dates of use in commerce and anywhere; validation of ownership and chain of title; and examination of other properties of Client that are not included within the current Property.However, Client may separately engage the Firm for any of the foregoing services.

The Client understands that the available service packages only include legal activities to the extent required to attempt to secure rights within the United States and, as such, the rights that may be granted by the USPTO or the Copyright Office are only applicable within the United States and do not have any application whatsoever in other countries.Client understands that other countries have their own body of law and that to obtain rights in those countries the Client must make formal filings in those countries.The Client understands that the Client can request to expand the scope of representation by the Firm but that such expansion will be expressed in a separate engagement between the Firm and the Client outside of the services offered by ThatMark and that the Client will have additional legal fees associated with such representation.

5. Fees and Expenses. The cost to the Client is dictated by the particular service package selected and purchased through the Site.All monetary transactions of the Site are handled by LawPay, a secure payment service (lawpay.com).As explained above, cancelation or nonpayment of the monthly/annual fees associated with the service packages provided through the Site will be interpreted as a disengagement of the Firm and will, consequently, relieve the Firm of any responsibility to maintain the Client’s Matter and/or provide further services in connection therewith. Prior to the commencement of the limited services identified by the selected service package, the Client agrees to pay Firm the charges described herein.In addition, the Client acknowledges that for each of the DIY and DIFM packages, the Firm’s fees are actually earned once the Firm performs any one or more of the following activities: (a) Firm has conducted an initial review of the information received from the Client through the Site; (b) Firm has sent correspondence to the Client regarding search results, requests for additional information, requests for clarification of information, requests for specimens of use, identifying the classification for a trademark or answering a Client’s question pertaining to federal patent, trademark or copyright law or providing other legal advice; (c) Firm commences any of the work identified in the selected service package; (d) Client engages in phone or email consultation with the Firm.The Firm charges standard fixed fee rates for the services provided.Any fees in any of the service packages that are designated as ThatMark Service Fees are earned by ThatMark in the provision and maintenance of a user account for the Client, provision of data intake services provided by the Site, provision of status updates, forwarding of public correspondence issued by the USPTO or Copyright Office and maintaining the Property within the Docket System of the Site, which services are not and should not be construed as providing legal services.

6. Client Responsibilities. The Client agrees to cooperate fully with the Firm and to promptly provide all information known or available to the Client relevant to the Firm’s representation of the Client’s interests.The Client further agrees to maintain and update contact information through the Site.The Client understands that all confidential communication and information should be shared only through a licensed attorney of the Firm with which the Client has an attorney/client relationship.Client understands that there is a wall and electronic confidentiality agreement governing communications between employees of ThatMark and the Firm with respect to any confidential materials.The Client affirms that the Client will be completely truthful in all statements and any form of information provided to the Firm, Client will update the Firm regarding status of the Client, ownership of the Property, address changes in contact information and Client acknowledges that the email address that the Client provides in setting up this account with ThatMark will be the only channel of communications between the Firm and the Client unless the parties agree to use an alternative form of communication for a particular exchange, such as a consultation call, but that the conclusion of such exchange will be the conclusion of the use of the alternative form and all communications will then revert to the provided email address.

7. Conflicts. Please be aware that the Firm represents many other companies and individuals. It is possible that during the time that the Firm is representing the Client, some of the Firm’s present or future clients will have disputes or transactions with the Client. The Client hereby agrees that the Firm may continue to represent or may undertake in the future to represent existing or new clients in any matter, including in litigation or arbitration, that is not substantially related to the Firm’s work for the Client even if the interests of such clients in those other matters are directly adverse to the Client. The Firm agrees, however, that the Client’s prospective consent to conflicting representations contained in the preceding sentence shall not apply in any instance where, as a result of the Firm’s representation of the Client, the Firm has obtained proprietary or other confidential information of a nonpublic nature, which, if known to such other client, could be used in any such other matter by such client to the Client’s material disadvantage.

8. No Guarantees.The Client acknowledges, affirms and understands that the Firm has not and cannot make any promises, warranties or guarantees to the Client, either expressed or implied, pertaining to the outcome of the Matter.The Client has the opportunity to engage any other law firm on its behalf but has chosen to utilize the services of the Firm through the limited engagement identified in the selected service package and, by doing so, the Client understands that the fixed fee arrangements represent a discounted price in exchange for a reduction in scope, effort and time provided as legal counsel by the Firm. Due to the reduction in scope, effort and time provided as legal counsel by the Firm, the Client understands and acknowledges that it could be disadvantaged because (a) the Firm may not be able to fully explore and discuss all issues and nuances related to the Matter; and (b) the Firm may not be able to fully address all questions that the Client may have regarding the Matter.Consequently, the Client understands that the limited scope of representation provided by the Firm, as defined by the service packages, may have a negative impact on the Client including the completeness, accuracy and sufficiency of the consultation and services.However, if the Client believes that the Client’s needs are not being met by the limited scope, the Client may hire the Firm for further consultations or hire another firm.Further, the Client acknowledges that this Agreement defines the complete and entire agreement and commitment between the Client and the Firm regarding the Matter and there are no other agreements or understandings in any form that extend the scope of this Agreement.

9. Powers Granted to Firm.The Client agrees and authorizes the Firm to take actions on behalf of the Client for furthering the services identified in the selected service package.These actions may include, but are not limited to, modifying the description and scope of goods and/or services for a trademark application, disclaiming certain portions of a mark, identifying a specimen of use for a trademark application or renewal, drafting claims for a patent, drafting arguments and amendments in response to an office action from a government entity pertaining to the Property, determining whether to file a logo trademark as a black and white logo or to claim particular colors, and taking other reasonable actions.Client understands that deadlines may be imposed by government entities and that if client does not respond to communications from the Firm, the Firm may have to take action on behalf of the Client absent of receiving a response from the Client and the Client expressly authorizes such actions.The Client also understands that in some situations, if the Client does not provide requested information, the Firm cannot take further action on behalf of the Client.As a non-limiting example, when an intent to use trademark application is filed under Section 1(b), if the Client does not commence use of the mark and provide proof of such use to the Firm, the Firm cannot file a statement of use and ultimately the application will become abandoned.The Firm is not liable for any abandonments of the Property that have occurred as a result of the Client failing to respond to the Firm’s communications or requests for information.

10.Miscellaneous.This Agreement cannot be modified except in writing that is signed by both the Firm and the Client.This Agreement cannot be assigned to another party without written consent of the parties.Any disagreements, including but not limited to, disputes regarding fees, quality of work, appropriateness of service, claims for breach of contract, malpractice, negligence, breach of fiduciary duty, fraud, that may arise between the Firm and the Client will be handled through binding arbitration after the parties have exercised good faith efforts to resolve any such agreements in an amicable manner.All such arbitration will be held in the county of Clarke in the State of Georgia.Thus, the Client and the Firm agree to waive any rights to a jury trial or a trial by judge and both parties understand and recognize that this is a waiver of their rights and that both parties have had the opportunity to speak with legal counsel regarding this waiver.If any portion of this Agreement is found to be unenforceable, it shall be stricken from the Agreement or modified to retain the scope or intent of the portion without having any effect on the remainder of the Agreement.

11. Notice. Any notices regarding this Agreement or legal services should be directed as follows:

Smith Tempel Blaha, LLC

1055 Prince Ave, Suite 3

Athens GA 30606

gsmith@srtslaw.com

Any questions or information about ThatMark, the Site and ThatMark services should be directed to:

ThatMark LLC

1055 Prince Ave, Suite 3

Athens GA 30606

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