Terms & Conditions
PLEASE KEEP THIS DOCUMENT FOR YOUR RECORDS
This agreement is made between Greenberg & Lieberman - the Law Offices of Greenberg & Lieberman, a/k/a Greenberg & Lieberman (the firm) and all clients (the client).
All clients have agreed to the Terms & Conditions through the act of ordering work. The Client's signature at the bottom of the order form or retainer agreements, though a formality, attests to the Client's acceptance of the terms found herein. Work will not be done without acceptance of the terms.
The Firm is in the business of providing legal services.
Clients desire to hire the firm to do legal work.
IN CONSIDERATION of the foregoing and of the mutual covenants contained, the parties, intending to be legally bound, agree as follows:
THIS AGREEMENT MODIFIES ALL PRIOR AGREEMENTS:
SIGNATURE UPON ANY FIRM ORDER FORMS, RETAINERS OR OTHER CONTRACTS IS ACCEPTANCE OF THESE TERMS AND CONDITIONS AND SHALL BE SEEN AS A MODIFICATION OF ANY AND ALL FORMER CONTRACTS WHETHER OR NOT THEY INCLUDED A RECITAL TO THESE TERMS & CONDITIONS. FURTHER, IT IS UNDERSTOOD BY THE CLIENT THAT THESE TERMS & CONDITIONS MAY CHANGE FROM TIME TO TIME AND UNLESS THE CLIENT RETAINS A COPY OF THE TERMS & CONDITIONS AT THE TIME OF SIGNATURE THEY DO HEREBY ACCEPT WHATEVER TERMS & CONDITIONS ARE CURRENT AT THE TIME OF ANY DISPUTE.
1. Retention as a law firm
Client hereby retains Firm, and Firm hereby agrees to render legal services to Client, upon these terms and conditions.
a. Client shall pay to Firm, as compensation for the services to be rendered, the amount set out on a flat fee or hourly basis.
b. The Firm shall charge $350 p/h unless modified in writing by Firm partner or by a flat fee order form.
c. The Firm maintains no obligation to perform additional work once work has been completed.
d. The Firm shall represent the Client on a case by case basis.
e. The Firm reserves the right to charge additionally for, but is not limited to: copying, mailing, faxing, and telephoning, depositions, travel, filing and recording fees, photocopies, and any other expenses that are incidental and necessary to the Client's case and understands that reimbursement of said expenses is in addition to the attorneys' fees, unless a written fixed rate is in effect.
f. The Firm shall impose a $40 returned check charge. Additionally, if the Client is late paying monies owed, the interest which shall be charged is APR plus 9% per month.
g. Escrow services are provided on a flat fee basis unless modified by a firm partner. The fees shall as shown in the fee calculator on the aplegal.com website.
3. Covenant of Non-Disclosure
Firm shall not divulge, disclose, or communicate to any person, firm, corporation or other entity, or use for its own benefit or for the benefit of any person, firm, corporation or other entity, any information acquired from the Client, its parent or subsidiaries, without prior consent, unless the work ordered implies that such a disclosure is necessary in order to do the work ordered. Firm reserves the right to assign the work to any of its employees or current subcontractors.
4. Miscellaneous Terms including Fee Division
a. Discussion Time Limits: max 30 minutes during work, otherwise hourly;
b. No contracts are binding unless made by Stevan Lieberman or Michael Greenberg;
c. Government fees not included in quotes, except for the Invention Disclosure;
d. Work done without a written flat fee quote shall be billed hourly and the lack of the words FLAT FEE shall deem the agreement as an hourly fee agreement with nothing more than an estimate for which the client may be liable for additional fees based on the number of hours actually worked;
e. Clients agree to pay for any work ordered , and that all orders are irrevocable, and that failure to pay within 60 days of when promised shall be breach and accept judgment on the basis of that breach;
f. By hiring the Firm to do work Client accepts the Firm's partners' judgment as to the competence of the person(s) doing the work and understands that the Firm and all of its personnel shall do their utmost to deliver the highest quality work and representation possible. Further, the Client understands and explicitly accepts that from time to time Firm personnel may engage the services of other attorneys who may or may not work on a full time basis with or in other law firms for the purpose of delivering to the Client the highest quality of work possible. The Client explicitly gives permission to the Firm to reveal all information provided to the Firm by Client to said additional attorneys or firms under the same terms of confidentiality as provided between the Firm and the Client. Further, the Client accepts the judgment of the Firm and its partners as to when it is necessary to use said other attorneys.
5. Terms Specific to Patents, Trademarks, Copyright
a. Office actions - are not included in the original prosecution fee.
b. The Firm shall not be liable for the actions of the federal government including, but not limited to: the denial of registration of intellectual property, the cancellation of intellectual property.
c. In the process of doing work the Firm will have to mail copies of drafts of patent and trademark applications and signature forms thereof to the Client. It shall be the Client's responsibility to respond to said mailings. The Firm shall not be liable for delays in filings due to the Client's failure to respond to said mailings.
d. The Client should be aware that intellectual property, patents, trademarks, & copyrights may be lost if the piece of intellectual property obtained by the Firm for the Client is not protected by policing the field. Policing services shall be understood to mean a review of the field which the Client's intellectual property resides in order to see if another entity is infringing on the Client's intellectual property. The Firm offers policing services. It is understood by the Client that by providing such policing services the Firm does not guarantee that any and all infringers will be found. Further, if the Client does not order policing services, the firm shall not be liable for any failure to notify Client of a third party infringer even if such information may be known by the Firm. The firm does it best when doing patent and trademark searches, however, these searches are not guaranteed and firm has no liability what so ever if a patent or trademark is found at a later date which may or may not have some relevance.
e. Under no circumstances shall the Firm be liable for the devaluation of a client's intellectual property due to the actions of any third party or actions of the client.
6. Terms Specific to Escrow Transactions : When providing excrow services the firm is working for both the buyer and the seller and both parties agree to waive any conflicts of interest. If there is a conflict between the two parties the Firm shall have the right to hold on to all assets until either the parties agree in writing the disposition of all assets or until an arbitrator or court of law decide the disposition of the assets. The transfer of all assets shall take place in a step to step fashion with all parties being notified of each step or happening in the transaction. All escrow clients shall: fill out The Escrow Transaction Request Form and agree to these terms and conditions either online or on paper; accept the terms and conditions herein. If not otherwise agreed to by the parties all shipping costs (if any), wire or transaction fees shall be split by the parties. All fees of any sort, including escrow fees due to the firm shall be taken out of monies being held by Firm before transfering final payment to Seller. Buyer and Seller warrant that all information provided in the process of a transaction is true and correct and understand that they shall be liable for any and all losses, of any sort, associated with mistatements and untruths, if any, whether intentional or not. The firm reserves the right to cancel any transaction for any reason. If the firm cancels a transaction without explanation the Firm shall not charge the parties anything and shall return all assets to the original owners. The parties specifically agree to not hold FIrm liable for any cancelled transaction for any reason. If the Firm cancells a transaction due to an action by one or both of the parties the Firm's minimum fee shall apply and the party responsible for the Firm cancelling the transaction shall pay all associated fees and costs. If either party requests confidentiality on the The Escrow Transaction Request Form then the Firm and the other party agree that the terms of this escrow transaction shall be kept confidential from any one who does not need to know about the transaction in order for it to be completed.
7. Legal Relief
a. Breach & Fees: In the event Client breaches, or threatens to breach any of the covenants expressed herein, the damages to Firm will be great and irreparable and difficult to quantify; therefore, Firm may apply to a court of competent jurisdiction for injunctive or other equitable relief to restrain such breach or threat of breach, without disentitling Firm from any other relief in either law or equity. If Client breaches this agreement, Client agrees to accept complete liability for all costs and judgment thereof. Costs shall include, but not be limited to: all charges as expressed above, any attorney's fees, costs and associated expenses, work done on a client's behalf or time spent prosecuting or defending any lawsuit in association with, for or against the Client.
b. Agree to Pay: Clients agree to pay for any work ordered, and that all orders are irrevocable, and that failure to pay within 60 days of when promised shall be breach and accept judgment on the basis of that breach;
c. Firm's Members' judgment: By hiring Law Firm to do work, Client accepts the Firm's Members' judgment as to the competence of the person(s) doing the work and understands that Law Firm and all of its personnel shall do their utmost to deliver the highest quality work and representation possible. Further, Client understands and explicitly accepts that from time to time Law Firm personnel may engage the services of other attorneys who may or may not work on a full time basis with or in other law firms for the purpose of delivering to the Client the highest level of work possible. Client explicitly gives permission to Law Firm to reveal all information provided to Law Firm by Client to said additional attorneys or firms under the same terms of confidentiality as provided between Law Firm and Client. Further, Client accepts the judgment of Law Firm and its Members as to when it is necessary to use said other attorneys.
d. Liquidated Damages: The Firm's liability is limited to a maximum liquidated damages of $1000 even if the Firm is found to be grossly negligent.
e. Arbitration: All matters other than initial motions in equity filed under exigent circumstances must be submitted to binding arbitration in accordance with the rules of the American Arbitration Association commercial division however, the AAA arbitrators do not have to be used, only one arbitrator shall be used and no discover shall be allowed. Each party must submit a single document to the arbitrator of any length and the arbitrator shall, in accordance with this document, make a decision. There shall be one arbitrator who shall be chosen by the arbitration association. Neither party shall have any input towards the choosing of the arbitrator. All of said arbitrations shall take place in Montgomery County, Maryland. At no time may the arbitrator award punitive damages unless she believes beyond a reasonable doubt that the party in the wrong acted with malicious intent to breach the contract. The arbitrator may award cost to the party who has been wronged. The arbitrator shall take all terms and conditions found herein as binding on both parties.
8. Termination and Liability
The Firm retains the right to not accept any additional work from any Client. If the Firm wishes it may cease any work for any Client at any time within the bounds of what is acceptable under Maryland law. If the Firm decides to cease doing work midway through a job the Firm shall return all unused monies and shall have no liability for the unperformed work. Firm's complete and actual liability, including any punitive measures and costs awarded by a court of competent jurisdiction, shall be limited to the actual amount paid by client within the calendar year client first complains to the firm, in writing, or the amount paid on the particular project (issue) complained of, whichever is less. If there is a question as to whether the work was done on an hourly or flat fee basis it shall be assumed that the work was done on an hourly basis.
9. Governing Law
This Agreement and all future dealings between Client and Firm shall be construed in accordance with the domestic laws of Maryland, excluding its principles of conflicts of laws. The parties hereto agree that any actions related to this Agreement or between the parties and or any act performed under the banners of the Law Offices of Greenberg & Lieberman or Greenberg & Lieberman shall be venued solely in Montgomery County, Maryland and the parties hereby irrevocably commit to the jurisdiction of the said courts. No other court shall have jurisdiction over this agreement, any actions taken under this agreement or work done by Firm.
The terms of this Agreement shall be severable so that if any term, clause, or provision hereof shall be deemed invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the remaining terms, clauses and provisions hereof, the parties intending that if any such term, clause or provision were held to be invalid prior to the execution hereof, they would have executed an agreement containing all the remaining terms, clauses and provisions of this Agreement.
11. Waiver of Breach
The waiver by either party hereto of any breach of the terms and conditions hereof will not be considered a modification of any provision, nor shall such a waiver act to bar the enforcement of any subsequent breach.
12. Entire Agreement
This Agreement shall constitute the entire agreement between the parties hereto and replaces and supersedes all prior agreements, written and oral, relating to the subject matter hereof, between the parties to this Agreement. Each time Client orders additional work, it shall be deemed they once again accept and confirm the terms found in this agreement.
13. Modification of this agreement: No provisions of this Agreement may be modified, waived, or amended except with the written consent of all Parties.
14. Enforcement: Any failure by any Party to enforce the other Party's strict performance of any provision of this Agreement will not constitute a waiver of its rights to enforce subsequently such provision or any other provision of this Agreement.
15. Drafted Equally: This Agreement shall be deemed to have been drafted equally by both parties to this Agreement.
15. Acceptance: The execution of any Firm Order Form or Retainer by a Client shall indicate that this Agreement conforms to the Client's understanding and is acceptable to the Client. It is further understood and agreed that (1) the Client has read the terms of this Agreement; (2) the Client has had the opportunity to consult or has consulted with counsel of her choice regarding this Agreement; (3) the Client has been given a reasonable and sufficient period of time in which to consider and execute this Agreement; and (4) the Client has entered into this Agreement freely and voluntarily without coercion or undue influence of any kind.
17. Authority: The Client executing this Agreement represents and warrants that he or she has the authority and power to do so from the Party on whose behalf he or she is executing.
18. Signatures: This Agreement may be executed in counterparts.This Agreement may be executed by the parties and transmitted by facsimile, email or online via the aplegal.com website. A facsimile, email or online signature of a party shall be binding as an original.
19. Laws and Regulations: All parties acknowledge and agree to comply with federal, state and local laws and provisions.
20. Assignability of the Agreement: Assignability of the Agreement. This Agreement may not be assigned without the prior written consent of the other party; provided such consent shall not be unreasonably withheld.
21. Execution and Delivery of Documents: Each party to this Agreement agrees to perform any further acts and execute and deliver any documents that may be reasonably necessary to carry out the provisions of this Agreement.
22. Successors: The provisions of the Agreement shall be binding on and shall inure to the benefit of the parties hereto, and their heirs, assigns, and successors.
Our Commitment To Privacy: Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our home page and at every point where personally identifiable information may be requested.
The Information We Collect: This notice applies to all information collected or submitted on the [company name] web site. On some pages, you can order products, make requests, and register to receive materials. The types of personal information collected at these pages are: Name, Address, E-mail address, Phone number, Credit/Debit Card Information, date of birth, SS#, [Etc.].
The Way We Use Information: We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order. Further, as we are a law firm, all of your information is protected under attorney/client privilege (where applicable) and may only be released with your permission, through a court order or if there is a lawsuit between you, our client and the Firm. Otherwise, we do not share this information with outside parties except to the extent necessary to complete the work.
We use return e-mail addresses to answer the e-mail we receive. Such addresses are not used for any other purpose and are not shared with outside parties.
In the future we may use non-identifying and aggregate information to better design our web site and to share with advertisers. For example, we may tell an advertiser that X number of individuals visited a certain area on our web site, or that Y number of men and Z number of women filled out our registration form, but we would not disclose anything that could be used to identify those individuals.
Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
Our Commitment To Data Security: To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
Our Commitment To Children's Privacy: Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our web site from those we actually know are under 13 (unless required for the work), and no part of our website is structured to attract anyone under 13.
How You Can Access Or Correct Your Information: You will eventually be able to access all your personally identifiable information that we collect and make changes to your file. The information will be accessible by you and you alone unless you give your personal password (which will be assigned at that time) to some one else. You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error. Until the online capability of making changes is available please email, mail or phone to make changes.
To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
*We advise you to print the Terms & Conditions & Privacy Statement for your records.