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Last Updated: October 1, 2018
THESE TERMS AND CONDITIONS (THE “TERMS”) BETWEEN YOU AND PATENTPRUFER, LLC, A VIRGINIA LIMITED LIABILITY COMPANY ("PATENTPRUFER"), GOVERN YOUR USE AND ACCESS OF PATENTPRUFER’S SERVICES AND WEBSITE (COLLECTIVELY, THE "SERVICES"). THESE TERMS CONSTITUTE A BINDING AGREEMENT, WHICH INCLUDES A LIMITED LICENSE TO ACCESS AND USE THESE SERVICES. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. AS USED IN THESE TERMS, “YOU” AND “YOUR” MEAN AND REFER TO YOU INDIVIDUALLY, ANY LEGAL ENTITY FOR WHOM YOU USE THE SERVICE, AND ANY OTHER EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES OF THE ENTITY THAT USE THE SERVICE.
You and Patentprufer agree as follows.
A. Limited License
You acknowledge the Services comprise online software that provides information about the patent prosecution process at the United States Patent and Trademark Office. You will pay a fee for the Services, as prescribed by selections made on the Patentprufer website. In exchange for payment of a fee and performance of your obligations under these Terms, Patentprufer will extend a limited, non-transferable, non-exclusive, revocable license to the intellectual property associated with the Services. Your continued payment of any required fee, including a subscription fee, and compliance with all of these Terms, is an express precondition of the provision of this limited license, which license will be deemed to be revoked should you fail to pay any required fee or fail to abide by any of these Terms.
B. Restrictions on Use
1. Posting information to the Service. Regarding your ability to post content or information via the Services, such as Examiner ratings, Examiner comments, and/or information relating to Examiner interviews, you will not post or otherwise transmit any content or information that a reasonable person would consider offensive, derogatory, obscene, or otherwise inappropriate. Patentprufer may remove any content or information it determines, in its sole discretion, is inappropriate or would not assist users with prosecution.
2. Unauthorized access or improper conduct. You will not attempt to gain unauthorized access to any accounts, computer systems, or services used by Patentprufer to provide the Services. You will not use the Services for mining any information contained within, to create a competing service, or to otherwise copy information, code, or other portions of the Services. You agree to not attempt to gain access to any materials or information owned or stored by Patentprufer through any means not intentionally made available by Patentprufer. You will not post or otherwise transmit any computer code that interrupts, destroys, or in any way limits the functionality of any Patentprufer’s computer systems. You will not use the Services in any manner that could in any way impair the Services or any of Patentprufer's computer systems.
3. Limited license only for approved client use. Your license to use the Services extends only to normal use to assist law firms, companies, patent attorneys, patent agents, and other business professionals with the patent prosecution process. The limited license provided by these Terms extends only to this permitted use, and no other (the “Permitted Use”). Among other things, you will not sell, copy, reproduce, create derivative works, or distribute, in any manner whatsoever, any of the Services or any part thereof. You may, however, download, print, and/or distribute copies of individual Examiner profiles of Patentprufer's Services in connection with the Permitted Use, provided that you keep intact all proprietary notices.
4. Collection of data and automated processes prohibited. You will not collect content or information from the Services using any automated means without Patentprufer's prior written permission. You will not use any network monitoring or discovery software to determine the architecture of Patentprufer’s computer systems, or extract information about usage, individual identities, or users. You will not use any automatic or manual process to monitor or copy the Services without Patentprufer's prior written consent.
5. Login sharing prohibited. Your use of the Services requires your payment of a fee and agreement to these Terms. Therefore, you will not share your login credentials with another person, and understand that doing so may result in Patentprufer freezing your account and prohibiting your future access to the system.
C. User Content
1. Transfer of content. Certain sections of the Services allow you to input and store information of various kinds, including information relating to Examiners, such as Examiner ratings, comments relating to Examiners, information regarding Examiner interviews, and other information (referred to collectively as the “Content”). To the extent you have any intellectual property rights in the Content, you will transfer all such rights to Patentprufer, which transfer will be deemed to have occurred at the time of the creation of the particular Content. If necessary, you will execute any documents reasonably necessary to memorialize the transfer of or to register the particular Content.
2. Alternative license. In the event a court or other authority of competent authority holds that Paragraph C.1 is unlawful or otherwise unenforceable, and thereby is severed pursuant to Paragraph M below, in the alternative, you will grant and assign to Patentprufer, an unlimited, perpetual, irrevocable, fully paid, fully sub-licensable, worldwide exclusive license to copy, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works), and otherwise use, any Content that you input and store, for any purpose whatsoever (including, for example, promotional, advertising, and publicity purposes) in Patentprufer’s discretion without notice, approval, or consideration to you or to any other person or entity.
D. Links to Third Party Websites
Patentprufer may provide links to third-party websites or resources. Patentprufer makes no representations about any other website that can be accessed through the Services and/or the Content. Because Patentprufer has no control over such third-party websites and resources, you acknowledge and agree that Patentprufer is not responsible for the availability of such third-party websites or resources and is not responsible or liable for any materials on or available from such websites or resources.
E. Accounts and Registration
Patentprufer requires that each user register and create an account. By registering or creating an account, you will provide accurate and complete information and to inform Patentprufer of any changes to that information. Each registration is for a single user only. You will immediately notify Patentprufer if you become aware of any unauthorized use of your account.
F. Beta Testing
From time-to-time, Patentprufer will provide select users with access to “beta,” or test versions, of the Services. You understand that features, functionality, or other material labeled as “beta” versions of the Services are valuable trade secret material of Patentprufer. If you receive beta access, you will not disclose the content of the beta Services to any other person, except other beta users and Patentprufer or its designated representatives. When using beta versions of the Services, you will reasonably respond or provide requested feedback to Patentprufer to assist in the beta testing process. Because of the unique nature of beta Services, you understand that bugs or other defects will likely exist in Services and that your use of the Services, or any features thereof, in a beta state is completely at your own risk.
G. No Legal Advice
You understand and agree that the Services and/or the Content are not intended to and do not constitute legal advice. In addition, you understand and agree that the Services and/or Content cause no attorney-client relationship to be formed. The accuracy, completeness, adequacy, or currency of the Services and/or the Content are not warranted or guaranteed. You understand that your use of the Services and/or the Content is at your own risk.
H. DISCLAIMER OF WARRANTIES
PATENTPRUFER PROVIDES THE SERVICES AND THE CONTENT ON AN “AS IS, AS AVAILABLE” BASIS. PATENTPRUFER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, AND WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND/OR COMPLETENESS. PATENTPRUFER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE SERVICES AND THE CONTENT, (B) THE UNAVAILABILITY OF THE SERVICES AND/OR THE CONTENT, OR (C) YOUR USE OF THE SERVICES.
I. LIMITATION OF LIABILITY
IN NO EVENT WILL PATENTPRUFER OR ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY DAMAGES OF ANY KIND (INCLUDING, FOR EXAMPLE, ATTORNEYS’ FEES) ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICES, WHETHER OR NOT PATENTPRUFER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS PATENTPRUFER AND ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, AND LICENSORS FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES, AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS, YOUR USE OF THE SERVICES, OR ANY OTHER MATTER ARISING FROM OR RELATING TO THE SUBJECT MATTER OF THESE TERMS.
K. Termination of Access
Patentprufer may, in its sole discretion, terminate your access to the Services if your conduct is found to be in violation of these Terms and Patentprufer shall not be liable to you or any third party for termination of access. Patentprufer may also take any action we deem appropriate in a situation where a violation of these Terms is determined to exist, including, for example, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user accounts, e-mail addresses, usage history, posted materials, IP addresses, and traffic information. Patentprufer may terminate your access at any time with or without cause.
L. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the Commonwealth of Virginia without regard to choice of law principles. In any dispute arising from or relating to these Terms, a party may bring suit only in the state and federal courts for Fairfax County, Virginia.
M. Severability of Provisions
Should any portion of these Terms be found or declared to be unenforceable or void for any reason, such a portion will be severed from the Terms, with the remaining Terms fully enforceable.
Patentprufer may update these Terms at any time. Any update is effective immediately. You are responsible for regularly reviewing the Terms. Continued use of the Services after any such updates constitutes your consent to such updates.