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Terms and Conditions1. General
The PATENTSEARCHERS.NET and PATENT.INFO websites are departments of Da Vinci Partners LLC, together referred to herein as "PATENT.INFO". Da Vinci Partners's sole purpose in operating PATENT.INFO™ is to provide intellectual property software products and services to its users. This Terms and Conditions of Service Agreement (TCUA) sets forth the terms and conditions governing the access and use of our site by you, its User. Your use of our site confirms your agreement to the terms and conditions outlined in this TCUA.
2. Your Rights to Use this Web site
Much of the content in the PATENT.INFO web site is provided by third parties. PATENT.INFO is not responsible for the content of any of this third party data, nor is PATENT.INFO responsible for the completeness or accuracy of any such data. In certain instances, users of the PATENT.INFO web site may add their own content to the site, as, for example, with annotations to shared work files, which may be accessed by other users. Such content is solely the responsibility of the party providing the content. PATENT.INFO is not responsible in any way for such data, and PATENT.INFO does not review such content in any way, including, without limitation, screening such content for the presence of computer viruses.
4. Links to Third Party Content are not our responsibility:
When using the Web Site, you may sometimes be linked to other web sites. The vast majority of these web sites are not operated by PATENT.INFO. The terms and conditions set forth in this agreement do not apply to these other web sites. In fact, you may be required to agree to additional terms and conditions in order to access information or services from these sites.
In order to access certain portions of our web site and purchase the products and services available on our site, you must register with PATENT.INFO by completing the registration form that applies to you. If you do not register, you may not be able to access our entire site. By registering, whether as a client, searcher, researcher, academic or attorney, you agree to comply with the terms and conditions of your registration form as well as this TCUA.
7. E-payments and Credit Card Charge
PATENT.INFO may charge fees for the use of certain products and services on our web site. The price, as well as any special terms and conditions, is set forth on the web site for each of these products and services. Unless you or your employer have made separate billing arrangements, PATENT.INFO will charge your credit card for any products or services you purchase. If you did not provide PATENT.INFO with a credit card number during registration, then you will be asked to do so at the moment of purchase. If you choose to use Pay Pal, or other e-payment systems, your credit card information is provided directly to these third party services. Although PATENT.INFO verifies these third party services, what takes place after you leave our web site is beyond our control and therefore is not our responsibility. We cannot assume any liability for events and actions taking place off of our web site. If you provide a credit card number to PATENT.INFO upon registration, you consent to the charging of this card for any purchases you make. Where your credit card number is associated with your user ID, you assume responsibility for any purchases made using your User ID. Therefore, you must closely safeguard your User ID, much like a credit card number, and you must immediately notify PATENT.INFO if your user ID becomes compromised in any way. Any subscription fees paid by credit card will be automatically charged at the end of the term, until you cancel your subscription. It is entirely your responsibility to cancel your subscriptions.
8. Third Party Products and Services
Third parties provide many of the products and search and other services that are available via our web site. PATENT.INFO is not responsible for the content of any of these products or services. Further, PATENT.INFO is not responsible for the completeness or accuracy of the content of the products or services.
9. Payments and Late Charges
You agree to pay the current fees for all products and services purchased using your User ID. The current fees are clearly marked on the specific web pages related to each specific product or service. Each month, any charges made under your User ID will appear on your credit card statement. You agree to make payment based upon the transaction summary. If any authority imposes a duty, tax, levy or fee on your use of the Services, you agree to pay that amount. You agree to pay a late fee of 1.0 percent per month, or, if 1.0 is beyond a permissible legal limit for late fees, you agree to pay the highest amount allowed by law if your payment is not received by the due date set in the invoice. If PATENT.INFO must resort to others to collect any payment due, you agree to reimburse PATENT.INFO for all collection fees (including attorney's fees) incurred in their efforts to collect any unpaid balance on your account. We try our best to equitably resolve any fee dispute. If you receive a bill from PATENT.INFO that you believe is not correct, please contact PATENT.INFO Customer Support at firstname.lastname@example.org.
10. Release of Liability for non-seal carrying searchers
Unless the Patent Searchers you select carry the PATENTSTEIN seal of approval, we cannot guarantee their services. You agree that the maximum amount for which we will be liable for searchers carrying the PATENTSTEIN Seal of Approval is 5000 Swiss Francs. Consequently, in the event you have a dispute with one of these non-approved searchers, you release PATENT.INFO (and our officers, directors, employees, agents and subsidiaries) from any and all claims, demands and damages of any kind, known or unknown arising out of or connected in any way with such disputes.
You agree to defend, indemnify and hold harmless PATENT.INFO and any of its directors, officers, agents and employees from and against any and all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of or related to (i) any breach by you of any term or condition of this TCUA or (ii) your engagement in any transactions on or use of our web site with a non-Patentstein seal approved searcher. If any such action shall be brought against any indemnified party, the indemnified party shall notify you in writing. You agree to assume and control the defense and settlement of each such action, including the selection and engagement of counsel and payment of all related expenses. Any indemnified party shall have the right to employ separate counsel in any such action and participate in the defense, at their own cost unless otherwise agreed to by you.
Any claim arising out of or relating to this TCUA or any PATENT.INFO services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Chamber of Commerce of Geneva, Switzerland. Any such controversy or claim shall be arbitrated on an individual basis and will not be consolidated with other claims. The arbitration shall be conducted in Geneva, Switzerland and judgment on the arbitration award may be entered into any court of competent jurisdiction. In the event of urgency, you or PATENT.INFO may seek preliminary relief from a court of competent jurisdiction in Geneva, Switzerland should such intervention be necessary to protect your intellectual property rights, such action being taken pending the arbitral decision.
You may terminate your registration on our web site at any time by providing written or email notice to PATENT.INFO at the customer service address set forth on our web site. PATENT.INFO further reserves the right to terminate your registration. All applicable provisions of the TCUA will survive termination of this TCUA. Upon termination, you will pay all outstanding fees owed to PATENT.INFO within thirty (30) days and honor all outstanding transactions negotiated via our web site.
14. DISCLAIMER OF WARRANTIES
ACCESS TO THE PATENT.INFO WEB SITE AND ITS CONTENT, PRODUCTS AND SERVICES ARE PROVIDED "AS IS." PATENT.INFO DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, CONCERNING THE MERCHANTABILITY, QUALITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF OUR WEB SITE OR ITS CONTENT, PRODUCTS OR SERVICES. NO WARRANTY IS GIVEN THAT THE SERVICES WILL BE ERROR-FREE, FREE OF VIRUSES OR UNINTERRUPTED. PATENT.INFO IS NOT RESPONSIBLE FOR DAMAGES, OF WHATEVER SORT, CAUSED BY COMMUNICATION ERRORS, OR IN THE CORRUPTION OF, OR THE SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATIONS CARRIERS' OR OTHER PROVIDERS' FACILITIES. PATENT.INFO HAS NO LIABILITY FOR FAULTY OR INTERRUPTED COMMUNICATION LINKS, NOR FOR THE CONTENTS OF ANY SUCH COMMUNICATIONS. YOU ACKNOWLEDGE THAT SUBSTANTIAL AMOUNTS OF THE CONTENT OF THE WEB SITE ARE PROVIDED BY THIRD PARTIES, WHICH PATENT.INFO HAS NO CONTROL OVER AND THEREFORE CANNOT BEAR RESPONSIBILITY OR LIABILITY FOR ANY SUCH CONTENT. UNDER NO CIRCUMSTANCES WILL PATENT.INFO BE RESPONSIBLE FOR THE USE BY YOU OF, OR RESULTS ACHIEVED BY YOU FROM THE SERVICES OR ANY DATA ACCESSED THROUGH OR TRANSMITTED VIA THE WEB SITE.
15. LIMITATION OF LIABILITY
PATENT.INFO SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCURRED ARISING OUT OF THE INABILITY TO USE THE SERVICE, EVEN IF PATENT.INFO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. EXCEPT FOR THE INDEMNIFICATION PROVISIONS IN PARAGRAPH 11, YOU SHALL NOT BE LIABLE TO PATENT.INFO FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED OR ACTUAL PROFITS OR BUSINESS. IN NO EVENT SHALL PATENT.INFO BE LIABLE FOR DAMAGES, FOR ANY CAUSE OR BASED ON ANY MATTERS ARISING FROM THIS AGREEMENT, IN EXCESS OF THE TOTAL AMOUNT PAID IN DURING THE PRECEDING TWELVE MONTHS OF SERVICE BY YOU TO PATENT.INFO UNDER THIS AGREEMENT.
16. General Compliance with Laws
You agree to comply fully with all applicable laws, ordinances, statutes, rules and regulations, and agree not to use our web site for any unlawful or anticompetitive purpose.
17. Waivers and Remedies
To be effective, any waiver by PATENT.INFO of the provisions of this TCUA or of PATENT.INFO's rights or remedies under this TCUA must be in writing. Any waiver in a particular instance will not be construed as a waiver of the same or different rights or breaches in any other instance. Failure by PATENT.INFO to enforce the provisions of this TCUA or PATENT.INFO's rights or remedies at any time will not be construed as a waiver of PATENT.INFO's rights under this TCUA and thus will not prejudice PATENT.INFO's right to take subsequent action.
In addition to posting a notice on its web site, PATENT.INFO may notify you by email, by facsimile or by mail to the address(es) or facsimile number provided to PATENT.INFO during the registration process. In such case, notice shall be deemed given 2 days after being sent by email or facsimile or 3 days after the date of mailing.
19. Applicable Law and Jurisdiction
This TCUA shall be governed and interpreted pursuant to the laws of the Canton of Geneva, Switzerland, without respect to its conflicts of law provisions. You agree that if you take legal action relating to these terms, the courts located in the Canton of Geneva, Switzerland, shall have the personal and exclusive jurisdiction of such action. If any part of this TCUA is deemed unlawful, void or unenforceable, that part will be severed from this agreement and will otherwise not affect the validity and enforceability of remaining provisions.
20. Amendments and Changes
PATENT.INFO reserves the right, in our sole discretion, to change, add to, or discontinue any aspect of our web site. PATENT.INFO also reserves the right, in our sole discretion, to modify this TCUA in any manner and to adopt additional terms or conditions governing your access and use of our web site, and the terms and conditions related to the access and use of our web site, at any time, without prior notice. The terms of any such amendment to this TCUA shall become effective immediately upon posting of such terms on our web site. Your continued use of our web site after such effective date shall constitute acceptance of such amended terms.
21. Third Party Beneficiaries
All users on our web site are intended third party beneficiaries of this TCUA; all rights and benefits conferred by this TCUA shall extend to such users and such users are independently entitled for enforce its provisions. This includes the confidentiality provisions of this web site. You hereby acknowledge that each other user is relying upon the representations made in this TCUA.
22. Independent Contractors
The relationship of PATENT.INFO with its searchers and other service providers is that of independent contractors, and no agency, partnership, joint venture, employment or other similar relationship is intended or created by your acceptance of the terms of this TCUA or the use of our web site.
23. Sanity Search
Due to the nature of a sanity search, only a limited amount of time has been invested in this search. The effort was directed at finding a piece of prior art that was simple to find that might discourage you from continuing or point you in another direction in terms of your product development. Therefore, a result that does not identify a relevant piece of prior art should not be construed as a thorough search upon which you can rely to justify further investment of time and money, other than perhaps the ordering of a more thorough search or searches. The nature of this search does not allow for responding to further inquiries. The results are the results and are provided to help you avoid wasteful investment of time and money. Consequently, any further questions will be answered only upon payment of an advance payment for a further $250 to answer such questions, and even so, the time taken to answer further questions will be limited to the budget of the additional payment made. Also, it should be understood that no refunds are made for our searches, unless you can clearly show we have not made a good effort in performing the search.
24. Entire Agreement
This TCUA sets forth the entire understanding between PATENT.INFO and you with respect to the subject matter of this TCUA and supersedes any previous and contemporaneous communications, representations, understandings and agreements, whether oral or written, between PATENT.INFO and you with respect to said subject matter.
25. PATENT.INFO Customer Support
Direct support questions and problem reports regarding use of our web site to PATENT.INFO in writing to:
c/o Da Vinci Partners LLC,
Switzerland, Attn: Customer Support,
or by email to email@example.com. During any support inquiry, you agree that PATENT.INFO may keep records of the conversations that our employees or agents have with you in order to monitor the quality of PATENT.INFO's service and to ensure that the information needed is received. Note that PATENT.INFO's customer service employees are not authorized to waive any provisions of this TCUA.