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You are representing yourself in any legal matter you undertake using PatentDive’s Website and Services. PatentDive may provide you with information about attorney or patent practitioner services and introduce you to attorneys or patent practitioners through third party attorney directory listings (the “Attorney or Patent Practitioner Information Service”). Such Attorney or Patent Practitioner Information Service does not create an attorney-client or fiduciary relationship between you and PatentDive. Use of the term “experience” or “experienced” as it relates to attorneys participating in the Attorney or Patent Practitioner Access Service on the Website or any other communication from PatentDive means that the handling attorney of each law firm meets the following criteria: (a) is a licensed patent attorney; (b) is in good standing with the bar in each jurisdiction in which the attorney is licensed to practice, (c) maintains errors and omissions insurance policies consistent with industry standards, (d) has no pending malpractice suit as of the date of joining the Attorney Information Service , and (e) has no public record of discipline by a state bar within the last five (5) years. Use of the term “experience” or “experienced” as it relates to patent practitioners participating in the Attorney or Patent Practitioner Information Service on the Website or any other communication from PatentDive means that the patent practitioner meets the following criteria: (a) is a licensed patent practitioner with the USPTO; and (b) maintains errors and omissions insurance policies consistent with industry standards.
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If you choose to add Services or a product to your order subsequent to the initial purchase, the Terms will apply to the additional Service or product purchase as well.
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By accepting these Terms, you agree that all content presented to you on this Website is protected by any and all intellectual property and/or other proprietary rights available within the United States, and is the sole property of PatentDive or its owner.
Certain of the ideas, software and processes incorporated into the Services available on this Website are protected by patent applications pending in the United States, and we intend to prepare and file additional patent applications in selected foreign jurisdictions.
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You may use the Website and the Services offered on the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website or the Services offered by the Website:
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PatentDive may allow you to use the Website to post comments, questions, answers, ratings, or other content or contributions (the “User Contributions”).
When accessing the Website or using the Services, you agree to abide by these content standards. These Content standards also apply to any and all User Contributions. Your access of the Website and use of the Services must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that:
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When posting a work as User Contributions, you are authorizing all of those who have access to the User Contributions to make customary and personal use of the work, including but not limited to reposting or the creation of links to the work. You specifically grant PatentDive (including our employees and affiliates) the non-exclusive, royalty-free, paid up, perpetual, worldwide and transferable right to use, edit, copy, modify, delete, distribute, sell, create derivative works there from or use such works in User Contributions in any and all media or form for any purpose whatsoever. Attorneys that submit User Contributions and provide advice do so at their own risk.
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS PATENTDIVE AND ITS AFFILIATE, LICENSEES, LICENSORS, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PATENTDIVE/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER PATENTDIVE/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot and do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Your access and use of the Website is subject to laws governing copyright, trademark and other intellectual property. You agree to abide by the copyright ownership and intellectual property laws and you shall be solely responsible for violations of any such laws and for the infringement of any third party rights caused by any User Contributions you provide or transmit using the Website. You agree not provide, transmit or display any User Contributions on the Website that infringes upon the intellectual property rights or proprietary rights of any third party. If you believe that any User Contributions violate your copyright, please see our Copyright Policy set forth below for instructions on sending us a notice of copyright infringement.
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Notice may be sent to:
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Counter-Notification.If material that you have posted to our Website has been taken down, you may file a counter-notification that contains the following details:
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Attn: DMCA Agent
You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from our Website without liability to you or any other party.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by PatentDive, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of PatentDive. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out-of-date at any given time, and we are under no obligation to update such material.
Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms, conditions, and posted guidelines rules (the “Additional Terms”) are hereby incorporated by this reference into these Terms.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part, without our express written consent.
This Website may provide certain social media features that enable you to:
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The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards in these Terms.
You agree to cooperate with us in immediately causing any unauthorized framing or linking to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features any links at any time without notice at our discretion.
If the Website contains links to other sites and resources provided by third parties, including but not limited to links to attorneys or patent agents, these links are provided for your convenience only. This includes links contained in advertisements, including your banner advertisements, and sponsored links. We have no control over the contents of those sites or resources or the services or products provided by those sites, and accept no responsibility for them or for any loss or damages that may arise from your use of them. PatentDive makes no guarantees about the content or quality of the products or services provided by such sites. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the state of Louisiana in the United States. We provide this Website for use by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS'' AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PATENTDIVE NOR ANY PERSON ASSOCIATED WITH PATENTDIVE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE AND THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER PATENTDIVE NOR ANYONE ASSOCIATE WITH PATENTDIVE REPRESENTS OR WARRANTS THAT THE WEBSITE AND THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-REE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, PATENTDIVE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND SERVICES AT THIS WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AVAILABLE AT THIS WEBSITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.
Through your use of the Website, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any products or Services provided by any third party, including, but not limited to the purchase terms, payment terms, warranties, guarantees relating to such transactions, are agreed to solely between the seller of such merchandise and you.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH THIS WEBSITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY SERVICES OR CONTENT AVAILABLE ON OR THROUGH THIS WEBSITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE WEBSITE, INCLUDING ANY SERVICES OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE, THE ADDITION OF FREE OR FEE-BASED SERVICES, OR CHANGES TO LIMITATIONS ON ALLOWABLE CONTENT, FILE SIZES OR FILE TYPES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT SERVICES ON THIS WEBSITE SHALL ALSO BE SUBJECT TO THESE TERMS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL PATENTDIVE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO: PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF PATENTDIVE, IT WILL BE LIMITED TO THE AMOUNTS PAID TO US FOR THE SERVICES AND/OR PRODUCTS PURCHASED ON THE WEBSITE DURING THE SIX (6) MONTHS PERIOD BEFORE THE ACT GIVING RISE TO THE LIABILITY, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR SERVICES OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless PatentDive, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, representatives, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses costs, expenses, or fees (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, User Contributions, any of the Website’s content, Services, and products other than as expressly authorized in these Terms or your use of any information obtained from this Website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
This Agreement shall be governed by, and interpreted under, the laws of the State of Louisiana, United States of America. The parties acknowledge that a substantial portion of the negotiations, performance and signing of this Agreement occurred or will occur in Louisiana, and therefore, each of the parties irrevocably and unconditionally: (a) agrees that any suit, action or legal proceeding arising out of or relating to this Agreement shall be brought in the circuit or county courts of the State of Louisiana, which state Courts shall have exclusive subject matter and personal jurisdiction over the parties, with exclusive venue in Jefferson Parish, Louisiana; (b) consents to the jurisdiction of each court in any suit, action or proceeding; (c) waives any objection that it may have to personal jurisdiction or the laying of venue of any suit, action or proceeding in any of these courts; and (d) agrees that service of any court paper may be effected on that party by mail at the last known address, as provided in this Agreement, or in any other manner as may be provided under Louisiana law.
In the event of a breach or anticipatory breach of this agreement by Licensee, Licensor may apply for and receive a temporary restraining order, without prior notice or bond, restraining such breach or anticipatory breach, as a part of any legal action against Licensee for injunctive or protective relief. This provision shall not apply to non- payment of contract amounts owed or to be paid by Licensee to Licensor under this agreement.
Arbitration . All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Louisiana or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by a professional arbitrator (with commensurate training and certifications) and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Grounds for Termination. You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Website with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Website, and reporting you to the proper authorities, if necessary.
No Right to Services Upon Termination. Upon termination and regardless of the reason(s) motivating such termination, your right to use the Services available on this Website will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Your liability for any unpaid fees, shall survive any termination.
No waiver by PatentDive of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term of condition or a waiver of any other term or condition, and any failure by PatentDive to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at firstname.lastname@example.org, if by email, or to our address at PatentDive, Inc. 9029 Jefferson Highway Suite D #125, River Ridge, LA, if by conventional mail. You agree to allow us to submit notices to you either through the email address provided, or to the address we have on record. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by U.S. mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and Services available through our Website arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
This Website is operated by PatentDive, Inc. 9029 Jefferson Highway Suite D #125, River Ridge, LA
All other feedback, comments, requests for technical support, and other communications relating to the Website and Services should be directed to email@example.com
BY USING PATENTDIVE SERVICES OR ACCESSING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS