Terms of Service
ACCEPTANCE OF THE TERMS
PatentDive is NOT a law firm or a substitute for the advice of an attorney; This Website and the Services (including any downloadable application) Does Not Constitute Legal Advice.
This Website and the Services are offered and available to users who are 18 years of age or older only. By using this Website and Services, you represent and warrant that you are of legal age to form a binding contract with PatentDive and that you are 18 years of age or older. If you do not meet to meet this requirement, you must not access or use the Website or the Services.
CHANGES TO THE TERMS
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website and Services thereafter. However, any changes to the dispute resolution provisions set forth in the section entitled “Governing Law and Jurisdiction” will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.
Your continued use of the Website and the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
ACCESSING THE WEBSITE AND SERVICES AND ACCOUNT SECURITY
We reserve the right to withdraw or amend this Website, and discontinue the Services or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or Services offered on the Website are unavailable at any time or for any period. From time to time we may restrict access to some parts of the Website, or the entire website to some or all users. You acknowledge that PatentDive reserves the right to refuse service to anyone.
You are responsible for:
- making arrangements necessary for you to have access to the Website; and for ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier whether chosen by you or provided by us, at any time in our sole discretion including, if, in our opinion, you have violated any provision of these Terms.
If prior to your purchase, you believe that PatentDive gave you any legal advice or recommendation about your legal rights, remedies, or legal strategies, you will not proceed with this purchase and any purchase that you do make will be null and void.
PatentDive is a Louisiana Corporation that makes available internet technology and software to assist users in preparing patent applications. PantentDive’s services include a review of your responses and patent application for completeness, spelling and consistency. PatentDive does not review your responses or patent application for legal sufficiency. PatentDive does not draw legal conclusions, nor does PatentDive provide you with legal advice or recommendations about your legal rights. Accordingly, if you need legal advice, you should consult a licensed attorney in your area.
The information contained on this Website is provided for informational and convenience purposes only, and should not be construed as legal advice on any subject matter.
The operation of this site does not create any attorney-client relationship between you and PatentDive, its employees, agents, assigns, or licensors. Except as may be required in connection with your use of Services, PatentDive does not want you to submit confidential information through the Website. Except as may be required in connection with your use of Services, any information sent to us via email, through this Website, or otherwise is not secure and will not be treated as confidential.
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.
This Website may contain information about or links to websites of attorneys, patent practitioners, or other services. We are not responsible for information posted or communications made by those websites or their operators. We disclaim any and all liability for actions you take or fail to take based on the content of or communications from or through other websites.
You are solely responsible for providing, at your own expense, all equipment necessary to use the Services, including a computer and modem; and your own Internet access (including payment of telephone service fees associated with such access).
Although Company works hard to provide quality Services, you understand and acknowledge that we cannot promise or guarantee specific results from using the Services available on this Website.
You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with Services. You agree that the Services available on this Website are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
Fees. If you choose to purchase one or more of the Services provided on our Website, you agree to pay all fees associated with the Services.
This Website does not process credit cards, or take other payment processing information. Payment processing is handled through third-party services, such as Stripe.com. In the event you sign up for a Service that is ongoing and incurs recurring charges (such as a subscription), such charges will be billed in advance of service.
Overdue Amounts. If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Services you have purchased, you agree that we may, at our option, suspend or terminate performance of Services or delivery of products and may require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
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.
PATENT SUBMITTED MATERIAL
As part of an order for Services, you may be asked to submit to PatentDive materials such as specimens, drawings or copies of your work in order to complete your order and submit documents to the USPTO. Furthermore, you understand that while we may retain digital copies of your submission, PatentDive does not retain physical copies of your submissions and will not return those materials to you.
INTELLECTUAL PROPERTY RIGHTS
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof), are owned by PatentDive, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
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.
Neither we or our affiliates warrant or represent that your use of materials displayed on, or obtained through, this Website will not infringe the rights of third parties. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the information on our Website, except as follows:
- Your computer may temporarily store copies such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own, personal, non-commercial use and not for further reproduction, publication, or distribution.
- You may download, view, copy and print any patent application that is created, generated, formatted, or updated via the use of the Website for which you have paid the appropriate fees, as agreed to between you and PatentDive.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video, or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or proprietary rights notices from copies of materials from this site.
If you wish to make use of materials other than that set forth in this section, please address your request to: email@example.com
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or Services offered by the Website in breach of the Terms, your right to use the Website and the Services offered by the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by PatentDive. Any use of the Website or Services offered by the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
All text, graphics, audio files, Java applets and scripts, downloadable software, and other works on this web site are the copyrighted works of PatentDive, Inc. All Rights Reserved. Any unauthorized redistribution or reproduction of any copyrighted materials on this web site is strictly prohibited.
The name “PatentDive, Inc.”, its respective logos, and all related names, logos, product and service names, designs, and slogans are trademarks of PatentDive or its affiliates or licensors. You must not use such marks without the prior written permission of PatentDive. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
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:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by transposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material which does not comply with the Content Standards set out in these Terms.
- To transmit, or procure the sending of, any advertising or promotional material, without prior written consent, including any “junk mail,” “chain letter,” or “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate PatentDive, a PatentDive employee, any other use or any other person or entity (including, without limitation, by using email address or user names or identities associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website for which, as determined by us, may harm PatentDive or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routing that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
USER CONTRIBUTIONS AND CONTENT STANDARDS
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:
- Contains any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringes any patent, trademark, trade secret, copyright, trade secrets or other intellectual property rights, rights of publicity or other rights of any person.
- Is likely to deceive any person.
- Promotes any illegal activity or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonates any person, or misrepresents your identity or affiliation with any person or organization.
- Involves commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Gives the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
- Contains any computer virus, worms, or other potentially damaging computer programs or files.
- Otherwise violates these Terms.
PatentDive neither endorses nor assumes any liability for any User Contributions uploaded or submitted on any part of the Website.
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.
MONITORING AND ENFORCEMENT
We have the right to:
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of this Website.
- Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.
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.
We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing PatentDive-or User Contributions through our Designated Agent, a decision may be made to remove access or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c). We may also make a good faith attempt to contact the person who submitted the affected material so that they may make a counter-notification.
If you believe that you or someone else's copyright has been infringed by PatentDive-or User Contributions provided on this Website, you (or the owner or rights holder, collectively, "Rights Holder") should send notification to our Designated Agent immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Website is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:
- Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
- Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holders' work(s) (for example, file name or URL of the page(s) that contain(s) the material);
- The Rights Holder's contact information so that we can contact them (including for example, the Rights Holder's address, telephone number, and email address);
- A statement that the Rights Holder has a good faith belief that the use of the material identified above in 2 is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
- The Rights Holder's electronic signature.
Notice may be sent to:
Registered Agent with US Copyright Office
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:
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
- Your name, address and telephone number;
- A statement that you consent to the jurisdiction of federal district court for the federal district court in the New Orleans, Louisiana and that you will accept service of process from the person who provided notification in compliance with section 512 (c)(1)(C) of the DMCA, or an agent of such person.
- Your physical or electronic signature.
Notice may be sent to:
PO Box 791844
New Orleans, LA 70119
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.
RELIANCE OF INFORMATION POSTED
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.
CHANGES TO THE WEBSITE
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.
OTHER TERMS AND CONDITIONS
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.
LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES
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:
- Link from your own or certain third-party websites to certain content on this Website.
- Send e-mails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed, or appear to be displayed by, for examples, framing, deep linking, or in-linking, or any other site.
- Link to any part of the Website other than the homepage.
- Otherwise take action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.
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 in our discretion.
LINKS FROM THE WEBSITE
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 to 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.
DISCLAIMER OF WARRANTIES
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 SERVICESWILL 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 PREMITTED 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.
LIMITATION ON LIABILITY
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 PUNIATIVE 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.
GOVERNING LAW AND JURISDICTION
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 New Orleans, 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 New Orleans, 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.
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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.
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