TERMS OF USE AGREEMENT

Revised January 1, 2010

 

PLEASE READ THE FOLLOWING WEB SITE AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE

This Web Site Agreement (this "Agreement") is between you and The Intellectual Project, LLC. ("The Intellectual Project"). Use of this web site (including any extensions thereof) (this "Web Site") signifies your agreement to the terms, conditions and notices contained or referenced in this Agreement. This Agreement includes the terms and conditions set forth herein, The Intellectual Project’s Privacy Policy, The Intellectual Project’s Disclaimer, and any other terms, notices, or policies incorporated by reference herein.

IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE THIS WEB SITE.

Terms of Use

YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. In addition, you are subject to any posted guidelines or rules applicable to your use of the PTO Direct Web Site or any particular The Intellectual Project service which may be posted from time to time. All such guidelines, rules, or product documentation (including but not limited to The Intellectual Project’s Privacy Policy, The Intellectual Project’s Disclaimer, and any product exhibits as may be applicable) are hereby incorporated by reference into this Agreement. The terms of this Agreement may be amended from time to time without notice to you and at the sole and complete discretion of The Intellectual Project. You agree to review these Terms from time to time and that your continued use of the web site constitutes your acceptance of any such revised Terms.

Use of particular services or materials referenced on this web site may be subject to additional terms and conditions that will be made available to you in connection with such services or materials. The Intellectual Project may modify or discontinue the web site (or any part thereof) and may add materials to or remove materials from the web site with or without notice to you. The Intellectual Project will not be liable to you or to any third party for any modification or discontinuance of the web site or removal of content from the Web Site. You may not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the web site, use of the web site, or access to the web site without express written permission from The Intellectual Project.

Copyright Notice
Copyright© 2010 The Intellectual Project, LLC. All rights reserved.

Conditions of Use

You agree to abide by the following restrictions, including your agreement not to use this Web Site for any unlawful purpose. You agree that the information contained in, and any search results obtained from, this Web Site is for your personal or business use, but may not be resold. All copies of documents made in any form from documents contained on this Web site must include the above copyright notice. You may not copy or print more than one copy of material posted on this Web site without prior written permission.

You will not use this Web site in any way that is unlawful, harms or competes with the PTO Direct Web Site, The Intellectual Project, its affiliates, sub-licensees, resellers, distributors, service providers, advertisers and/or suppliers or any customer thereof, as determined in The Intellectual Project's sole and absolute discretion. The Intellectual Project may inform you of certain specific harmful uses in a Code of Conduct or other notices available through this Web Site or another The Intellectual Project web site, but has no obligation to do so. You may not use this Web Site in any way that breaches any Code of Conduct, policy or other terms applicable to this Web Site. Without limiting the generality of the foregoing, you may not use this Web Site in any manner that could damage, disable, overburden, or impair this Web Site (or the network(s) connected to this Web Site) or interfere with any other party's use and enjoyment of this Web Site. The Intellectual Project reserves the right to restrict use of this Web Site by any party.

You may use the search results obtained from this Web Site to sell a product or service provided appropriate reference is made to the PTO Direct Web Site through links to the patents, trademarks and copyrights referenced and provided such product or service does not compete with PTO Direct or The Intellectual Project. PTO Direct was started to make everyday searching and referencing of formal intellectual property references easier for attorneys, patent agents, intellectual property professionals, companies, inventors and the general public. Use of hyperlinks directly to particular records and search results on the PTO Direct domain is expressly permitted. However, you may not take the search results obtained from this Web Site and reformat and display them, or mirror the PTO Direct home page or results pages on your Web Site. You may not "meta-search" this Web Site. If you want to make other commercial use of the search results obtained from this Web Site that is not expressly permitted through this paragraph, you must obtain The Intellectual Project's prior express written consent to do so.

You may not use "bots" or similar methods or tools to "data mine" or otherwise gather or extract data from this Web Site. Great cost and effort has been expended to gather the data included on this site. Without the prior express written consent of The Intellectual Project, you may not: (a) display this Web Site in frames or utilize any other techniques to display only portions of this Web Site (or any content on this Web Site); (b) use any meta tags or any other "hidden text" utilizing The Intellectual Project's name or trademarks; or (c) use The Intellectual Project's domain name as a pseudonymous return e-mail address for any communications that you transmit from another location or through another service. You may not pretend to be someone else (i.e., "spoof" their identity) when using this Web Site.

Trademark, Copyright and Other Rights – Use of Content

The Web Site and its contents are protected by copyright, trademark and other applicable laws and international treaties. The Web Site’s Content is protected under United States and International Copyright laws and all rights are reserved. The information included on this Web Site may be used for personal use only and may not be copied, linked or used for any commercial or other purpose without the express written permission of The Intellectual Project. Nothing on the PTO Direct Web Site or any other web site of The Intellectual Project should be construed as granting, by implication, estoppel, or otherwise, any consent, waiver, license or right to use any patent right, trademark right, copyright or other intellectual property or other legal right of The Intellectual Project or any third party.

Your use of this site indicates your acknowledgement that the Site contains information, photos, text, graphics, images, or other material without limitation (collectively, "Content") that are protected by copyrights, trademarks, trade dress or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or here after developed. All Content is copyrighted as a collective work under the U.S. and International copyright laws, and The Intellectual Project owns a copyright in the selection, coordination, arrangement and enhancement of such Content. Portions of the Content are individually copyrighted under U.S. and International copyright laws. The service marks and trademarks identified and used on this site, including but not limited to The Intellectual Project name and logo, all The Intellectual Project related product names, design marks and slogans are exclusively owned by The Intellectual Project as The Intellectual Project’s trademarks service marks or registered trademarks of The Intellectual Project and are not licensed for any other use. All other product and service marks appearing on the Web Site are trademarks of their respective owners and may not be used without the prior express written consent of The Intellectual Project or their owners, as the case may be. Portions of the methods, services and products provided by The Intellectual Project may be patent pending or patented. Use of the intellectual property of others without their express written permission is strictly prohibited.

Linking

The Intellectual Project allows linking to its information, pages and Web Site. Permission given to link to The Intellectual Project or to any of its information or pages and links from The Intellectual Project should not be interpreted as The Intellectual Project's endorsement or sponsorship of that site, or as a recommendation of that site or the company or parties associated with it.

Many sites linked to through The Intellectual Project or that link to The Intellectual Project are developed and controlled by people and companies over whom The Intellectual Project exercises no control. The Intellectual Project is not responsible for any third-party content that may be accessed through its Web Site. Other third-parties may send cookies to users, collect data, or solicit personal information. As the consumer, you should contact these third-parties if you have any questions about their use of the information they potentially collect.

Governing Law, Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, without reference to its principles of conflicts of laws. YOU AND THE INTELLECTUAL PROJECT CONSENT TO THE EXCLUSIVE JURISDICTION OF AND VENUE IN THE COURTS LOCATED IN PHOENIX, ARIZONA, FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THIS WEB SITE.

Security

You agree that you will comply with any security processes and procedures (such as passwords) specified by The Intellectual Project with respect to access to or use of the Web Site. Further, you agree not to access or attempt to access any areas of or through this Web Site which are not intended for general public access, unless you have been provided with prior express written authorization to do so by The Intellectual Project. You agree that you will not disrupt the functioning of this Web Site or otherwise act in a way that interferes with other users’ use of the Web Site.

Your Access / Failure to Comply Indemnification

The Intellectual Project reserves the right, in its sole and absolute discretion, to terminate, suspend or restrict your access to this Web Site, unilaterally and without notice, in the event you violate any of the terms of this Agreement or for any other reason. In addition, if asked to do so, you agree that you will not attempt to access this Web Site. The Intellectual Project also reserves any and all remedies at law or equity in connection with any violation of the terms of this Agreement by you. You agree, at your own expense, to indemnify, defend and hold The Intellectual Project (and its subsidiaries, officers, directors, agents, employees and third parties providing content on this Web Site) harmless from and against any claim or demand, and all losses incurred, arising from or related to: (a) any violations of this Agreement or any breach of your representations, warranties or covenants hereunder; (b) any virus, Trojan horse, worm or other code that delays or disrupts the use of any software or computer that is directly or indirectly linked to any Content provided by or through you; (c) any person's use of any Content provided by you to The Intellectual Project; and (d) your use of (or conduct on) any Third Party Site (including, without limitation, (i) any information, software or other material viewed or accessed by you on or through any Third Party Site (including without limitation, any advertisement for products or services on any Third Party Site), (ii) any transactions initiated or conducted by you on or through any Third Party Site (including, without limitation, any taxes associated therewith and any use by third parties of your credit card information), (iii) any products or services that you bid on, purchase or otherwise obtain on or through any Third Party Site (including, without limitation, the quality, safety and legality of such products or services or the sale thereof), or (iv) the conduct of sellers of any products or services that you bid on, purchase or otherwise obtain on or through any Third Party Site).

Consent to Monitoring and Disclosure

The Intellectual Project is under no obligation to monitor the information residing on or transmitted to this Web Site or The Intellectual Project's server. However, anyone using this Web Site agrees that The Intellectual Project may monitor this site periodically and release such information to: (a) comply with any necessary laws, regulations or other governmental requests; (b) operate the server properly or to protect itself and its users; and (c) achieve other business purposes determined by The Intellectual Project in its sole and absolute discretion. The Intellectual Project reserves the right to modify, edit, reject or eliminate any information contained on this Web Site that it, in its sole and absolute discretion, believes is unacceptable or in violation of this Agreement without prior notice.

Miscellaneous

The Intellectual Project may modify or terminate the PTO Direct Web Site from time to time, for any reason, with or without notice, without liability to you, any other user or any third party. Except as otherwise required by law, any cause of action or claim you may have with respect to this Web Site must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action will be barred. If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion shall be construed as narrowly as possible in order to give effect to as much of this Agreement as possible. No waiver of any breach of any agreement or provision of this Agreement or any failure to assert any right or privilege contained in this Agreement shall be deemed a waiver of any preceding or succeeding breach of any agreement or provision. You agree not to assign or otherwise transfer this Agreement in whole or in part; any attempt to do so shall be void. This Agreement (including all policies, notices and other terms incorporated into this Agreement by reference) constitutes the entire agreement between you and The Intellectual Project with respect to this Web Site and supersedes any and all prior or contemporaneous agreements whether written or oral.