PATENTTERM ONLINE, LLC USER AGREEMENT
YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS USER AGREEMENT.
This web site, including all of its features, calculation capabilities, and content (the "Web Site") is a service made available by PatentTerm Online, LLC ("Provider") to assist Patent Professionals in performing certain patent term adjustment ("PTA") calculations under the American Inventors Protection Act of 1999. All content, calculations, information, and services ordered or provided on or through this Web Site ("Content") may be used solely under the following terms and conditions herein ("User Agreement"). When you access Content on this Web Site, apply for a User Account, logon to a User Account, create a new patent application in your User Account, or obtain or utilize an Enterprise Subscription, you agree to be bound by the terms and conditions of this User Agreement. When accessing a patent application created in a User Account during the beta testing of this Web Site, however, Content provided may be used solely under the terms and conditions of the prior beta user agreement ("Beta User Agreement").
1. Web Site Limited License. As a user (“User”) of this Web Site, you are granted a nonexclusive, nontransferable, revocable, limited license to access and use, in accordance with this User Agreement, portions of this Web Site and Content which do not require a User Account. Additionally, where the User has applied for and been granted written permission to use this Web Site and has been provided a User Account and logon credentials by Provider, User is further granted a nonexclusive, nontransferable, revocable, limited license to access and use, in accordance with this User Agreement, portions of this Web Site and Content requiring the User to logon. User agrees not to obtain or attempt to obtain unauthorized access to such parts of or features of this Web Site, or to any other protected materials or information, through any means not intentionally made available by Provider. Provider may terminate this license at any time for any reason without notice, except as provided herein. Use of this Web Site or access of Content by others is prohibited.
2. Limitations on Users. Provider reserves the right to prohibit use of this Web Site by any individual or entity. Accordingly, Provider may block access from particular Internet addresses to this Web Site, disable registration for some individuals or entities, or cancel User Accounts as described below. Where an individual or entity has be notified that they are prohibited from using this Web Site, such individual or entity shall not attempt to access the Web Site or Content, or attempt registration, without prior written permission from Provider.
3. Use Restricted to Patent Professionals. Use of the calculation features of this Web Site requires User to register and apply for a User Account. Making such User Account application, as well as accessing your User Account, constitutes your certification that you are a Patent Professional. A “Patent Professional” is a person who (1) is a licensed patent attorney or agent currently registered to practice before the US Patent and Trademark Office, or another professional person (e.g., experienced patent docket clerk, patent legal assistant, patent administrator, or patent liaison) working under the supervision of a licensed patent attorney or agent who will supervise and review their calculations; and (2) is knowledgeable about patent prosecution and has sufficient understanding of PTA to make necessary legal interpretations, make and edit PTA rule assignments, and review, assess, and interpret PTA calculations. Additionally, accessing your account and performing calculations constitutes certification that you have sufficient knowledge of this Web Site, including its calculation features, to operate it properly.
4. User Accounts. A User Account is a password protected account allowing a User to create and store patent applications and perform PTA calculations using this Web Site. Each User Account is for a single individual only. Provider reserves the right to refuse to provide a User Account to any person for any reason.
When applying for a User Account, updating registration information, or providing other information required to use this Web Site, you agree to provide Provider with accurate and complete information. It is your responsibility to inform Provider of any changes to that information.
Provider does not permit anyone other than the individual User to whom a User Account is granted to use it to access this Web Site. User is responsible for preventing such unauthorized use, and agrees not to provide their password to any third party. If you do so, you are responsible for any changes or charges to your account, and Provider will not be liable for any issues that may occur as a result of such use of your account. User is responsible for maintaining the confidentiality of their password and logging off any protected area of this Web Site. If you believe there has been unauthorized use of your User Account or that your logon information has been lost, stolen, or otherwise compromised, you agree to immediately provide written notice to Provider.
A User or Provider may cancel a User Account at any time, for any reason, by providing written notice. Where a User Account has been inactive for a period of at least one year, Provider may cancel the User Account without notice to User. If a User Account is cancelled, the User will receive a refund as specified below, and the Provider may delete or disable access to the account and all patent applications therein.
5. Warrantee of User. User warrants that (a) he or she is a Patent Professional, (b) will only use this Web Site in accordance with this User Agreement and usage instructions, as posted and updated from time to time throughout the Web Site, and (c) understands and assumes the risks described herein that the calculator may produce incorrect calculations.
6. Fees and Refunds.
(a) User Account Fee. There is no fee for a User to register and apply for a User Account. Where a User Account is approved and logon credentials are provided by Provider, there is no charge for the User to maintain that account.
(b) Per Application Fee. Users may create patent applications in their User Account at a fixed fee per application. An application is a single United States patent application, including continuing applications with the same serial number. The fixed fee, as specified at the time the application is created, allows the User to access that application for a period of one year from its creation date (“Per Application Access Period”). At the end of the Per Application Access Period, Provider may delete or disable the application in the User Account.
(c) Free Sample and Training Applications. Provider may provide User, or allow User to create, sample or training applications which User may access without charge. Provider may delete or restrict access to such sample applications at any time without notice.
(d) Applications created prior to June 18, 2007. For applications created by Users during the beta test period of this Web Site, Provider may allow continued access to such applications for some period at its discretion. Provider may, however, delete or restrict access to such applications at any time without notice. Access to such applications, and Content provided by this Web Site related thereto, is subject to the terms and conditions of the Beta User Agreement.
(e) Enterprise Subscription. Organizations such as law firms and corporations may purchase an Enterprise Subscription allowing, for a fixed period of time (“Enterprise Subscription Period”), access to the Web Site and Content for employees and contractors of the organization and its wholly owned subsidiaries. Each employee or contractor must apply for a separate User Account in which patent applications may be created and accessed, during the term of the subscription, at no separate charge. Organizations may not share or resell access to the Web Site, nor allow access by anyone other than individual employees or contractors with User Accounts. Provider reserves the right to verify the status of persons as employees or contractors, or to restrict the grant of User Accounts to persons with an e-mail address domain owned by the organization.
Organizations or Provider may cancel an Enterprise Subscription at any time, for any reason, by providing written notice. If an Enterprise Subscription is cancelled during the Enterprise Subscription Period, the organization shall receive a refund as specified below. In the event of cancellation, Provider may delete or disable access to all User Accounts and patent applications created under the subscription.
(f) Refunds. For an application created under Per Application Fee pricing, if within 30 days of creating the application, the User is dissatisfied with the PTA calculation that can be completed using this Web Site, or if the User determines that this Web Site cannot perform a complete PTA calculation given the specific characteristics or prosecution history of the application, the User may cancel that application and receive a refund of the fee paid. Such cancellation must be made by providing written notice to Provider within 30 days of the creation of the application. Provider may delete or disable access to the cancelled application.
Where a User Account is cancelled, for each application created under Per Application Fee pricing where time remains in the Per Application Access Period and where the application has not been deleted by the User, User shall receive a pro rata refund based on time remaining in the Per Application Access Period.
Where an Enterprise Subscription is canceled, the organization shall receive a pro rata refund based on the time remaining in the Enterprise Subscription Period.
Refunds will be made by check or other payment form as specified by the Provider. Where the User or organization owes sums to Provider, such amounts may be first deducted before the refund payment.
(g) Billing Errors. If any User or organization believes there has been an error related to any charge, or if you think any credit card statement, receipt, or invoice is incorrect, or if you need more information about a fee, please send written notification to Provider. Users agree to provide written notice of an inaccurate or disputed charge to Provider within 60 calendar days of the date of the transaction at issue.
7. Access to Accounts and Applications. In the event an application, User Account, or Enterprise Subscription is cancelled, or the Per Application Access Period or the Enterprise Subscription Period expires, applicable applications and User Accounts may be deleted or disabled, and User access to the files or other data contained in the User Account may be restricted although residual and archival copies of information may remain in the system.
8. Computer Requirements. User’s computer, any software including browsers, and related equipment, are referred to collectively as User’s "Computer". User is responsible for the installation, maintenance and operation of your Computer and any losses or delays caused by your Computer. This Web Site may be accessed using only supported Computers and configurations as specified in the Web Site help section, which may change from time to time. We are not responsible for any errors or failures caused by any malfunction of your Computer, non-standard configurations, third-party software, computer viruses, or related problems that may be associated with the use of this Web Site or your Computer. User is responsible for charges by any service provider providing your connection to the Internet. We are not responsible for losses or delays caused by your service providers.
9. Web Site Availability. Provider endeavors to ensure that this Web Site and its features are available most times, particularly during United States business hours. This is not always possible, however, and there may be times when this Web Site is unavailable due to technical issues or maintenance tasks. Accordingly, Users are advised to perform calculations well in advance of deadlines. In the event that access to the PTA calculation functionality of this Web Site is unavailable for at least one full business day, upon request of the User or organization, Provider will extend the Per Application Access Period or Enterprise Subscription Period for a time equal to the period of unavailability. The ability of this Web Site to import USPTO PAIR data is dependent on continuing accessibility and the current format of the USPTO PAIR system. If these change, such imports may become temporarily or permanently unavailable.
10. Not Legal Advice. Content and calculations provided by this Web Site, and information provided by Provider’s personnel in training or responding to questions from Users, whether in person or via telephone or e-mail, are not intended to be and do not constitute legal advice and no attorney-client relationship is formed. Where calculations require legal interpretations (e.g., PTA rule assignments to prosecution history events or interpretation of laws or regulations), the User is responsible for such interpretations and agrees to make such interpretations, and to review, update, and approve any suggested interpretations, or rule summaries, by this Web Site or Provider’s personnel. Since it is possible that this Web Site’s treatment of rules and suggested interpretations will not be adopted by the US Patent and Trademark Office, courts, or other authorities, the user agrees to exercise independent judgment in making, reviewing, assessing, and interpreting PTA term calculations.
11. Preliminary Nature of Imported Prosecution History Data and Draft Rule Assignments. User acknowledges that any prosecution history imported from the USPTO PAIR system is considered preliminary draft data which may be incomplete or contain errors. Prior to running PTA calculations, User agrees to review and update all data on the Prosecution History tab to ensure it has the correct dates and event titles, is complete, and does not contain extraneous events. User further acknowledges that PTA rule assignments generated by the Rules Engine are preliminary draft assignments which will not always be complete or correct. Prior to running PTA calculations, User agrees to review, delete, and add rule assignments, assignments of related events, analysis options, and warnings on the Apply Term Rules tab to ensure the rules are consistent with User’s interpretation of applicable PTA statutes, rules, and other pertinent authority.
12. Limitations of Functionality. This Web Site may not be able to perform complete PTA calculations for all applications, especially those with uncommon characteristics or prosecution history events, or where the User has an alternative interpretation of the proper PTA calculation algorithm which is not supported on this Web Site. In that case, User should not use this Web Site to perform the PTA calculation, and may seek a refund for any application created as described above.
13. Potential for Calculation Error. It is possible that the treatment of PTA rules by this Web Site, as reflected in its calculation algorithms, will not be adopted by the US Patent and Trademark Office, courts, or other authorities, or that calculation reports will not be found persuasive in any tribunal, legal proceeding, or otherwise. The User acknowledges and assumes this risk.
15. Unlawful Activity. Provider reserves the right to investigate complaints or reported violations of our User Agreement and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses, and traffic information.
16. Limitations on Use. Use of this Web Site or access of Content is available only for its intended purpose of assisting Patent Professionals in PTA calculations. User may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Web Site or the Content. Nor may User use any network monitoring or discovery software to determine the site architecture, algorithms employed in calculations, internal workings of the Web Site, or other site information. User may not use any robot, spider, other automatic software or device, or manual process to monitor or copy the Web Site or the Content without Provider’s prior written permission. User may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit, or public purposes all or any portion of this Web Site, except to the extent permitted herein. Any unauthorized use of this Web Site or its Content is prohibited.
17. Intellectual Property Rights. Except as expressly provided in this User Agreement, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel, or otherwise, under copyright or other intellectual property rights. User agrees that the Content and Web Site are property of the Provider and are protected by applicable copyrights, trademarks, service marks, or other proprietary rights and laws.
18. Linking to this Web Site. Users may provide links only to the homepage of this Web Site, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, including its User Agreement or other notices on this Site, (b) you discontinue providing links to this Web Site if requested by Provider, and (c) you agree to and abide by any additional terms and conditions specified by Provider.
19. Advertisers. In the event this Web Site includes advertising and sponsorship, advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Web Site is accurate and complies with applicable laws. Provider will not be responsible for the illegality of or any error or inaccuracy in advertisers or sponsors materials or for the acts or omissions of advertisers and sponsors.
20. Third Party Content. Third party content may appear on this Web Site or be accessible via links from this Web Site. Provider shall not be responsible for and assumes no liability for the statements, opinions, representations, or any other form of content contained in any third party content appearing on this Web Site. User understands that the information and opinions in the third party content is neither endorsed by nor does it necessarily reflect the belief of Provider.
21. DISCLAIMER. THIS WEB SITE AND CONTENT ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS WEB SITE, THE CONTENT, OR ANY PORTION THEREOF, (D) YOUR USE OF THIS WEB SITE OR THE CONTENT, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE OR THE CONTENT.
22. ERRORS AND CORRECTIONS. PROVIDER DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR ITS CONTENT WILL BE ERROR-FREE, FREE OF HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED OR THAT IT WILL ALWAYS BE ACCESSIBLE. LIKEWISE, PROVIDER DOES NOT REPRESENT OR WARRANT THAT TREATMENT OF RULES BY THIS WEB SITE AND ANY SUGGESTED INTERPRETATIONS WILL BE UPHELD OR ADOPTED BY THE US PATENT AND TRADEMARK OFFICE, COURTS, OR OTHER AUTHORITIES. PROVIDER MAY MAKE IMPROVEMENTS OR CHANGES TO ITS FEATURES, FUNCTIONALITY, OR CONTENT AT ANY TIME.
23. LIMITATION OF LIABILITY. PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEB SITE OR ITS CONTENT. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEB SITE OR THE CONTENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, PROVIDER’S SOLE OBLIGATION TO USER FOR DAMAGES SHALL BE LIMITED TO THE GREATER OF $100.00 OR ANY FEES PAID TO USE THIS WEB SITE.
24. Limitation on Time to Sue. Unless otherwise required by law, an action or proceeding by User to enforce an obligation, duty, right, or claim arising under this User Agreement or by law with respect to this Web Site or its use must be commenced within one year after the cause of action accrues.
25. Endorsements. The use of the name of any individual or entity in this Web Site and Content does not constitute an endorsement, a representation of quality or fitness, or a representation of any review or inspection of this Web Site, or its underlying software, by such individual or entity.
26. Indemnification. User agrees to indemnify, defend, and hold harmless Provider, its officers, directors, employees, contractors, agents, licensors, developers, suppliers, affiliated entities, and any third party information providers to this Web Site from and against all claims, losses, expenses, damages and costs, including reasonable attorneys fees, resulting from any violation of this User Agreement by you.
27. Third Party Rights. The above-stated provisions of Disclaimer, Error and Corrections, Limitation of Liability, and Indemnification are for the benefit of Provider and its officers, directors, employees, contractors, agents, licensors, developers, suppliers, affiliated entities, and any third party information providers to the Web Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
28. Remedies for Violations. Provider reserves the right to seek all remedies available at law and in equity for violations of this User Agreement.
29. Governing Law and Jurisdiction. The User Agreement is governed by and construed in accordance with the laws of the Commonwealth of Virginia, including its Uniform Computer Information Transactions Act to which the parties hereby specifically opt-in, and any action arising out of or relating to these terms shall be filed only in state or federal courts located in Virginia. User hereby consents and submits to the personal jurisdiction of such courts for the purpose of litigating any such action.
31. Modifications to User Agreement. Provider reserves the right to change, modify, add, or remove portions of the User Agreement at any time. Updated versions of the User Agreement will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing the User Agreement. Continued use of this Web Site, accessing your User Account, or creating new applications after any such changes constitutes your consent to such changes.
32. Complete Agreement. This User Agreement constitutes the entire agreement among the parties hereto and supersedes all oral or prior written agreements, representations, warranties, statements, promises, and understandings with respect to the subject matter hereof. Neither party is entering into this agreement in reliance on any representation of Provider, or its officers, directors, founders, or other personnel, other than those expressly included herein.
33. Written Notice. Written notices under this agreement shall be sent by both e-mail and physical delivery via personal service, express courier, or certified mail, return receipt requested, using the latest contact information of User as reflected in their User Account, or of Provider as specified in the Contact Us link, or at such different address as may be designated by written notice to the other party from time to time.
Version 2.0, Effective June 18, 2007
Printer Friendly Version