BETA USER AGREEMENT
Applies to Applications created before June 18, 2007. See current User Agreeement for all other applications.
YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS USER AGREEMENT.
This beta web site, including all of its features, analysis capabilities, and content (the "Web Site") is a service made available by PatentTerm Online, LLC ("Provider") to assist patent professionals in performing patent term adjustment calculations under the American Inventors Protection Action of 1999 ("AIPA"). All content, analyses, 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, logon to your account, or create a new application for analysis, you agree to be bound by the terms and conditions of this User Agreement.
1. Web Site Limited License. As an approved beta tester ("Beta Tester") who has been granted written permission to use this Web Site and has been provided logon information by Provider you are granted a nonexclusive, nontransferable, revocable, limited license to access and use this Web Site and Content in accordance with this User Agreement. Provider may terminate this license at any time for any reason without notice. Use of this Web Site or access of Content by others is prohibited.
2. Preliminary Nature of Web Site. Beta Tester acknowledges that the Web Site and Content is currently under development, is preliminary in nature, and should not be considered final or error-free, and that some features of the Web Site may be incomplete or unavailable. While Provider believes the Web Site will be useful in assisting Beta Testers in assessing patent term adjustment under AIPA in some applications, Provider does not guarantee the accuracy of Content, the Web Site, or analyses performed therewith, and recommends that Beta Testers manually confirm the accuracy of any calculations. Furthermore, Provider does not guarantee that any information or applications input by Beta Testers will be maintained in the system or be available for retrieval on future dates. In the event Provider allows Beta Testers to access applications after commercial availability of the PatentTerm Online service, Beta Testers agree that such access will be subject to the User Agreement in force at that time.
4. Registration of Patent Professionals. Use of the substantive features of this Web Site requires you to register. Registration constitutes your certification that you are a patent professional knowledgeable about patent prosecution, capable of properly operating this Web Site, and having sufficient understanding of AIPA patent term adjustment to make necessary legal interpretations and to review, assess, and interpret term calculations. When registering, 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. Each registration is for a single individual only. Provider does not permit (a) anyone other than you to use the features of this Web Site requiring registration by using your name or password; or (b) access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use, and agree not to provide your Logon information 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. If you believe there has been unauthorized use of your account or that your Logon information has been lost, stolen, or otherwise compromised, you agree to promptly notify Provider immediately by sending e-mail to Support@PatentTerm.com.
5. Limitations on Authorized 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 disable user accounts. 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.
6. Fees and Pricing. There is no charge for Beta Testers to use or access this Web Site or its Content. Provider may, however, limit the amount of use or number of applications analyzed by Beta Testers. If you believe there has been an error related to any charge, if you think your credit card statement or receipt is wrong, or if you need more information about a fee, please send e-mail to Support@PatentTerm.com. 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. Computer Requirements. In this User Agreement, your computer, any software including browsers, and related equipment, are referred to collectively as your "Computer". You are 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 browsers. We are not responsible for any errors or failures caused by any malfunction of your Computer, and we are not responsible for any computer virus or related problems that may be associated with the use of this Web Site or your Computer. You are responsible for all telephone charges incurred in connecting to the Web Site and for charges by any service provider providing connection to the Internet. We are not responsible for losses or delays caused by your service providers.
8. Closing Your Account. You may close your account by notifying Provider in writing. Where an account is inactive for a period of 12 months or greater, Provider may close the account without notification.
10. 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 U.S. Patent and Trademark Office, courts, or other applicable authorities. Provider may make improvements or changes to its features, functionality or Content at any time.
11. Limitations on Use. Use of this Web Site or access of Content is available only for its intended purpose of assisting patent professionals in performing patent term adjustment calculations under AIPA. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Web Site or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, algorithms employed in analyses, internal workings of the Web Site, or other site information. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Web Site or the Content without Provider’s prior written permission. You 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.
12. 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. You agree 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.
13. Linking to this Web Site. You 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 advertisements, the User Agreement, or other notices on this Site, (b) you receive prior written permission from Provider for such link by sending an e-mail to Support@PatentTerm.com, (c) you discontinue providing links to this Web Site if requested by Provider, and (d) you agree to and abide by any additional terms and conditions of the permission.
14. 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.
15. 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. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of Provider.
16. DISCLAIMER. THIS WEB SITE AND THE 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.
17. 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 YOU FOR DAMAGES SHALL BE LIMITED TO THE GREATER OF $100.00 OR ANY FEES PAID TO USE THIS WEB SITE.
18. Indemnification. You agree to indemnify, defend and hold harmless Provider, its officers, directors, employees, agents, licensors, suppliers, affiliated entities, and any third party information providers to the 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.
19. Third Party Rights. The above-stated provisions of Disclaimer, Limitation of Liability, and Indemnification are for the benefit of Provider and its officers, directors, employees, agents, licensors, 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.
20. 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.
21. Remedies for Violations. Provider reserves the right to seek all remedies available at law and in equity for violations of this User Agreement.
22. Governing Law and Jurisdiction. The User Agreement is governed by and construed in accordance with the laws of the Commonwealth of Virginia and any action arising out of or relating to these terms shall be filed only in state or federal courts located in Virginia and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
24. Modifications to User Agreement. Provider reserves the right, at our discretion, 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 account, or creating new applications after any such changes constitutes your consent to such changes.
Applies to Applications created before June 18, 2007. See current User Agreeement for all other applications.