Terms of Service Agreement for IP Solutions

Welcome to the Patexia website at www.patexia.com (“Site”). The following Terms of Service (“Agreement”) will govern your registration and use of the Site. Patexia is an online platform that facilitates the exchange of intellectual property and information. By using the Site, you signify that you have read, understand, and agree to be bound by these Terms of Service. We, at our sole discretion, may modify this Agreement and will post a copy of amendments online. The most recent version of this Agreement may be viewed at www.patexia.com. If you continue using the Site following posting of any such changes, you are bound by any such updates or changes and should, therefore, periodically review the Terms of Service.

This Agreement, which includes the Patent Analyzer Terms, the Concierge Service Terms and the IP Insight Report Terms, applies to all services and features on this Site unless otherwise indicated. For example, if you are an enterprise customer, you may have entered into a separate master services agreement with Patexia, or if you are a Patexia Expert, the Expert Terms shall also apply to you. In the event there is a conflict between these Terms of Service and any agreement between you and Patexia Inc., such other agreement shall govern.

1. Scope of Service.

Patexia maintains this Site as a service to the user community that visits and uses the Site, subject to these Terms of Service. The term “Site” includes all services and features available on Patexia.com. Users of this Site (“you”) are responsible for obtaining any equipment and Internet service necessary to access our Site and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason, without notice. The Site may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.

2. Site Content.

The content may contain typographical errors and other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or any other information without obligation to issue any notice of such changes.

You may view, copy, download, and print content that is available on this Site, subject to the following conditions:

a. The Content may be used solely for internal informational purposes. No part of this Site or its content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, for any other purpose.
b. The content may not be modified.
c. Copyright, trademark, and other proprietary notices may not be removed.

Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any content displayed on this Site, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Service; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Site.

3. Usage of Patexia.

Age; Authority
If you are under the age of 18 years, you are only permitted to use the Patexia services or products on the site with the involvement of a parent or legal guardian. If you are under 18 and cannot comply with the terms of this clause, then do not use any of Patexia’s services.

Confidential Information

Do not post confidential information related to any invention or technology on this Site. You agree to only post information on this Site that is acceptable for publication in a public forum and that all postings of information in regards to invention or technology on this Site are non-confidential.

Posts, Comments, Articles, and Any Type of Content Created

Patexia is not responsible for any type of content created on this Site. Patexia retains the right to preserve and disclose any information disclosed on any type of content on the site as necessary to satisfy the law, to enforce the Terms of Use, to prevent and address fraud, or to protect Patexia, its users, employees, agents and the general public. Patexia will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement. The information provided on Patexia is solely for informational purposes.

Any type of content posted by our staff, contractors, agents or other professional affiliates should not be considered legal advice or professional advice and you should not act upon the information on the article, comment, or any form of posting without seeking legal or professional counsel.

Correspondence or Business with Advertisers

You agree that Patexia is not responsible or liable for any correspondence or business activities or participation in promotions that occur between you and Advertisers on our Site. Responsibility or liability for any loss or damage that has occurred as a result of any such activity rests solely between you and the Advertiser.

Account Cancelation

You can cancel your account at any time by sending an email to support@patexia.com. Once your account is canceled all your data will be deleted. We reserve the right to terminate your account at any time.

Data Network and Internet Access

When you access the Site through a mobile network, your network or roaming data services, data and other rates and fees will apply. Downloading, installing or using certain services may be prohibited or restricted by your network provider and not all features of the Site may work with your network provider or device. The Site may require an Internet connection to access Internet-based features, authenticate the Site, real-time messaging or perform other functions. You acknowledge that you may be charged by your network service provider, and shall be responsible for any such charges for Internet access.

4. User Content.
Accuracy

You may browse this Site without providing Personal Information (as such term is defined in our Privacy Policy) such as name or email address. However, we do collect certain Personal Information from public sources, as well as automatically from visitors of the Site through cookies and other tracking technologies. Please refer to our Privacy Policy for additional information on our practices for handling Personal Information. However, if you choose to provide Personal Information to register for or participate in a service, event, or promotion on this Site, you agree that you will provide accurate, complete, and up-to-date information as requested on the screens that collect information from you.

Submissions
By submitting user content through the Site, you hereby grant us a worldwide, royalty-free, fully paid-up, perpetual, irrevocable, transferable, sub-licensable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such content.

Liability
We are not responsible or liable for the conduct of users, or for views, opinions and statements expressed in content submitted for public display through our Site, such as through an article, comment, online forum, or blog. We may not pre-screen information posted to our website. With respect to any content posted to our website, we are acting as a passive conduit for such distribution and are not responsible for content. Any opinions, advice, statements, services, offers, or other information in content expressed or made available by users online are those of the respective author(s) or distributor(s) and not of Patexia. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such content. You are responsible for ensuring that content submitted to this Site is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secrets, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Content to this Site.

Monitoring
We have the right, but not the obligation, to monitor content submitted to our Site through our forum or other means such as comments and reviews by users, to determine compliance with these Terms of Service and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material submitted to or posted in any online discussion forum provided through this Site. Without limiting the foregoing, we have the right to remove any material that Patexia, in its sole discretion, finds to be in violation of these Terms of Service or otherwise objectionable, and you are solely responsible for the Content that you post to this Site.

5. Notices.

You consent, by providing Patexia with your email address, to receiving notices about our products and services, and also to receive notices required by the law. Notices required by the law are mandatory. You may opt out of receiving other email notices.

6. System Integrity.

You agree not to use any device, software, process or routine that can interfere with the proper functioning of this Site or which can damage, hinder, or intercept and export any system data or personal information. You agree not to impose an unreasonable load on the infrastructure of this Site.

7. Intellectual Property Rights.

Unless otherwise noted, all Content contained on this Site is the property of Patexia, and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.

8. License.

Patexia grants you a limited, non-exclusive, non-transferable, revocable license to use our Site. Patexia reserves all rights, title and interest not expressly granted under this license to the fullest extent possible under all applicable laws. Any use of Patexia not permitted under this agreement is strictly prohibited.

9. Prohibited Conduct.

By accessing our Site, forums, blogs, or other services provided through our Site, you agree to abide by the following standards of conduct. You agree that you will not authorize or facilitate any attempt by another person to use our Site or any related online discussion forum to:

a. Transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Patexia;
b. Use a name or language that Patexia, in its sole discretion, deems offensive;
c. Post defamatory statements;
d. Post hateful or racially or ethnically objectionable content;
e. Post content which infringes another's copyright, trademark or trade secret;
f. Post unsolicited advertising, or unlawfully promote products or services;
g. Harass, threaten or intentionally embarrass or cause distress to another person or entity;
h. Impersonate another person;
i. Promote, solicit, or participate in any multi-level marketing or pyramid schemes;
j. Exploit children under 18 years of age;
k. Engage in disruptive activity such as sending multiple messages in an effort to monopolize an online forum;
l. Introduce viruses, worms, Trojan horses and/or harmful code to the Site;
m. Obtain unauthorized access to any computer system through the Site;
n. Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent;
o. Violate any federal, state, local, or international law or regulation; or
p. Encourage conduct that would constitute a criminal or civil offense.

10. Copyright Infringement; Notice and Take Down Procedures.

If you believe that any materials on this Site infringes your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its Site location or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that "under penalty of perjury," you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf.

To give Patexia notice of alleged copyright infringement, please provide the above information to:
Patexia Inc.
Attn: Copyright Agent
100 Wilshire, Suite 700
Santa Monica, CA 90401
Email: copyright@patexia.com

11. Links to Third-Party Sites.

This Site may contain links to non-Patexia sites that are provided to you as a convenience. Any outside site accessed from our Site is independent from Patexia, and we have no control over the content of such sites. We are not responsible for the content of any linked Site or for any loss or damage incurred in connection with your use of such links or dealings with the operators of such non-Patexia sites.

12. No Implied Endorsements.

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Patexia of that third party or of any product or service provided by a third party. Likewise, a link to any non-Patexia Site does not imply that we endorse or accept any responsibility for the content or use of such a site.

13. No Agency.

Patexia only provides a platform related to intellectual property services and does not in any way act as your agent or partner. No agency relationship exists between you and Patexia unless otherwise expressly agreed in writing.

14. Security.

When you register to participate in certain services offered on this Site, you may be required to establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account. You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate actions can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.

15. Purchases.

If applicable, you agree to pay all fees or charges to your account based on Patexia’s fees, charges, and billing terms in effect as shown on the Payment Pages. If you do not pay on time or if Patexia cannot charge your credit card, PayPal, or other payment methods for any reason, Patexia reserves the right to either suspend or terminate your access to the Site and account and terminate these Terms. You are expressly agreeing that Patexia is permitted to bill you for the applicable fees, any applicable tax, and any other charges you may incur in connection with your use of this Site, and the fees will be billed to your credit card, PayPal, or other payment method designated on your initial registration with this Site, and thereafter at regular intervals for the remainder of the term of these Terms. If you cancel your account at any time, you will not receive any refund. If you have a balance due on any account, you agree that Patexia may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. All purchases made via the Site, whether of Materials, Services or otherwise, are non-refundable.

16. Statute of Limitations.

Regardless of any statute or law that may be to the contrary, you agree that any claim or cause of action arising out of or related to the use of this Site will be barred unless filed within a year of such claim or cause of action.

17. Disclaimer of Warranty.

Under no circumstances will Patexia be liable for any loss or damage caused by your reliance on information or any content on this Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice, or other content available through this Site.

ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, PATEXIA DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE ONLINE SERVICES. YOU UNDERSTAND THAT PATEXIA DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE ONLINE SERVICES.

18. Limitation of Liability.

NOTHING IN THESE TERMS SHALL AFFECT YOUR LEGAL RIGHTS AS A CONSUMER OR EXCLUDE OR LIMIT ANY LIABILITY, WHICH CANNOT BE LEGALLY EXCLUDED, OR LIMITED.

IN NO EVENT SHALL PATEXIA BE LIABLE TO ANY USER OF THIS SITE OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE SITE OR ANY INFORMATION CONTAINED THEREIN, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF PATEXIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

SUBJECT TO THE EXCLUSIONS EXPRESSLY SET FORTH IN THIS SECTION, IN ALL EVENTS, PATEXIA SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO PATEXIA IN ACCORDANCE WITH THESE TERMS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO PATEXIA DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND PATEXIA’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH PATEXIA IS TO STOP USING THE ONLINE SERVICES AND TO CANCEL YOUR ACCOUNT.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PATEXIA AND YOU.

19. Indemnification.

By using this Site, you agree to indemnify, hold harmless and defend Patexia Inc. from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of this Site or your violation of any applicable laws, rules or regulations.

20. Release.

You release Patexia (and our owners, shareholders, employees, agents, suppliers, and licensors) from liabilities and claims of every kind and nature, known and unknown, which may arise out of disputes between users of this Site. If you are a California resident, you agree to waive California Civil Code § 1542, which states that "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

21. Force Majeure.

Patexia will not be liable for delays, errors, or omissions in the performance of our platform that occur due to events beyond our reasonable control, and we are entitled to a reasonable period of time to remedy any delays, errors, or omissions that affect the performance of our platform.

22. Jurisdictional Issues.

We make no representation that information on this Site is appropriate for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with the applicable local laws of the country in which you reside.

23. Termination.

We may terminate any user’s access to our Site, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Site.

24. Enforcement.

a. Governing Law. These Terms of Service shall be governed and interpreted pursuant to the laws of the state of California, United States of America, notwithstanding any principles of conflicts of law.

b. Arbitration. All disputes arising out of or relating to these Terms of Service shall be finally resolved by arbitration conducted in the English language in Los Angeles, California, U.S.A., under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the state of California. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, we shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the District of California or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards. Any purported award of punitive or multiple damages shall be beyond the arbitrator’s authority, void, and unenforceable.

c. Opt-Out of Arbitration. If you are a new Patexia user, you may reject this arbitration agreement by contacting us here within thirty days after you first use the Patexia Services. If you are an existing Patexia user, you have thirty days after the posting of the updated Terms of Service in which to reject this arbitration agreement by contacting us here. In order to opt-out, you must include your name, full street address, and email address associated with your account and an unaltered digital image or copy of a valid driver’s license or government-issued ID which matches the name on your account. This procedure is the only way you can opt out of the arbitration agreement. If you opt out, all other parts of these Terms of Service will continue to apply to you. Opting out of this arbitration agreement has no effect on any previous, other, or future arbitration agreements that you may have with Patexia.

d. Exceptions. Each party will retain the right to bring an individual action in a small claims court in the United States to the extent that the claim and the parties are within the jurisdiction of such small claims court.

e. Prohibition of Class Actions. You acknowledge and agree that you and Patexia are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. Further, unless both you and Patexia otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class, collective, consolidated or representative proceeding. If there is a final determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy will be severed and may be brought in a court of competent jurisdiction, but the waiver contained in this paragraph shall be enforced in arbitration on an individual basis as to all other claims, causes of action or requested remedies to the fullest extent possible. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and Patexia agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator. Except for California residents, or where otherwise prohibited by law, the parties also waive the right to bring any claims for public injunctive relief. This section does not prevent any party from participating in a settlement on a class-wide, collective, consolidated, or representative basis.

25. Severability.

If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

26. Entire Agreement.

These Terms of Service, along with the Privacy Policy, constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this page.

27. For Additional Information.

If you have any questions about these Terms of Service, please contact us.