Terms & Conditions
Last updated: January 19, 2020
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Account means a unique account created for You to access our Service or parts of our Service.
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Patent Theory LLC, 412 N Main St. Suite 100 Buffalo, Wyoming.
- Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
- Country refers to: Wyoming, United States
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
- Service refers to the Website.
- Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
- Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
- Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to Patent Theory, accessible from www.patenttheory.com
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Patent Theory will process your patent claim(s) to provide auto-generated drafts. After providing results to you, Patent Theory will immediately discard your patent claims and not store, cache, or log any content of your auto-generated drafts, unless specifically agreed to in writing. Patent Theory’s processing of patent claims is performed exclusively on computers in the United States using Amazon Web Services (AWS). Using AWS means that you also agree that we may process your data under the AWS Service Terms and the AWS Customer Agreement. As of the date of these Terms, the AWS Customer Agreement states that AWS "will not access or use Your Content except as necessary to maintain or provide the Service Offerings, or as necessary to comply with the law or a binding order of a governmental body."
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it on your own or the Company cancels it at its own discretion.
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
The Company may, at its sole discretion, offer a Subscription with a free trial for a limited period of time.
You may be required to enter Your billing information in order to sign up for the free trial.
If You do enter Your billing information when signing up for a free trial, You will not be charged by the Company until the free trial has expired. On the last day of the free trial period, unless You canceled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.
At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such free trial offer.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Mutual Non-Disclosure Agreement
(A) For the purpose of evaluating and using the software, website, and any related tools such as an add-in for Microsoft Word ("Purpose")
(B) the parties may, in conjunction with the aforesaid and for their mutual benefit, disclose to each other technical and/or commercial information relating to their respective businesses, facilities, products, techniques, and processes in form of oral disclosure, demonstration, device, apparatus, model, a sample of any kind, computer program, magnetic medium, document, specification, circuit diagram, or drawing (including but not limited to information of a general nature or information not necessarily in the form as applied to wireless telecommunications systems) and visual observation of the aforesaid which information is proprietary to the disclosing party or to its Affiliates ("Information") and the parties are willing to undertake to restrict the use and further disclosure of the Information.
NOW IT IS HEREBY AGREED:
- Either party who receives Information ("Receiving Party") shall keep all Information received from the other party ("Disclosing Party") in whatever form as strictly confidential and shall not disclose it to third parties without prior written permission of the Disclosing Party.
- The Information received hereunder shall not be used for any purpose other than the above-mentioned Purpose without the prior written permission of the Disclosing Party.
- The Company acknowledges that Patent Theory is part of an organization of multiple legal entities in several jurisdictions and that it may be necessary for Patent Theory LLC to provide Information to its Affiliates (as defined below). For this purpose, Company agrees (both as the Disclosing Party and as the Receiving Party hereunder) that:
- a) Patent Theory may disclose Information to its Affiliates but only to the extent that such Affiliate has a need to know for carrying out the Purpose; and
- disclosure by or to an Affiliate of Patent Theory shall be deemed to be a disclosure by or to Patent Theory LLC, as applicable; and
- Patent Theory shall be responsible for the observance and proper performance by all of its Affiliates of the terms and conditions of this Agreement; and
- Patent Theory may disclose Information to its subcontractors but only to the extent that such subcontractor has a need to know for carrying out the Purpose and provided that such subcontractor accepts confidentiality obligations similar to those contained in this Agreement.
- For the purpose of this Agreement "Affiliate" shall mean an entity (i) which is directly or indirectly controlling Patent Theory LLC; (ii) which is under the same direct or indirect ownership or control as Patent Theory LLC; or (iii) which is directly or indirectly owned or controlled by Patent Theory LLC. For these purposes, an entity shall be treated as being controlled by another if that other entity has fifty percent (50 %) or more of votes in such entity, is able to direct its affairs and/or to control the composition of its board of directors or equivalent body.
- Subject to the foregoing each party shall restrict access to Information received from the other party to only those of its employees to whom such access is necessary for carrying out the Purpose and advise such employees of the obligations assumed herein.
- The Receiving Party shall in no event use a lower degree of care in safeguarding the Disclosing Party’s Information than it uses for its own information of like sensitivity and importance and upon discovery of any unauthorized disclosure of Information, the Receiving Party shall use its best endeavors to prevent any further disclosure or unauthorized use thereof. In case of discovery of unauthorized disclosure, the Receiving Party shall notify the Disclosing Party without any delay.
- The foregoing obligations shall not apply to any Information which
- is publicly available at the time of disclosure or later becomes publicly available through no fault of the Receiving Party; or
- was known to the Receiving Party prior to disclosure by the Disclosing Party as proven by the written records of the Receiving Party; or
- is disclosed to the Receiving Party by a third party who did not obtain such information, directly or indirectly, from the Disclosing Party; or
- was independently developed without use or reference to Information by the Receiving Party as proven by the written records of the Receiving Party.
- In addition, the Receiving Party may disclose Information in accordance with a judicial or other governmental order provided that the Receiving Party, subject to what is permitted under the applicable law, either (i) gives the Disclosing Party reasonable notice prior to such disclosure to allow the Disclosing Party a reasonable opportunity to seek a protective order or equivalent, or (ii) obtains written assurance from the competent judicial or governmental entity that it will afford the Information the highest level of protection afforded under the applicable law or regulation.
- For the purpose of the foregoing exceptions, disclosures which are specific, e.g. as to engineering and design practices and techniques, products, software, operating parameters, etc. shall not be deemed to be within the foregoing exceptions merely because they are embraced by general disclosures which are in the public domain or in the possession of the Receiving Party. In addition, any combination of features shall not be deemed to be within the foregoing exceptions merely because individual features thereof are in the public domain or in the possession of the Receiving Party, but only if the combination itself and its principle of operation are in the public domain or in the possession of the Receiving Party.
- This Agreement shall govern the communications relating to Information between the parties hereto during the period of three (3) years from the latest date of signature of this Agreement or until such time as the present Agreement is expressly superseded by a subsequent agreement between the parties hereto, whichever is earlier. The obligations set forth in this Agreement shall bind the parties for a period of five (5) years from the date of disclosure of Information and such obligations shall survive the termination or earlier expiration of this Agreement.
- Neither this Agreement nor disclosure or receipt of Information shall constitute or imply any promise or intention to make any purchase of products or services by either party hereto or any commitment by either party hereto with respect to the present or future marketing of any product or service or any promise or intention to enter into any other business arrangement.
- No license to a party hereto, under any trademark, patent, copyright or any other intellectual property right, is either granted or implied by the conveying of Information to such party. None of the Information which may be disclosed or exchanged by the parties shall constitute any representation, warranty, assurance, guarantee or other inducements by either party to the other of any kind, and, in particular, with respect to the non-infringement of trademarks, patents, copyrights or any other intellectual property rights, or other rights of third parties.
- All material embodying Information or relevant or related thereto whether or not supplied by the Disclosing Party, including, without limitation, rejected drawings, scrap papers, photographic negatives, or computer input or output, and including all copies of any kind shall be returned or destroyed upon the written request of the Disclosing Party.
- The Receiving Party shall adhere to any relevant export control laws and regulations with respect to the Information or products received from the Disclosing Party.
- It is explicitly agreed hereunder, that neither of the parties shall make any publicity on, a press release of, or reference to this Agreement, the other party, or the co-operation between the parties.
- This Agreement shall be construed and interpreted in accordance with the laws of Wyoming, excluding its rules for choice of law.
- Any disputes relating to or arising in connection with this Agreement shall be finally settled in arbitration. The arbitrator is to be appointed by agreement of the two parties and the rules of the appointed arbitrator are to be followed in the arbitration. The award shall be final and binding and enforceable in any court of competent jurisdiction.
- The arbitration shall be held in San Francisco, CA, in the English language
- The parties undertake and agree that all arbitral proceedings conducted with reference to this Article shall be kept strictly confidential, and all information disclosed in the course of such arbitral proceedings shall be used solely for the purpose of those proceedings.
- Notwithstanding the foregoing, nothing in this Agreement shall be deemed to limit the parties' rights to seek interim injunctive relief or to enforce an arbitration award in any court of law.
- This Agreement may be executed in any number of counterparts by either handwritten signatures, including the exchange of scanned representations of handwritten signatures, or e-signatures. By using e-signature to sign this Agreement the Parties acknowledge that execution in this manner creates binding contracts between the Parties.
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content, if posted, on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at firstname.lastname@example.org and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
- A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
- Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
- Your address, telephone number, and email address.
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our copyright agent via email at email@example.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
- By email: firstname.lastname@example.org