Disclaimer and other details

PowerPatent Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
By using the PowerPatent Inc. website at powerpatent.com (the “Site”), you agree to follow and be bound by the following terms of use (the “Terms of Use”). You also agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations.
In these Terms of Use: The words “you” and “your” refer to each customer or Site visitor; “we”, “us” and “our” refer to PowerPatent; and “Products” and “Services” refer to all products and services provided by PowerPatent.
It is your responsibility to review these Terms of Use periodically. We may revise them at any time without notifying you. If you find the Terms of Use unacceptable or if you disagree with them at any time, please do not use the Site. If you have any questions about these Terms of Use, contact our Customer Care Center.
Please also refer to the PowerPatent Terms of Service and PowerPatent Privacy Policy. Each is incorporated into these Terms of Use by reference.

BY USING THE SITE AND THE SERVICES, YOU DECLARE THAT YOU ARE AT LEAST 18 YEARS OLD AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
PowerPatent is not a legal firm. PowerPatent provides an online portal (the “Site”), powerpatent.com, which gives visitors a general understanding of US patent law. It also includes an automated software solution for individuals seeking to prepare their own patent application documents that will be filed with the United States Patent and Trademark Office (USPTO). In particular, the Site includes general information on common patent application issues, and the capability to conduct a diagnostic review of your application’s answers for completeness. The Site also can check for spelling and grammar mistakes, and make sure names and addresses are consistent. At no time do we review your answers for legal sufficiency, draw legal conclusions from your answers, provide legal advice or apply the law to the facts of your particular situation. PowerPatent and its Products and Services are not substitutes for the advice of an attorney.
Although PowerPatent strives to keep its legal documents accurate and current, the law changes rapidly. Consequently, PowerPatent cannot guarantee that all information on the Site is complete, up-to-date or accurate. First, the law varies from jurisdiction to jurisdiction, and may be subject to a unique interpretation by different courts. Also, the law is a personal matter; no general information or tool such as PowerPatent, will provide individualized advice for every unique circumstance. Furthermore, the information on the Site is not legal advice. Therefore, if you seek legal advice for your specific situation, or if your specific problem is too complex to be addressed by our Products and Services, you should consult a licensed attorney.
PowerPatent may periodically perform attorney access services, introducing you to attorneys through various methods. Methods include but are not limited to (i) legal plans, (ii) third party attorney directory listings, and (iii) third party limited scope agreements. Through this service, PowerPatent does not create or foster an attorney-client relationship at any time. This Site does not intend to create any attorney-client relationship, and your use of PowerPatent does not and will not create an attorney-client relationship between you and PowerPatent. Hence, you are representing and will represent yourself in any legal matter you undertake using PowerPatent’s Products and Services.

Privacy Policy.
PowerPatent respects your privacy and permits you to control the treatment of your personal information. A complete statement of PowerPatent’s current Privacy Policy can be found by clicking here. PowerPatent’s Privacy Policy is expressly incorporated into this Agreement by reference.
When you open an account to use or access certain portions of the Site or Products or Services, you must provide complete and accurate information on the registration form. The Site also will ask you to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party’s account, user name or password at any time. You agree to notify PowerPatent immediately if your account, user name or password is used without authorization. PowerPatent shall not be liable for any losses you incur as a result of someone else using your account, user name or password with or without your knowledge. You may be held liable for any losses incurred by PowerPatent, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else using your account, user name or password.
In connection with the use of certain PowerPatent Products or Services, you may be asked to provide personal information in a questionnaire, application, form or similar document. This information will be protected under our Privacy Policy.
By opening an account, you grant PowerPatent a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information solely to allow you to use the applicable Product or Service. You may revoke this license and terminate rights held by PowerPatent at any time by removing your personal information from the Product or Service.

Ownership.
This Site is owned and operated by PowerPatent. All rights, titles and interests in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”), are owned either by PowerPatent or our respective third party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by PowerPatent, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way.
Additionally, nothing on this Site shall be construed to confer any license for any of PowerPatent’s intellectual property rights, whether by estoppel, implication or otherwise. See “Legal Contact Information” below if you have any questions about obtaining such licenses. PowerPatent does not sell, license, lease or otherwise provide any Materials, other than those specifically identified as being provided by PowerPatent. Any rights not expressly granted herein are reserved by PowerPatent.

Limited Permission to Download.
PowerPatent hereby grants you permission to download, view, copy and print Software Materials on any single, stand-alone computer solely for your personal, informational, non-commercial use, provided that (i) the copyright and trademark notice appearing below appears in such Materials, (ii) the Materials are not used on any other website or in a networked computer environment and (iii) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of the terms or conditions under the Terms of Use. After such a termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, laws of privacy, and publicity and communications regulations and statutes.

Links to Third Party Sites.
The Site may contain links to websites controlled by parties other than PowerPatent (each a “Third Party Site”). PowerPatent works with partners and affiliates whose sites are linked to PowerPatent. PowerPatent may also provide links to other citations or resources with whom it is not affiliated.
Inclusion of any link does not imply that PowerPatent endorses the Third Party Site. Moreover, it does not imply that PowerPatent sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.
PowerPatent is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site, or any changes or updates to these sites. PowerPatent makes no guarantees about the content or quality of the products or services provided by such sites. PowerPatent is not responsible for webcasting or any other form of transmission received from any Third Party Site. PowerPatent provides these links only as a convenience. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site. Moreover, you agree that PowerPatent is not responsible for any loss or damage that you may incur in dealing with a Third Party Site. You should contact the site administrator of the applicable Third Party Site if you have concerns regarding such links or the content located on the Third Party Site.

License to Use.
PowerPatent grants you a limited, personal, non-exclusive, non-transferable license to use our software (the “Software”) for your own personal use or internal business use. This license is also granted if you are an attorney, or other professional, working for your client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Software in any manner, except for modifications made when you fill out the Software’s forms for your authorized use. You shall not remove any copyright notice from any form or the Software.
Resale of Software Prohibited:
By ordering the Software, you agree that the forms you purchase may only be used by you for your personal or business use, or used by you in connection with your client. The forms may not be sold or redistributed without the express written consent of PowerPatent.

DISPUTE RESOLUTION BY BINDING ARBITRATION
Summary:
Most customer concerns can be resolved quickly and to the customer’s satisfaction after contacting us. In the unlikely event that we are unable to resolve your complaint to your satisfaction (or if PowerPatent is unable to resolve a dispute it has with you after informal attempts), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction.
Arbitration is less formal than a lawsuit in court. It relies on a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Any arbitration under these Terms of Use will be conducted on an individual basis; class arbitrations and class actions are not permitted.
Arbitration agreement does not preclude you from buying:

For the purposes of this Arbitration Agreement, references to “PowerPatent,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Products or Services under these Terms or any prior agreements between us.
PowerPatent and you agree to arbitrate all disputes and claims between us before a single arbitrator. You agree that, by entering into these Terms of Use, you and PowerPatent are each waiving the right to a trial by jury or to participate in a class action.
The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to claims arising out of or relating to any aspect of our relationship, whether based in contract, tort, statute, fraud, misrepresentation or other legal theory.

The Terms of Use is evidence of a transaction or website based in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision survives termination of the Terms of Use.
Notwithstanding the above, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. (b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to PowerPatent should be addressed to: Notice of Dispute, General Counsel, PowerPatent Inc., 2900 Gordon Ave, Suite #100, Santa Clara, CA 95051 (the “Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief you seek (“Demand”). If PowerPatent and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or PowerPatent may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by PowerPatent or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, that you or PowerPatent is entitled.
You may initiate arbitration on the American Arbitration Association website at http://www.adr.org/.

The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) of the American Arbitration Association (the “AAA”). The AAA Rules will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. These Terms of Use modify the AAA rules, and the arbitrator is bound by these Terms of Use.
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. The parties agree that any awards or findings of fact or conclusions of law made during an arbitration of their dispute or claim are made only for the purposes of that arbitration, and may not be used by any other person or entity in any later arbitration of any dispute or claim involving PowerPatent. Also, the parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which PowerPatent was a party. Each party to the arbitration will pay its own costs and fees related to the arbitration.

The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator shall not award relief in excess of what these Terms of Use provide, aaward punitive damages or award other damages not measured by actual damages.
The arbitrator shall not have the power to commit errors of law or legal reasoning. Moreover, the parties agree that any injunctive award may be vacated or corrected on appeal by either party in a court of competent jurisdiction for such an error. Each party will bear its own costs and fees resulting from such an appeal.
Further, unless both you and PowerPatent agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. YOU AND POWERPATENT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES, NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. If this specific proviso is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction.

The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms of Use including, but not limited to, any claim that all or any part of the Terms of Use is void or voidable. If this specific proviso is found to be unenforceable, it is severable from the rest of the arbitration agreement.

Additional Terms.
Some PowerPatent Services may be subject to additional posted guidelines, rules or terms of service (“Additional Terms”). Your use of such Services is conditioned upon your agreement to the Additional Terms. If there is any conflict between these Terms of Use and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms of Use will control.

Reviews, Comments, Communications, and Other Content.
At various locations on the Site, PowerPatent may permit visitors to post reviews, comments, and other content (the “User Content”). Contributions to, access to and use of User Content is subject to this paragraph and other terms and conditions under the Terms of Use.
Rights and Responsibilities of PowerPatent:
Although we cannot make an absolutely guarantee that our system is secure, PowerPatent takes reasonable steps to maintain security. If you have reason to believe system security was breached, contact us by email for help.
If PowerPatent’s technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, PowerPatent reserves the right to delete those files or stop those processes. If PowerPatent’s technical staff suspects someone, who is not authorized by the proper user, to use that user name, PowerPatent may temporarily disable that user’s access in order to preserve system security. In all such cases, PowerPatent will contact the member as soon as feasible.
PowerPatent is not the publisher or author of User Content. It is a passive service for storage and the disseminator of ideas and opinions that PowerPatent members choose to post and distribute as User Content. PowerPatent does not screen works before they are posted, and no prior approval from PowerPatent is required before posting. PowerPatent disclaims all copyright and ownership of such works and all responsibility arising for them.
PowerPatent has the right, in our sole and absolute discretion, to: (i) eEdit, redact or otherwise change any User Content; (ii) re-categorize any User Content by placing it in a location it deems more appropriate; or (iii) pre-screen or delete any User Content that it determines is inappropriate or otherwise violates these Terms of Use. This includes but is not limited to User Content containing offensive language and advertisements. PowerPatent also reserves the right to refuse service to anyone and to cancel user access at any time.
Rights and Responsibilities of PowerPatent Users or Other Posters of User Content:
You are legally and ethically responsible for any User Content-writings, files, pictures or any other work-that you post or transmit using any PowerPatent Service that allows interaction or the dissemination of information. By posting User Content, you are responsible for respecting the rights of others, including intellectual property rights (copyright, patent and trademark), the right to privacy and the right not to be libeled or slandered. For example, if you wish to post a copyrighted work as User Content, you are responsible for obtaining the copyright holder’s permission first. Your access to User Content postings are for your personal use only. If you want to redistribute User Content postings, it is your responsibility to obtain permission from the poster (and any other person with rights in such work).
Additionally, under United States federal law you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. By posting a work as User Content, you authorize other PowerPatent members to make personal and customary use of the work, including by creating links or reposting. However, you do not give them permission to reproduce or disseminate it without your prior authorization. You have the right to remove any of your works from User Content at any time.
You give permission to PowerPatent to copy your works as part of the normal backup process.
If you use your PowerPatent user account or post User Content for any illegal activity under California or US laws, you violate these Terms of Use. Because the laws concerning the jurisdiction of online systems are unsettled, we urge you to consider the possible effect of laws outside PowerPatent’s locality or your own residence. PowerPatent is open to members worldwide (and works published on the World Wide Web, Usenet or other such services are accessible to anyone on the Internet). Consequently, PowerPatent cannot guarantee that you will not encounter legal problems in other jurisdictions over your posting or use of the Site.
Your Rights and Responsibilities as a PowerPatent User and Reader of User Content:
You are not required to provide your real name when signing up as a PowerPatent user. PowerPatent permits anonymous or pseudonymous accounts. Any user may request that PowerPatent hide his/her email address because of privacy concerns.
If you have a complaint about the behavior or posts of another user, it is your responsibility to attempt to resolve the conflict. If possible, you can do this by contacting that person directly. Normally, PowerPatent staff will not take a role in mediating conflicts between you and other users. PowerPatent is not responsible for your behavior or that of other users. Notwithstanding the above, if such a complaint or conflict arises, the user or users may request that a PowerPatent moderator intervene and attempt to resolve a dispute. However, such a request does not guarantee that a moderator will: (i) Intervene; (ii) intervene in a timely manner; (iii) resolve the dispute in favor of one party or the other; or (iv) successfully resolve the situation. The decision to intervene is in PowerPatent’s sole and absolute discretion.
You agree to help protect your account and the security of other users by guarding your password. If you have reason to believe your password was compromised or there was any unauthorized use of your account, contact PowerPatent via email as soon as possible.

NO WARRANTY.
THE SITE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED IN ASSOCIATION WITH YOUR USE OF THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, POWERPATENT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
POWERPATENT MAKES NO WARRANTY THAT (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. POWERPATENT IS NOT RESPONSIBILE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
NOTWITHSTANDING THE ABOVE, POWERPATENT OFFERS A 60-DAY SATISFACTION GUARANTEE, THE TERMS OF WHICH ARE AVAILABLE HERE.

LIMITATION OF LIABILITY AND INDEMNIFICATION.
YOU WILL HOLD POWERPATENT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED). THIS APPLIES WHETHER IT IS IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISES OUT OF OR IN CONNECTION WITH THESE TERMS OF USE. SPECIFICALLY, THAT INCLUDES, WITHOUT LIMITATION, ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM THESE TERMS OF USE AND ANY VIOLATION BY ME POWERPATENTOF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF POWERPATENT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF THERE IS LIABILITY FOUND ON THE PART OF POWERPATENT, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, EXCEPT AS ALLOWED PURSUANT TO THE POWERPATENT ARBITRATION AGREEMENT, CONTAINED IN PARAGRAPH 5 OF THESE TERMS OF USE, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO POWERPATENT. FURTHER, EXCEPT AS PERMITTED BY LAW, NOTHING IN THIS PARAGRAPH IS INTENDED TO MODIFY THE PROVISIONS OF CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTIONS 6400, ET SEQ.

Unsolicited Submissions.
Except as may be required in connection with your use of PowerPatent Products and Services, PowerPatent does not want you to submit confidential or proprietary information to us through the Site. All comments, feedback, information or material submitted to PowerPatent through or in association with this Site shall be considered non-confidential and PowerPatent’s property. By providing such submissions to PowerPatent, you hereby assign to PowerPatent, at no charge, all worldwide rights, title and interest in and to the submissions. That also includes any intellectual property rights associated with the submissions. PowerPatent shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions you provide, including their legality, reliability, appropriateness, originality and content.

Compliance with Intellectual Property Laws.
When accessing PowerPatent Products and Services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Products and Services and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and the use of intellectual property. You shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your PowerPatent user account.
PowerPatent has adopted a policy that includes the immediate removal of any content, article or materials that infringe on the rights of PowerPatent or a third party or that violate intellectual property rights generally. PowerPatent’s policy is to remove such infringing content or materials and investigate such allegations immediately.
Copyright Infringement:
Notice: PowerPatent has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with its Products and Services. It has adopted a policy that includes the immediate suspension and/or termination of any Site, Product or Service user who is found to infringe the rights of PowerPatent or a third party or otherwise violate any intellectual property laws or regulations.
PowerPatent’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want PowerPatent to delete, edit, or disable the material in question, you must provide PowerPatent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail): (1) A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works on the Site; (3) identification of allegedly infringed or infringing material that is sought to be removed or access to which is to be disabled with information reasonably sufficient to permit PowerPatent to locate the material; (4) Information reasonably sufficient to permit PowerPatent to contact you, such as an address, telephone number, and email address; (5) a statement that you have good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
The above written information must be sent to our registered Copyright Agent:
Copyright Agent
c/o PowerPatent Inc.
2900 Gordon Ave, Suite #100,
Santa Clara, CA 95051
copyright: agent@powerpatent.com

Counter-Notice. If your User Content was wrongly removed or access to it was wrongly disabled-meaning that it was not infringing or you have authorization from the copyright owner, the copyright owner’s agent or pursuant to the law to post and use the material as your User Content-then you may send a written counter-notice containing the following information to the Copyright Agent: (1) Your physical or electronic signature; (2) identification of the removed User Content or the User Content whose access was disabled, and its location before it was removed or disabled; (3) a statement that you have a good faith belief that the User Content was removed or disabled as a result of a mistake or a misidentification of the User Content; and (4) your name, address, telephone number, email address, a statement that you consent to the jurisdiction of the federal court in Santa Clara, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, PowerPatent may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling access to it within 10 business days. Unless the copyright owner files an action seeking a court order against the User Content provider or PowerPatent user, PowerPatent has the sole discretion to replaced the removed User Content or restore access to it within a minimum of 10 business days after receipt of the counter-notice.

Inappropriate Content.
When accessing the Site or using PowerPatent’s Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that (i) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or solicits funds, goods or services. PowerPatent reserves the right to terminate or delete such material from its servers. PowerPatent will cooperate fully with any law enforcement officials or agencies who investigate any violation of these Terms of Use or any applicable laws.

Compliance with Export Restrictions.
You may not access, download, use or export the Site or Materials if that action is a violation of United States export laws or regulations or violates any other applicable laws or regulations. You agree to comply with all United States, or foreign agency or authority’s export laws, restrictions and regulations. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations. Moreover, you agree that none of the Materials or any direct product therefrom is or will be acquired for shipping, transferring or re-exporting, directly or indirectly, to proscribed or embargoed countries or their nationals. Further, that bar includes use for any prohibited purpose. You also assume sole responsibility for obtaining required licenses to export or re-export.

Personal Use.
The site is made available for your personal use on your own behalf.

Children.
Minors are not eligible to use the Site and request that they do not submit any personal information to us.

Governing Law Venue.
By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of California, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Site or Materials is governed by the Arbitration Agreement contained in Paragraph 6 of these Terms of Use. The Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site.

Copyrights.
All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, PowerPatent Inc. ALL RIGHTS RESERVED.

Trademarks.
PowerPatent, PowerPatent.com, the PowerPatent logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of PowerPatent Inc. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

Attorney Access Services.
Use of term “Experience”. The term “experience” or “experienced” as used on the Site and in other communications in reference to third party attorneys participating in PowerPatent’s attorney access services, means that the legal plan’s primary handling partner from each law firm fulfills the following: (a) Possesses a minimum of five years’ experience practicing law; (b) maintains errors and omissions insurance policies consistent with industry standards; (c) is in good standing with the state bar in each jurisdiction in which the attorney is licensed to practice; (d) has no pending malpractice lawsuits as of the date that he/she joins one of PowerPatent’s legal plans; and (e) has no public record of discipline by a state bar within the last five years. The term “experience” or “experienced” is not intended to be a comparison to another attorney’s services or qualifications.

Use of Testimonials and Media Endorsements.
All customer testimonials and media endorsements used on the Site were provided to PowerPatent in the last five years.

Inquiries.
BY USING POWERPATENT’S PRODUCTS OR SERVICES OR ACCESSING THE POWERPATENT SITE, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO POWERPATENT VIA THE POWERPATENT SITE CONSTITUTES AN INQUIRY TO POWERPATENT. AS A RESULT, POWERPATENT MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF THE NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).

Acknowledgement.
BY USING POWERPATENT’S PRODUCTS OR SERVICES OR ACCESSING THE POWERPATENT SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

Updated July 3, 2012

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