The Patent Board | Website User Agreement Terms & Conditions



		The Patent Board Website User Agreement Terms and Conditions
		1. General ipIQ, Inc. hosts the PatentBoard.com web site at which users can access various proprietary tools, statistics, metrics, research and databases relating to intellectual property (IP), investments, and other topics. This User Agreement sets forth the terms and conditions governing the access and use of our site by you, the User. If you access or use our web site in any way, you agree to comply with the applicable terms and conditions of this User Agreement. 2. Permitted Uses a. General The PatentBoard.com web site (PatentBoard or The Patent Board) is owned and operated by ipIQ, Inc., a Delaware corporation (ipIQ). All information, material and content appearing on this site, including but not limited to its information, data, tools, statistics, metrics, research and databases, site design, text, graphics, icons interfaces, and the selection, assembly and arrangements, are owned or licensed by ipIQ. Permission is granted to electronically copy and to print hard copy portions of these materials only as described herein. Any other use of materials on this site, including but not limited to, reproduction for purposes other than those noted herein, modification, transmission, display, distribution or republication, without the prior written permission of ipIQ and PatentBoard.com is strictly prohibited. Users are not permitted to use "web crawlers" or other types of software or hardware technology to automatically download material from the PatentBoard web site. Elements of the site are also protected by trademark, patent, copyright, trade dress and other laws and may not be imitated in whole or in part. You hereby acknowledge that all information, material and content provided by ipIQ or PatentBoard.com is protected by United States copyright law and international treaty provisions; ipIQ and PatentBoard.com hereby reserve all rights which are not explicitly granted to you herein; without limiting the generality of the foregoing, ipIQ and PatentBoard.com and retain all title, copyright, and other proprietary interests in the information, material and content any copies thereof, and you do not acquire any rights, express or implied, in the information, material and content, other than those specifically set forth in this User Agreement. b. Limited Commercial Use ipIQ and PatentBoard.com do not transfer title to any information, material or content downloaded or used by User, including but not limited to the Patent Scorecard(s). Users are permitted to make only limited commercial use of the information contained on the PatentBoard.com web site. It is not permitted to use the site or information on the site to operate a patent research service or rating service that is competitive in any way with ipIQ or the PatentBoard.com web site or for any other purpose, such as demonstrating your own products to customers or potential customers. You may not reverse engineer, de-compile, disassemble, alter, duplicate, modify, rent, lease, loan, sublicense, make copies, create derivative works from, distribute or provide others with any information, data, metrics, algorithms, source code, tools or products accessed by you at the PatentBoard.com web site or provided to you by ipIQ or The Patent Board, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation. Any derivative work created within the limits of this User Agreement which uses any information, material or content from ipIQ or the PatentBoard.com web site(s) must be accompanied by a clear designation of origin in at least 12 point typeface stating “Source: The Patent Board”. You, the User, hereby grant to ipIQ and PatentBoard.com a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare any derivative works created using any information, material or content from ipIQ or PatentBoard.com in any media formats and through any media channels. 3. Web Site Content Neither ipIQ nor PatentBoard.com are responsible for the completeness or accuracy of any data contained on the PatentBoard web site, including but not limited to the Patent Scorecard. In certain instances, users of the PatentBoard web site may add their own content to the site, as, for example, with annotations to shared work files, which may be accessed by other users. Such content is solely the responsibility of the party providing the content. ipIQ and PatentBoard.com are not responsible in any way for such data, and do not review such content in any way, including, without limitation, screening such content for the presence of computer viruses. 4. Links When using our web site(s), you may sometimes be linked to other web sites. These web sites are not operated by ipIQ or PatentBoard.com, and you may be required to agree to additional terms and conditions in order to access information or services from these web sites. 5. Registration In order to access certain portions of our site(s), gain access to certain databases and purchase the products and services available on our site(s), you must register with PatentBoard.com by completing an applicable registration form. If you do not register, you will not be able to access our site. By registering, you agree to comply with the terms and conditions of your registration form as well as the terms and conditions of this User Agreement. a. Eligibility Registration on our web site is limited to persons who are eligible to enter into contracts under applicable law. This means, among other requirements, you must be 18 years of age or older to be accepted as a registered User of our web site. If you do not meet these requirements, you cannot register on our web site. ipIQ and PatentBoard.com reserve the right to reject your application to become a registered User for any reason at any time. ipIQ and PatentBoard.com also reserve the right to permanently suspend User privileges and/or block access of any registered User who violates this User Agreement or any other term or condition of use, at any time, at the sole discretion of ipIQ or PatentBoard.com. b. Single User Identification When you register, you will be asked to create your own unique User ID which you will need in order to access certain portions of our web site. You agree that the User ID is only for your personal use, and you will not permit anyone else to use your User ID. You may not transfer your User ID to anyone else. c. Complete and Accurate Information You represent and warrant to ipIQ and PatentBoard.com that the information contained in your registration form is complete and accurate. It is your responsibility to keep registration information current at all times. 6. Privacy ipIQ and PatentBoard.com shall keep all information you provide to us confidential and private in accordance with our privacy policy. 7. Product and Service Fees ipIQ charges a fee for the use of certain products and services on our PatentBoard.com web site, including but not limited to the Patent Scorecard(s). You must closely safeguard your User ID, much like a credit card number, and you must immediately notify PatentBoard.com if it becomes compromised in any way, whether by theft, unauthorized duplication or otherwise. Subscriptions will be automatically renewed at the exclusive option of ipIQ and PatentBoard.com at the end of the contract term, if applicable to your purchase, until the subscription is cancelled by ipIQ, PatentBoard.com, or you. 8. Payments You agree to pay all fees for all products and services purchased using your User ID in advance of use. To protect your privacy, PatentBoard.com does not maintain specific records about your purchases. If any authority imposes a duty, tax, levy or fee on your use of the Services, you agree to pay that amount. You agree to pay a late fee of 1.5 percent per month (or the highest amount allowed by law, whichever is lower) if your payment is not received by the due date set in the invoice. You also agree to reimburse ipIQ and/or PatentBoard.com for all collection fees (including attorney's fees) incurred in efforts to collect any unpaid balance on your account. You are responsible for the selection of, use of and payment for any telecommunications, internet access, and other systems and services required for you to get access to our web site(s). If you receive an invoice from ipIQ or PatentBoard.com that you believe is not correct, please contact PatentBoard.com Customer Support at support@PatentBoard.com or info@ipIQ.com. 9. Indemnification You agree to defend, indemnify and hold harmless ipIQ and PatentBoard.com, and any of their directors, officers, agents and employees from and against any and all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of or related to (i) any breach by you of any term or condition of this Agreement or (ii) your engagement in any transactions on or use of our web site(s) including, without limitation, any disputes between you and another user or any other party and any other claims arising out of or in any way connected with any transactions conducted via our web site(s). If any such action shall be brought against any indemnified party, they shall notify you in writing and you shall assume and control the defense and settlement of each such action, including the employment of counsel and payment of all expenses. Any indemnified party shall have the right to employ separate counsel in any such action and participate in the defense, at their own cost unless otherwise agreed to by you. 10. Arbitration Any controversy or claim arising out of or relating to this Agreement or any ipIQ or PatentBoard.com services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Chicago, Illinois, and judgment on the arbitration award may be entered into any court having jurisdiction. Either you or ipIQ may seek any interim or preliminary relief from a court of competent jurisdiction in, and only in, Chicago, Illinois, necessary to protect the rights or property of you or ipIQ or PatentBoard.com pending the completion of arbitration. 11. Termination ipIQ or PatentBoard.com shall have the right at any time to change or discontinue any aspect or feature of the PatentBoard.com site(s). You may terminate your registration on our web site(s) at any time by providing written or email notice to ipIQ at the PatentBoard.com customer service address set forth on our web site. PatentBoard.com and ipIQ also reserve the right to terminate your registration at any time for any reason. All applicable provisions of the User Agreement will survive termination of this User Agreement. Upon termination, you will pay any outstanding fees to ipIQ and/or PatentBoard.com in full within thirty (30) days and honor all outstanding transactions negotiated via our web site(s). You may automatically receive newsletters and other communications from PatentBoard.com. If you prefer not to receive these communications, you can, at any time, cancel your account at your account management page or by contacting us by email at support@PatentBoard.com. 12. DISCLAIMER OF WARRANTIES ACCESS TO THE PATENTBOARD.COM WEB SITE AND ITS CONTENT, PRODUCTS AND SERVICES ARE PROVIDED "AS IS." IPIQ AND PATENTBOARD.COM DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, CONCERNING THE MERCHANTABILITY, QUALITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF OUR WEB SITE OR ITS CONTENT, PRODUCTS OR SERVICES. YOU ASSUME ALL RISK OF USE. NO WARRANTY IS GIVEN THAT THE SERVICES WILL BE ERROR-FREE, FREE OF VIRUSES OR UNINTERRUPTED. IPIQ AND PATENTBOARD.COM ARE NOT RESPONSIBLE FOR INVALID DESTINATIONS AND TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATIONS CARRIERS' OR OTHER PROVIDERS' FACILITIES. IPIQ AND PATENTBOARD.COM HAVE NO LIABILITY FOR FAULTY OR INTERRUPTED COMMUNICATION LINKS, OR EMAILS, NOR FOR THE CONTENTS OF ANY SUCH COMMUNICATIONS. IPIQ AND PATENTBOARD.COM MAKE NO REPRESENTATION WITH REGARD TO ANY LEVEL OF CONTACT THAT A BETA SUBSCRIBER CAN EXPECT OR WILL RECEIVE. YOU ACKNOWLEDGE THAT IPIQ AND PATENTBOARD.COM HAVE NO LIABILITY FOR ANY CONTENT. UNDER NO CIRCUMSTANCES WILL IPIQ OR PATENTBOARD.COM BE RESPONSIBLE FOR THE USE BY YOU OF, OR RESULTS ACHIEVED BY YOU FROM THE SERVICES OR ANY DATA ACCESSED THROUGH THE WEB SITE. 13. LIMITATION OF LIABILITY IPIQ AND/OR PATENTBOARD.COM SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCURRED ARISING OUT OF THE USE OR THE INABILITY TO USE THE SERVICE, OR OUT OF ANY BREACH OF A REPRESENTATION OR WARRANTY, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF IPIQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. EXCEPT FOR THE INDEMNIFICATION PROVISIONS IN PARAGRAPH 9, YOU SHALL NOT BE LIABLE TO IPIQ OR PATENTBOARD.COM FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED OR ACTUAL PROFITS OR BUSINESS. IN NO EVENT SHALL IPIQ OR PATENTBOARD.COM BE LIABLE FOR DAMAGES, FOR ANY CAUSE OR BASED ON ANY MATTERS ARISING FROM THIS AGREEMENT, IN EXCESS OF THE TOTAL AMOUNT PAID IN DURING THE PRECEDING TWELVE MONTHS OF SERVICE BY YOU TO IPIQ AND PATENTBOARD.COM UNDER THIS AGREEMENT. 14. General Compliance with Laws You agree to comply fully with all applicable laws, statutes, ordinances, rules and regulations, and agree not to use our web site to facilitate collusion or for any other conduct violating antitrust or other applicable laws. 15. Waivers and Remedies Any waiver by ipIQ or PatentBoard.com of the provisions of this Agreement or of ipIQ's rights or remedies under this Agreement must be in writing to be effective. Any waiver in a particular instance shall not constitute a waiver of the same or different rights or breaches in any other instance. Failure, neglect or delay by ipIQ to enforce the provisions of this Agreement or ipIQ's rights or remedies at any time will not be construed and will not be deemed to be a waiver of ipIQ's rights under this Agreement and will not prejudice ipIQ's right to take subsequent action. No exercise or enforcement of any right or remedy under this Agreement will preclude the enforcement of any other right or remedy under this User Agreement or that ipIQ or PatentBoard.com are entitled by law to enforce. 16. Notices In addition to posting a notice on its web site, PatentBoard.com or ipIQ may notify you by email, by facsimile or by certified mail, postage prepaid and return receipt requested, to the address(es) or facsimile number provided to PatentBoard.com during the registration process. In such case, notice shall be deemed given 1 day after being sent by email or facsimile or 3 days after the date of mailing. 17. Applicable Law and Jurisdiction This Agreement shall be governed and interpreted pursuant to the laws of the State of Illinois, United States of America, notwithstanding any principles of conflicts of law. If you take legal action relating to these terms, you agree that the state and/or federal courts located in the State of Illinois, County of Cook shall have the personal and exclusive jurisdiction of such action. If any part of this Agreement is deemed unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions. 18. Amendments and Modifications ipIQ and PatentBoard.com reserve the right, in their sole discretion, to supplement, modify or discontinue any aspect of our web site(s), including, without limitation, restricting the times or means of access to our web site. ipIQ and PatentBoard.com also reserve the right, in their sole discretion, to modify this Agreement in any manner and to adopt additional terms or conditions governing your access and use of our web site, and the terms and conditions related to the access and use of our web site, at any time, without prior notice. The terms of any such amendment to this User Agreement shall become effective immediately upon posting of such terms on our web site, and your use of our web site on or after such effective date shall constitute acceptance of such amended terms. 19. Third Party Beneficiaries All users on our PatentBoard.com web site(s) are intended third party beneficiaries of this User Agreement; all rights and benefits conferred by this User Agreement shall extend to such users and such users are independently entitled for enforce its provisions. You acknowledge that each other user is relying upon the representations made in this User Agreement. 20. Independent Contractors The relationship of ipIQ or PatentBoard.com with you is that of independent contractor, and no agency, partnership, joint venture, employment or other similar relationship is intended or created by your acceptance of the terms of this User Agreement or the use of our web site. 21. Entire Agreement This Agreement sets forth the entire understanding between ipIQ, PatentBoard.com and you with respect to the subject matter of this User Agreement and supersedes any previous and contemporaneous communications, representations, understandings and agreements, whether oral or written, between ipIQ and you with respect to said subject matter. 22. PatentBoard.com Customer Support Questions or problems regarding use of our web site(s) may be directed to PatentBoard.com in writing to ipIQ, Inc., Attn: PatentBoard.com Customer Support, 1 North LaSalle, 5th Floor, Chicago, Illinois 60602, USA, or support@PatentBoard.com.com. You agree that PatentBoard.com or ipIQ may keep records of the conversations that ipIQ and PatentBoard.com employees have with you in order to monitor the quality of PatentBoard.com's service and to ensure that the information needed is received. However, ipIQ's customer service employees are not authorized to waive any provision of this Agreement.

| Terms