Products, Services and Websites
The following terms govern the products and services provided to you by IPVision and your use of and access to the main IPVision website http://ipvisioninc.com (the "IPVision Website") and any information made available to you by IPVision directly or through the IPVision Website or the IPVision Advantage platform. Different or other terms may apply to our other websites, including http://see-the-forest.com, and our corporate and law firm project and subscription websites. These terms will also apply to the extent incorporated by reference in other written agreements that IPVision may have with you. These terms are effective as of March 1, 2010 and may be updated by IPVision from time to time by posting revised terms on the IPVision Website.
1. Permitted Uses
2. Registration and Information
In addition to the terms and conditions set forth herein, persons who
become Registered Users agree to be bound by the terms and conditions
specified in the registration form they submit.
3. Service and Product Fees. Certain IPVision services, reports and products are only available upon payment of an additional fee above and beyond the subscription access fees that apply to the IPVision Website or the IPVision Advantage platform. These additional fees, as well as other terms and conditions for each of these products and services, are set forth on the IPVision Website, or on the IPVision Advantage platform and are subject to change from time to time. Fees for specialized services or reports will be quoted to you directly on your request. Unless your employer has made separate arrangements for invoicing, IPVision will charge your credit card for any products or services you purchase. If you did not provide a credit card number during registration, then you must provide this information to IPVision in order to access these additional charged products and services. Your credit card will be charged for any purchases made using your UserID until such time as you notify IPVision in writing that your credit card has become compromised in any way, whether by theft, unauthorized duplication or otherwise. Upon receipt of such notification IPVision will deactivate your UserID and assign you a new UserID if appropriate. You are responsible for all charges incurred until your UserID is deactivated. Subscriptions paid by credit card will be automatically renewed at the end of the stated subscription term in 1-month increments, until you cancel your subscription (see "Termination"). If you are an organization that has entered into an IPVision Client Agreement that provides for usage of the IPVision Website or the IPVision Advantage platform by your Authorized Users or Project Access Authorized Users you agree to pay all additional charges, if any, incurred by such Users.
5. Data Sources. Our search and our analysis programs and our services are based on data we obtain from the United States Patent and Trademark Office (USPTO), foreign patent agencies and other sources which we believe to be reliable. However, it is known that there is a possibility of error in any data source. For example, it is known that there have been errors in the USPTO databases and that the USPTO does not supply data in electronic form for patents issued prior to 1976. Although we perform quality checks at regular intervals to help ensure conformity of our data with that of the USPTO and our other data sources, there can be no assurances that the data sets are complete or accurate. IPVision is not responsible for the content of third party data, nor for the completeness or accuracy of any such data.
6. Remedies for Errors. If you detect an error in any data or output supplied by IPVision, we will, as our sole obligation, re-run the analysis with corrected data, if reasonably available. If IPVision, in its sole discretion, decides that it is unable or inadvisable to re-run the analysis it may, as its sole and complete obligation, refund to you any amount you may have actually paid IPVision to perform the specific analysis in question.
7. DISCLAMER OF WARRANTIES. EXCEPT AS SET FORTH IN PARAGRAPHS NUMBERED 5 AND 6, ACCESS TO THE IPVISION Advantage PLATFORM AND ITS CONTENT, AND THE PROVISION OF IPVISION PRODUCTS AND SERVICES ARE ALL PROVIDED "AS IS." IPVISION DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, CONCERNING THE MERCHANTABILITY, QUALITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF THE IPVISION Advantage PLATFORM OR ITS CONTENT, OR OF ANY IPVISION PRODUCTS OR SERVICES. YOU ASSUME ALL RISK OF USE. NO WARRANTY IS GIVEN THAT THE SERVICES OR SYSTEMS WILL BE ERROR-FREE, FREE OF VIRUSES OR UNINTERRUPTED. IPVISION IS NOT RESPONSIBLE FOR INVALID DESTINATIONS AND TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATIONS CARRIERS' OR OTHER PROVIDERS' FACILITIES. IPVISION HAS NO LIABILITY FOR FAULTY OR INTERRUPTED COMMUNICATION LINKS. YOU ACKNOWLEDGE THAT SUBSTANTIAL AMOUNTS OF THE CONTENT OF THE IPVISION WEBSITE ARE PROVIDED BY THIRD PARTIES, AND IPVISION HAS NO CONTROL OVER, OR LIABILITY FOR ANY SUCH CONTENT. UNDER NO CIRCUMSTANCES WILL IPVISION BE RESPONSIBLE FOR THE USE BY YOU OF, OR RESULTS ACHIEVED BY YOU FROM THE IPVISION Advantage PLATFORM OR ANY IPVISION PRODUCTS OR SERVICES OR ANY DATA ACCESSED THROUGH THE IPVISION WEBSITE OR THE IPVISION Advantage PLATFORM. NO PERSON IS AUTHORIZED TO MAKE ANY OTHER WARRANTY OR REPRESENTATION CONCERNING IPVISION SYSTEMS SERVICES, DELIVERABLES OR PRODUCTS UNLESS AND UNTIL MADE IN A SINGLE WRITING THAT IS SPECIFICALLY APPROVED AND SIGNED BY IPVISION'S GENERAL COUNSEL.
8. LIMITATION OF LIABILITY.
NEITHER IPVISION NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD
PARTY FOR LOSS OF PROFIT, LOSS OF BUSINESS OR ANY DIRECT, SPECIAL,
INDIRECT, CONSEQUENTIAL, COLLATERAL OR INCIDENTAL DAMAGES INCURRED THAT
ARISE OUT OF THE USE OR THE INABILITY TO USE IPVISION PRODUCTS OR
SERVICES OR OTHERWISE, OR THAT ARISE 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 IPVISION HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE OR LOSS. EXCEPT FOR THE
INDEMNIFICATION PROVISIONS IN PARAGRAPH NUMBERED 11, YOU SHALL NOT BE
LIABLE TO IPVISION FOR LOSS OF PROFIT, LOSS OF BUSINESS OR ANY DIRECT,
SPECIAL, INDIRECT, CONSEQUENTIAL, COLLATERAL OR INCIDENTAL DAMAGES.
9. EXCEPTIONS TO EXCLUSIONS AND LIMITATIONS. Some states do not allow the exclusion or limitation of implied warranties or of incidental or consequential damages, so the above limitations may not apply to you. You may also have other rights which vary from state to state.
10. No Business or Legal Advice. While our analysts are experienced in intellectual property issues, we are neither patent lawyers nor do we render legal advice. We work with legal counsel and technical experts to assist in areas which are appropriate based upon our competencies. Analyses supplied by IPVision are designed to point out approaches, patterns or situations which our experience has shown may be of particular interest to business, technical and legal experts. IPVision through its services and the IPVision Advantage platform provides information and data to its clients. IPVision may provide recommendations but you acknowledge and agree that such recommendations and the information and data provided by or through the IPVision Advantage platform do not and will not constitute business or legal advice. IPVISION SPECIFICALLY DISCLAIMS ANY LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO ANY RELIANCE BY YOU OR ANY THIRD PARTY UPON ANY RECOMMENDATIONS, DATA OR INFORMATION PROVIDED BY IPVISION OR THE IPVISION ADVANTAGE PLATFORM AS CONSTITUTING BUSINESS OR LEGAL ADVICE.
11. Indemnity. You agree to defend, indemnify and hold harmless IPVision and its parent, subsidiaries, affiliates, officers, directors, partners, agents, consultants and employees (collectively, "IPVision Parties") harmless from and against any and all third party claims and all liabilities, damages, injuries, losses, costs, and expenses (including attorneys' fees) incurred by any IPVision Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, or copyright infringement arising out of: (i) any breach by you of any term or condition of this Agreement, (ii) your use of IPVision products or services, or (iii) your violation of the rights of any other person or entity relating to the IPVision Website and/or the IPVision Advantage platform. If any such action shall be brought against any IPVision Party, they shall attempt to notify you via email at the email address on file with IPVision at the time but the failure of any IPVision Party to so notify you shall not relieve you of your obligations hereunder. You shall assume and control the defense and settlement of each such action, including the employment of counsel and payment of all expenses. Any IPVision 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. IPVision reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
12. Links. When using the IPVision Website, the IPVision Advantage platform or any work product delivered to you by IPVision, you may sometimes be linked to other websites which are not operated by IPVision, e.g. the United States Patent and Trademark website (www.uspto.gov). When you link to these other websites you may be required to agree to additional terms and conditions in order to access information or services from these websites. If you access such third party websites you agree to be bound by such third party terms and conditions.
13. Intellectual Property. IPVision products and services are protected by issued patents and pending patent applications as well as copyright. The databases on the IPVision Advantage platform or otherwise used by IPVision are proprietary to IPVision or its suppliers. These databases shall remain the exclusive property of IPVision or its suppliers, and you agree that you have no rights therein other than the specific limited use permissions set forth herein. Elements of the IPVision Website and the IPVision Advantage platform are also protected by trademark, copyright, trade dress and other laws and may not be imitated in whole or in part on other websites or otherwise.
15. Force Majeure. IPVision shall not be responsible for any failure to perform, or delay in performance, in whole or in part, due to unforeseen circumstances or circumstances beyond IPVision's control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authority, communication line failures, fire, flood, accidents, strikes, or shortages of fuel, labor or materials.
16. Compliance with Laws. You agree to comply fully with all applicable laws, statutes, ordinances, rules and regulations, and agree not to use IPVision services, the IPVision Website or the IPVision Advantage platform to facilitate collusion or for any other conduct violating antitrust or other applicable laws.
17. Waivers and Remedies. Any waiver by IPVision of these terms and conditions or of IPVision's rights or remedies 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 IPVision to enforce any of these terms and conditions or IPVision's rights or remedies at any time will not be construed and will not be deemed to be a waiver of IPVision's rights and will not prejudice IPVision's right to take subsequent action. No exercise or enforcement of any right or remedy by IPVision under these terms and conditions will preclude the enforcement of any other right or remedy that IPVision is entitled by law to enforce.
18. Amendment or Modification. IPVision reserves the right, in its sole discretion, to supplement, modify or discontinue any aspect of IPVision services, the IPVision Website or the IPVision Advantage platform, including, without limitation, restricting the times or means of access. IPVision also reserves the right, in its sole discretion, to modify these terms and conditions in any manner and to adopt additional terms or conditions governing your access and use of IPVision services, the IPVision Website or the IPVision Advantage platform, at any time, without prior notice. Any such amendment to these terms and condition shall become effective immediately upon posting of such terms on the IPVision Website and/or the IPVision Advantage platform, and your use of IPVision services, the IPVision Website or the IPVision Advantage platform on or after such effective date shall constitute your acceptance of such amended terms.19. Termination.
(a) Self Registered Users. If you are a Self Registered User (i.e., a person who is not an Authorized User or Project Authorized User under an IPVision Client Agreement) then you may terminate your registration at any time by providing written or email notice to IPVision Customer Support as described below. IPVision also reserves the right to terminate your registration at any time for any reason by disabling your UserID and notifying you at your email address on file with IPVision. All of the applicable terms and conditions set forth herein will survive termination of your registration. Upon termination, you will pay any outstanding fees to IPVision in full within thirty (30) days and honor all outstanding transactions negotiated via the IPVision Website or the IPVision Advantage platform . If you are a Registered User who is not a paid subscriber and you have not logged into your account at any time for over six months, then IPVision reserves the right to terminate your registration, in which case IPVision will disable your UserID and terminate your account. To reactivate your account contact IPVision Customer Support. IPVision is not obligated to maintain usage logs, history, or customer files for accounts inactivated under this provision.
(b) Authorized Users and Project Authorized Users. If you are a Registered User by virtue of being an Authorized User or a Project Access Authorized User under an IPVision Client Agreement then your account may be terminated in accordance with the terms of the applicable IPVision Client Agreement. 20. Arbitration. Any controversy or claim arising out of or relating to these terms and conditions, the provision of any IPVision services, the IPVision Website or the IPVision Advantage platform 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 Boston, Massachusetts, and judgment on the arbitration award may be entered into any court having jurisdiction. Either IPVision or you may seek any interim or preliminary relief from a court of competent jurisdiction in the Eastern District (Boston) of Massachusetts necessary to protect the rights or property of IPVision or you pending the completion of arbitration.
21. Governing Law and Jurisdiction. These terms and conditions and the relationship between IPVision and you shall be governed by and construed in accordance with the laws of The Commonwealth of Massachusetts with the exception of its conflict of laws rules. You and IPVision agree to submit to the personal and exclusive jurisdiction of the courts located within the Eastern District (Boston) of Massachusetts. If any of these terms and conditions are deemed unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions.
22. IPVision Customer Support. Questions or problems regarding use of the IPVision Website or the IPVision Advantage Platform may be directed to IPVision Customer Support by writing to IPVision, Inc., Attn: Customer Support, Kendall Square @ MIT, One Broadway, Cambridge, MA 02142, USA, or by sending an email to firstname.lastname@example.org. You agree that IPVision may keep records of the conversations that IPVision employees have with you in order to monitor the quality of IPVision's service and to ensure that the information needed is received. However, you also agree that IPVision's customer service employees are not authorized to waive any of these terms and conditions.
23. Entire Agreement. These terms and conditions, together with any other written documents signed by IPVision and you that incorporate these terms and conditions by reference, set forth the entire understanding between IPVision and you with respect to the subject matter of our dealings and supersedes any previous and contemporaneous communications, representations, understandings and agreements, whether oral or written, between IPVision and you with respect to said subject matter.
For questions, please contact IPVision: email@example.com