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I. Terms of Service for the Services Provided at the
USPTO Examiners'
Website
1.
You understand and agree
that all services provided at the USPTO Examiners' website are provided to all users ("You" or "User" or, collectively, "Users")
exclusively under USPTO Examiners' Terms of Service ("Terms of Service" or "TOU"),
which may be updated by us from time to time without notice to you. You can review
the most current version of the TOU by checking this webpage.
2.
This Terms and Conditions
is a binding agreement between You and USPTO Examiners. If You do not agree to these
Terms and Conditions or otherwise comply or meet with its provisions, then You may
not use the USPTO Examiners’ website.
By using the USPTO Examiners’ website, You indicate that You agree to and accept
these Terms and Conditions. Your continued
use of the USPTO Examiners’ website indicates your acceptance and agreement to any
such change to these Terms and Conditions. You are agreeing to use the USPTO Examiners’
website at your own risk.
3.
USPTO Examiners reserves the right to terminate any User's access to USPTO Examiners’ website.
4.
You understand and agree that USPTO Examiners' services are provided "as is".
5.
USPTO EXAMINERS IS NOT ASSOCIATED
WITH THE UNITED STATES PATENT AND TRADEMARK OFFICE IN ANY WAY AND IS PROVIDED SIMPLY
AS AN INFORMATIONAL RESOURCE. INFORMATION
IS PROVIDED AS IS; NO GUARANTEES, WARRANTIES OR REPRESENTATIONS ARE MADE AS TO ITS
ACCURACY OR COMPLETENESS.
6.
USPTO Examiners may change,
alter, amend, modify, add or remove any of the provisions of these Terms and Conditions
and/or its services, postings, websites, bulletin boards, message boards, job site,
job listing, job posting, or any User's account with
or without notice to any User, without liability to any User or any third-party.
7.
You are responsible for maintaining the confidentiality of your account number and/or
password. You are responsible for all uses of your account, whether or not authorized
by You.
8.
The Terms of Service will be governed by and construed in accordance with the laws
of the District of Colombia,
without giving effect to its conflict of laws provisions
or your actual state or country of residence. Disputes arising from these Terms
of Service shall be exclusively subject to the Federal Courts of the United States
and/or the Courts of District
of Colombia and jurisdiction for such disputes shall rest
solely in District of
Columbia, USA.
9.
If for any reason a court of competent jurisdiction finds any provision or portion
of the Terms of Service to be unenforceable, the remainder of the Terms of Service
will continue in full force and effect.
10.
The Terms of Service will inure to the benefit of USPTO Examiners' successors,
assigns and licensees.
11.
The Terms of Service constitute the entire
agreement between You and USPTO Examiners with respect
to the subject matter hereof and supersedes and replaces all prior or contemporaneous
understandings or agreements, written or oral, regarding such subject matter.
II. Terms of Service for Bulletin Boards / Message Board
1.
Users alone are responsible for the contents of their Message Board postings and
the consequences of any such Message Board postings.
2.
You agree that you will not
use Message Board for chain letters, junk mail, "spamming,"
solicitations (commercial or non-commercial) or any use of distribution lists to
any person who has not given specific permission to be included in such a distribution.
You further agree not to use Message Board to post any message(s) or material(s) that are inappropriate, unlawful, harassing, libelous, abusive, threatening, harmful,
vulgar, obscene untruthful
or otherwise objectionable in any manner or nature or that encourage
conduct that could constitute a criminal offense, give rise to civil liability or
otherwise violate any applicable local, state, national or international law or
regulation.
3.
USPTO Examiners assumes no responsibility for the timeliness, mis-delivery, deletion, content,
or failure to store Message Board postings.
4.
You agree to use Message
Board only to send and receive messages and material that
are proper and related to the particular Message Board topic. By way of example,
and not as a limitation, you agree that when using a Message Board, you will not
do any of the following:
a.
Defame, abuse, harass, stalk, embarrass, threaten, cause distress or discomfort
upon a third party, another USPTO Examiners Message Board’s
participant or other individual or
group or otherwise violate the legal rights (such as rights of privacy and publicity)
of others;
b.
Publish, post, distribute or disseminate any libel, slanderous,
defamatory, infringing, vulgar, obscene,
indecent, racially or ethnically hateful, including that pertaining to sexual orientation,
or unlawful material or information;
c.
Upload files that contain software or other material protected by intellectual property
laws (or by rights of privacy of publicity) unless you own or control the rights
thereto or have received all necessary consents;
d.
Upload files that contain viruses, worms, corrupted files, or any other similar
software or programs that may damage the operation of another's computer;
e.
Advertise or offer to sell any goods or services, or conduct or forward surveys,
contests, or chain letters;
f.
Download any file posted by another user of a Message Board that you know, or reasonably
should know, cannot be legally distributed in such manner;
g.
Do not impersonate in USPTO Examiners Message Board any
person, group, or organization; or
h.
Do not post or transmit any unsolicited advertising, promotional materials, or
any other forms of solicitation in USPTO Examiners Message Board, except in those
areas that are designated for such a purpose. Do not intentionally or unintentionally
violate any applicable local, state, national or international law, including but
not limited to any regulations having the force of law, while using or accessing
USPTO Examiners Message Board or in connection with your use
of USPTO Examiners Message Board in any manner.
5.
You acknowledge that all Message Board postings are public and not private communications.
6.
USPTO Examiners reserves
the right for any reason to remove without notice any Message Board posting, but
has no obligation to delete, block, remove, move, alter or refuse any Content for
any reason, including, but not limited to violations of the terms of these Terms
and Conditions or content that you may
find objectionable or offensive.
7.
This site may contain links
to other websites which are completely independent
of this website. USPTO Examiners
is provided on an “As Is” bases without any warranties or guaranties of any kind,
express or implied. USPTO Examiners
makes no representation or warranty or representations whatsoever with respect to
the Content, services privacy practices, accuracy, completeness
or authenticity of the information or opinions contained in any such linked websites, and any link
to another website shall not in any manner be construed as an
endorsement of that
website by us or of the products or services described therein.
8.
Users of this website should not rely upon opinions expressed at this website
when making business, financial, personal, career, or other decisions.
Additionally,
we do not endorse the opinions of third-parties expressed on USPTO
Examiners’ website or linked websites.
9.
USPTO Examiners does not
monitor any areas of the USPTO Examiners’ website.
However, USPTO Examiners reserves the right to monitor some, all, or no areas of USPTO Examiners’ website, including Message Board and Job Board for adherence to the TOU or other rules that may be published
from time to time. You acknowledge that by providing you with the ability to distribute
your content, USPTO Examiners is acting as a passive conduit for such distribution
and USPTO Examiners is not undertaking any obligation or liability relating to
any content or activities in a topic area.
10.
By posting to a Message Board or Job Board you agree that USPTO Examiners can display, modify,
transmit, distribute or delete your posting without needing further permission from
you. USPTO Examiners does not edit postings and is not responsible for the content
of posted comments or images. Postings may be removed by USPTO Examiners at any
time at their sole discretion.
III. Disclaimers
and Warranties
1.
THE USPTO EXAMINERS’ WEBSITE
IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OR GUARANTIES OF ANY KIND, EXPRESS OR IMPLIED. USPTO EXAMINERS AND ITS AFFILIATES, TO THE FULLEST EXTENT PERMITTED
BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE AND FITNESS FOR A PARTICULAR
PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR
USAGE OF TRADE. USPTO EXAMINERS AND ITS AFFILIATES MAKE NO WARRANTIES ABOUT THE
ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OF THE USPTO EXAMINERS’ WEBSITE,
ITS CONTENT, OR INFORMATION PROVIDED AND/OR POSTED BY USERS ON THE USPTO EXAMINERS’
WEBSITE.
2.
USPTO EXAMINERS MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF USPTO EXAMINERS' WEBSITE, SERVICES, MESSAGE BOARD, JOB BOARD, REGARDING THE ACCURACY
OR RELIABILITY OF ANY INFORMATION POSTED ON OR OBTAINED THROUGH USPTO EXAMINERS'
WEBSITE, SERVICES, BULLETIN BOARDS, MESSAGE BOARD, JOB BOARD, REGARDING ANY GOODS
OR SERVICES PURCHASED OR OBTAINED THROUGH USPTO EXAMINERS’ WEBSITE, SERVICES, BULLETIN
BOARDS, MESSAGE BOARD, JOB BOARD, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH
USPTO EXAMINERS' WEBSITE, SERVICES, BULLETIN BOARDS, MESSAGE BOARD, JOB BOARD, OR
THAT USPTO EXAMINERS' SERVICES, BULLETIN BOARDS, MESSAGE BOARD, JOB BOARD, WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR FREE.
3.
USPTO EXAMINERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INFORMATION ON THE USPTO EXAMINERS’
WEBSITE, INCLUDING SERVICES, POSTINGS, BULLETIN BOARDS, MESSAGE BOARDS, JOB SITE,
JOB LISTING, JOB POSTING, THE ACCURACY OF THE INFORMATION ON THE USPTO EXAMINERS’
WEBSITE, INCLUDING SERVICES, POSTINGS, BULLETIN BOARDS, MESSAGE BOARDS, JOB SITE,
JOB LISTING, JOB POSTING, THE ACCURACY OF THE INFORMATION POSTED ON THE USPTO EXAMINERS’
WEBSITE, INCLUDING SERVICES, POSTINGS, BULLETIN BOARDS, MESSAGE BOARDS, JOB SITE,
JOB LISTING, JOB POSTING, OR THE INABILITY TO USE USPTO EXAMINERS' WEBSITE, INCLUDING
SERVICES, POSTINGS, BULLETIN BOARDS, MESSAGE BOARDS, JOB SITE, JOB LISTING, JOB
POSTING, RESULTING FROM ANY INFORMATION, GOODS OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH USPTO EXAMINERS' WEBSITE,
INCLUDING SERVICES, POSTINGS, BULLETIN BOARDS, MESSAGE BOARDS, JOB SITE, JOB LISTING,
JOB POSTING, RESULTING FROM THE INFORMATION PROVIDED OR POSTED BY THE USERS ON THE
SERVICES, POSTINGS, BULLETIN BOARDS, MESSAGE BOARDS, JOB SITE, JOB LISTING, JOB
POSTING, OR LIBEL OR SLANDER INFORMATION, COMMENTS WRITTEN, OR VOCALIZED SOUNDS
ON THE SERVICES, POSTINGS, BULLETIN BOARDS, MESSAGE BOARDS, JOB SITE, JOB LISTING,
JOB POSTING, OR LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S
TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES,
INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LIBEL AND/OR SLANDEROUS COMMENTS
ON A USER, NON-USER, AND/OR THIRD PARTY, USE, DATA OR OTHER INTANGIBLES,
EVEN IF USPTO EXAMINERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.
USPTO EXAMINERS AND ITS AFFILIATES
ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES
THAT MAY INFECT YOUR OR ANY OTHER COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT
OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE USPTO EXAMINERS’ WEBSITE, INCLUDING
SERVICES, POSTINGS, BULLETIN BOARDS, MESSAGE BOARDS, JOB SITE, JOB LISTING, JOB
POSTING, OR YOUR UPLOADING OR DOWNLOADING OF ANY DATA, TEXT, IMAGES, VIDEO, AUDIO
OR OTHER MATERIALS, FROM THE USPTO EXAMINERS’ WEBSITE, INCLUDING SERVICES, POSTINGS,
BULLETIN BOARDS, MESSAGE BOARDS, JOB SITE, JOB LISTING, JOB POSTING. IN NO EVENT
SHALL USPTO EXAMINERS, ITS AFFILIATES OR ANY THIRD-PARTY PROVIDERS OR DISTRIBUTORS
BE LIABLE FOR ANY DAMAGE, INJURY, LOSS, CLAIM, OR ANY SPECIAL, EXEMPLARY, PUNITIVE,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED
TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY,
OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (A) ANY USE OF
THE USPTO EXAMINERS’ WEBSITE, INCLUDING SERVICES, POSTINGS, BULLETIN BOARDS, MESSAGE
BOARDS, JOB SITE, JOB LISTING, JOB POSTING, OR CONTENT FOUND HEREIN, (B) ANY FAILURE
OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT
OF THIS), OR (C) THE PERFORMANCE OR NON PERFORMANCE BY USPTO EXAMINERS OR ANY THIRD-PARTY
PROVIDERS OR DISTRIBUTORS, INCLUDING, BUT NOT LIMITED TO, NON PERFORMANCE RESULTING
FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION EVEN IF
SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY
OTHER PARTY.
5.
You agree to indemnify, defend and hold harmless USPTO Examiners, its affiliates,
officers, directors, employees, consultants, contractors, and agents from any and all third-party
claims, liability, damages and/or costs (including, but not limited to, attorneys
fees) arising from your use of USPTO Examiners' website, including services, postings, bulletin boards,
message boards, job site, job listing, job posting, your use of tortuous conducts,
comments, postings, words, including but not limited to libel or slanderous comments,
made to another party through USPTO Examiners' website, including services, postings,
bulletin boards, message boards, job site, job listing, job posting, your violation of the
Terms of Service or your infringement, or infringement by any other user of your
account, of any intellectual property or other right of any person or entity.
6.
You understand and expressly
agree that your use of USPTO Examiners' website, including services, postings, bulletin
boards, message boards, job site, job listing, job posting, are at
your sole risk, that information posted, any material and/or data downloaded or otherwise obtained through
the use of USPTO Examiners' website, , including services, postings, bulletin
boards, message boards, job site, job listing, job posting is at your own discretion and risk and that You will be solely responsible for any damage to a third-party,
another user or nonuser due to the information You posted on the USPTO Examiners’
website, including services, postings, bulletin boards, message boards, job site,
job listing, job posting Job Board, bulletin boards, Message Board, any damage to your computer system or loss of
data that results from the download of such material and/or data.
IV. Confidentiality
YOUR CONFIDENTIAL USE OF THIS SITE CANNOT BE GUARANTEED BY US. WE SHALL NOT BE RESPONSIBLE
FOR ANY HARM THAT YOU OR ANY PERSON MAY SUFFER AS A RESULT OF A BREACH OF CONFIDENTIALITY WITH RESPECT TO YOUR USE OF THIS WEBSITE.
V. Limitation of Damages
In no event will we, our officers, employees, contractors, subcontractors, suppliers,
agents, affiliates, subsidiaries, successors or assigns be liable to any party for
any direct, indirect, special, punitive or other consequential damages for the content in this website, any use of this website, or use of any
other linked website, even if we are expressly advised
of the possibility of such damages. The term "damages" includes, without limitation,
attorney fees, any lost profits, compensatory damages from litigation arising from your use of the website,
business interruption and loss of programs or other
data on your information handling system.
VI. Ownership
1.
All rights, title and interest (including all copyrights, trademarks and other intellectual
property rights) in this website belong to us.
In addition, the names, images and
other indicia identifying our products and services are our proprietary marks. All other copyrights, trademarks and
other intellectual property rights referred to in this website belong to their respective owners.
2.
You agree that if you submit suggestions, ideas, comments
or questions or post any other information and Content on the USPTO Examiners’ website,
you grant USPTO Examiners and its affiliates a worldwide, non-exclusive, royalty-free,
perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute and display
such content in any form, media or technology. USPTO Examiners takes no responsibility
and assumes no liability for any Content posted or submitted by You.
VII. Linking to This Website.
Please feel free to link to this website. You may provide
links to this website provided:
1.
You do not remove or obscure the copyright notice, or other notices
on this website,
2.
You discontinue providing a link to this site if instructed
to do so by us.
VIII. Copyright
1.
In accordance with the Digital Millennium Copyright Act of 1998 (see the U.S. Government
Copyright Office Web page at http://lcweb.loc.gov/copyright/onlinesp),
we are providing the following statement.
2.
If you believe that your copyrighted work has been copied in a manner that constitutes
infringement, please provide USPTO Examiners' copyright agent (contact@usptoxaminers.com)
with the following
information:
a.
An electronic signature of the person who is authorized to act on behalf of
the owner of the copyright interest;
b.
A description of the location on the website of the material you claim is infringing;
c.
A description of the infringing material;
d.
A description of the copyrighted work you claim is being infringed;
e.
Your name, address, telephone number, and email address;
f.
A statement by you that you have a good faith belief that the work that you claim
is being infringed is protected by copyright and that its use is not licensed or
authorized by the copyright owner, its agent, or the law; and
g.
A statement by you, made under penalty of perjury, that the above information
in your notification to us is accurate, and that you are the copyright owner or
authorized to act on the copyright owner's behalf.
3.
Please note that any misrepresentation of material facts will subject the offending
party to claims for damages and attorneys’ fees.
USPTO Examiners' Copyright Agent:
Please contact:
contact us
IX. Miscellaneous
1.
The section titles contained in the TOU are for convenience only and have no
legal or contractual effect.
2.
Please report any violations of the TOU to the following
link:
contact us
X. Review of Communications
and Content
USPTO Examiners and its designees may (but are not required
to) review and monitor any information transmitted or received through the USPTO
Examiners’ website and shall have the right (but not the duty) to censor, remove,
edit, restrict or prohibit the transmission or receipt of any such information that
USPTO Examiners deems, in its sole discretion, inappropriate or in violation of
these Terms and Conditions. While monitoring and reviewing, the information may
be examined, recorded or copied, and your use of the USPTO Examiners’ website constitutes
your consent to such monitoring and review.
XI. Statutes of
Limitations.
You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising from or related to or these Terms
and Conditions or access or use of the USPTO Examiners’ website must be filed within
one (1) year after such claim or cause of action arose or accrued or be forever
barred.
XII. Injunctive
Relief.
You acknowledge that a violation or attempted violation
of any of these Terms and Conditions will cause such damage to USPTO Examiners as
will be irreparable, the exact amount of which would be difficult to ascertain and
for which there will be no adequate remedy at law. Accordingly, you agree that USPTO
Examiners shall be entitled as a matter of right to an injunction issued by any
court of competent jurisdiction, restraining such violation or attempted violation
of these terms and conditions by you, or your affiliates, partners, or agents, as
well as recover from you any and all costs and expenses sustained or incurred by
USPTO Examiners in obtaining such an injunction, including, without limitation,
reasonable attorney's fees. You agree that no bond or other security shall be required
in connection with such injunction.
XIII. Additional
Terms.
Additional terms and conditions may apply to purchases
of goods and services and other uses of portions of the USPTO Examiners’ website,
and you agree to abide by such other terms and conditions.
XVI. Waiver and
Severability.
The failure of USPTO Examiners’ website to exercise or
enforce any right or provision of these Terms and Conditions shall not constitute
a waiver of such right or provision. These Terms and Conditions shall be deemed
severable. In the event that any provision is determined to be unenforceable or
invalid, such provision shall nonetheless be enforced to the fullest extent permitted
by applicable law, and such determination shall not affect the validity and enforceability
of any other remaining provisions.
XV. Headings.
The headings used in these Terms and Conditions are included
for convenience only and will not limit or otherwise affect the terms and conditions
herein.
XVI. Entire Agreement.
These Terms and Conditions, together with any terms and
conditions incorporated herein or referred to herein constitute the entire agreement
between us relating to the subject matter hereof, and supersedes any prior understandings
or agreements (whether oral or written) regarding the subject matter, and may not
be amended or modified except in
writing or by making such amendments or modifications
available on the USPTO Examiners’ website.
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