Terms of Use Agreement

PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE. 

This Terms of Use Agreement ("Terms of Use") is between you and The Intellectual Project, LLC. ("The

Intellectual Project"). Your use of this web site (including any extensions, applications or application plug-ins

thereof) (this "Web Site") signifies your agreement to follow and to be bound by these Terms of Use, and to

agree to comply with all applicable laws and regulations, including United States export and re-export control

laws and regulations. These Terms of Use include the terms and conditions set forth herein, The Intellectual

Project’s Privacy Policy and any other terms, notices, or policies incorporated by reference herein. In these

Terms of Use, the words “you” and “your” refer to each customer, Web Site visitor, or Application user, “we”,

“us” and “our” refer to The Intellectual Project, and “Services” refers to all services provided by us.

It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use

unacceptable or if you do not agree to these Terms of Use, please do not use this Web Site or any

part of it. We may revise these Terms of Use at any time without notice to you. If you have any questions

about these Terms of Use, please contact us and ask.

YOU AGREE THAT BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES YOU ARE AT

LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

These Terms of Use require the use of arbitration on an individual basis to resolve disputes, rather

than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

Please also refer to The Intellectual Project Privacy Policy which is expressly incorporated herein by this

reference.

Copyright © 2016 The Intellectual Project, LLC. All Rights Reserved.

PTODirect.com provides an online search and general information portal to give visitors a general

understanding of intellectual property and a search engine with an automated patent, trademark and

copyright display to simplify visitor access to finding specific patent, trademark and copyright information.

The Web Site includes some general information on commonly encountered intellectual property-related

issues. The Web Site also allows visitors to perform their own searches through the PTODirect databases

and information. At no time do we review your searches or search results for legal sufficiency or

completeness or accuracy, draw legal conclusions, provide legal advice, opinions or recommendations

about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the

facts of your particular situation. The Intellectual Project and PTODirect is not a law firm and may not

perform services performed by an attorney. The Intellectual Project, its Services, and any materials it

may provide are not a substitute for the advice or services of an attorney or a professional

intellectual property searcher.

The Intellectual Project strives to keep its databases accurate, current and up-to- date. However, because

the PTODirect databases rely upon the databases of others, particularly the United States Patent and

Trademark Office, and such databases change rapidly and are vast, The Intellectual Project cannot

guarantee that all of the information on the Web Site or Applications is completely accurate or current.

Furthermore, the information contained on the Site and Applications is not legal advice and is not

guaranteed to be correct, complete or up-to- date. Therefore, if you need legal advice for your specific

problem, or if you need assurances that the information you are viewing or reviewing is correct, up-to- date

and accurate, you should consult a licensed intellectual property attorney in your area.

From time to time, The Intellectual Project may perform certain attorney access services and introduce our

visitors to attorneys through various methods, including but not limited to (i) legal plans, (ii) third party

attorney directory listings, and (iii) third party limited scope agreements. At no time is an attorney-client

relationship fostered or created with The Intellectual Project through the performance of any such services.

Privacy of Personal Information. The Intellectual Project respects your privacy and permits you to control

the treatment of your personal information. A complete statement of our current Privacy Policy can be found

by clicking here.

When you open an account to use or access certain portions of the Web Site, you must provide complete

and accurate information as requested on the registration form. You will also be asked 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 The Intellectual

Project immediately of any unauthorized use of your account, user name or password. The Intellectual

Project shall not be liable for any losses you incur as a result of someone else's use of your account or

password, either with or without your knowledge. You may be held liable for any losses incurred by The

Intellectual Project, our affiliates, officers, directors, employees, consultants, agents and representatives due

to someone else's use of your account or password.

In connection with the use of certain The Intellectual Project products or services, you may be asked to

provide personal information in a questionnaire, application, form or similar document or service. This

information will be protected pursuant to our Privacy Policy. In addition, you grant The Intellectual Project a

worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify,

publish and translate this personal information solely for the purpose of enabling your use of the applicable

service. You may revoke this license and terminate rights held by The Intellectual Project at any time by

removing your personal information from the applicable service.

Web Site Ownership. This Web Site and Applications are owned and operated by The Intellectual Project.

All right, title and interest in and to the materials provided on this Web Site, including but not limited to

information, documents, logos, graphics, sounds and images (the "Materials") are owned either The

Intellectual Project or by our respective third party authors, developers or vendors ("Third Party Providers").

Except as otherwise expressly provided by The Intellectual Project, with the exception of the .pdf copies of

United States Patents and Published United States Patent Applications, none of the Materials may be

copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any

way and nothing on this Web Site shall be construed to confer any license under any of The Intellectual

Project’s intellectual property rights, whether by estoppel, implication or otherwise. The Intellectual Project

does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified

as being provided by The Intellectual Project. Any rights not expressly granted herein are reserved by The

Intellectual Project.

Trademark, Copyright and Other Rights – Use of Content. The Web Site and its contents are protected

by copyright, trademark and other applicable laws and international treaties. The Web Site’s Content is

protected under United States and International Copyright laws and all rights are reserved. Nothing on the

PTODirect Web Site or any other web site of The Intellectual Project should be construed as granting, by

implication, estoppel, or otherwise, any consent, waiver, license or right to use any patent right, trademark

right, copyright or other intellectual property or other legal right of The Intellectual Project or any third party.

Your use of this site indicates your acknowledgement that the Site contains information, photos, text,

graphics, images, or other material without limitation (collectively, "Content") that are protected by

copyrights, trademarks, trade dress or other proprietary rights, and that these rights are valid and protected

in all forms, media and technologies existing now or here after developed. All Content is copyrighted as a

collective work under the U.S. and International copyright laws, and The Intellectual Project owns a

copyright in the selection, organization, coordination, arrangement and enhancement of such Content.

Portions of the Content are individually copyrighted under U.S. and International copyright laws. The service

marks and trademarks identified and used on this site, including but not limited to The Intellectual Project

name and logo, the PTODirect name and logo, all The Intellectual Project related product names, design

marks and slogans are exclusively owned by The Intellectual Project as The Intellectual Project’s

trademarks service marks or registered trademarks of The Intellectual Project and are not licensed for any

other use. All other product and service marks appearing on the Web Site are trademarks of their respective

owners and may not be used without the prior express written consent of The Intellectual Project or their

owners, as the case may be. Use of the intellectual property of others without their express written

permission is strictly prohibited.

Limited Permission to Download. The Intellectual Project hereby grants you permission to download,

view, copy and print the Materials on any single, stand-alone computer solely for your personal,

informational, non-commercial use provided that (i) where provided, the copyright and trademark notices

appearing on any Materials not be altered or removed, (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, except for

authorized editing of downloadable forms for personal use. This permission terminates automatically without

notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you

agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials

contained on this Site or Applications may violate copyright laws, trademark laws, laws of privacy and

publicity and communications regulations and statutes. You may use the search results obtained from this

Web Site to sell a product or service provided appropriate reference is made to the PTO Direct Web Site

through links to the patents, trademarks and copyrights referenced and provided such product or service

does not compete with this Web Site or The Intellectual Project. PTO Direct was started to make everyday

searching and referencing of formal intellectual property references easier for attorneys, patent agents,

intellectual property professionals, companies, inventors and the general public. Use of hyperlinks directly to

particular records and search results on the PTO Direct domain is expressly permitted. However, you may

not take the search results obtained from this Web Site and reformat and display them other than as

provided through PTODirect tools, or mirror the PTO Direct home page or results pages on your Web Site.

If you want to make other commercial use of the search results obtained from this Web Site that is not

expressly permitted through this paragraph, you must obtain The Intellectual Project's prior express written

consent to do so. You may not use "bots" or similar methods or tools to "data mine" or otherwise gather or

extract data from this Web Site. Great cost and effort has been expended to gather and organize the data

included on this site. Without the prior express written consent of The Intellectual Project, you may not: (a)

display this Web Site in frames or utilize any other techniques to display only portions of this Web Site (or

any content on this Web Site); (b) use any meta tags or any other "hidden text" utilizing The Intellectual

Project's name or trademarks; or (c) use The Intellectual Project's domain name as a pseudonymous return

e-mail address for any communications that you transmit from another location or through another service.

You may not pretend to be someone else (i.e., "spoof" their identity) when using this Web Site. You agree

that you will comply with any security processes and procedures (such as passwords) specified by The

Intellectual Project with respect to access to or use of the Web Site. Further, you agree not to access or

attempt to access any areas of or through this Web Site that are not intended for general public access,

unless you have been provided with prior express written authorization to do so by The Intellectual Project.

You agree that you will not disrupt the functioning of this Web Site or otherwise act in a way that interferes

with other users’ use of the Web Site.

Linking and Third Party Sites. This Web Site may contain links to websites controlled by parties other than

The Intellectual Project (each a "Third Party Site"). The Intellectual Project works with a number of partners

and affiliates whose sites are linked with The Intellectual Project. The Intellectual Project may also provide

links to other citations or resources with whom it is not affiliated. The Intellectual Project 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 or any website accessed from a Third Party Site. The Intellectual Project makes no

guarantees about the content or quality of the products or services provided by such sites. You acknowledge

that you bear all risks associated with access to and use of content provided on a Third Party Site and agree

that The Intellectual Project is not responsible for any loss or damage of any sort you may incur from dealing

with a third party. You should contact the site administrator for the applicable Third Party Site if you have

any concerns regarding such links or the content located on any such Third Party Site.

Your Access / Failure to Comply Indemnification. The Intellectual Project reserves the right, in its sole

and absolute discretion, to terminate, suspend or restrict your access to this Web Site, unilaterally and

without notice, in the event you violate any of these Terms of Use or for any other reason. In addition, if

asked to do so, you agree that you will not attempt to access this Web Site. The Intellectual Project also

reserves any and all remedies at law or equity in connection with any violation of the Terms of Use by you.

You agree, at your own expense, to indemnify, defend and hold The Intellectual Project (and its subsidiaries,

officers, directors, agents, employees and third parties providing content on this Web Site) harmless from

and against any claim or demand, and all losses incurred, arising from or related to: (a) any violations of

these Terms of Use or any breach of your representations, warranties or covenants hereunder; (b) any virus,

Trojan horse, worm or other code that delays or disrupts the use of any software or computer that is directly

or indirectly linked to any Content provided by or through you; (c) any person's use of any Content provided

by you to The Intellectual Project; and (d) your use of (or conduct on) any Third Party Site (including, without

limitation, (i) any information, software or other material viewed or accessed by you on or through any Third

Party Site (including without limitation, any advertisement for products or services on any Third Party Site),

(ii) any transactions initiated or conducted by you on or through any Third Party Site (including, without

limitation, any taxes associated therewith and any use by third parties of your credit card information), (iii)

any products or services that you bid on, purchase or otherwise obtain on or through any Third Party Site

(including, without limitation, the quality, safety and legality of such products or services or the sale thereof),

or (iv) the conduct of sellers of any products or services that you bid on, purchase or otherwise obtain on or

through any Third Party Site).

Consent to Monitoring and Disclosure. The Intellectual Project is under no obligation to monitor the

information residing on or transmitted to this Web Site or The Intellectual Project's server. However, anyone

using this Web Site agrees that The Intellectual Project may monitor this site periodically and release such

information to: (a) comply with any necessary laws, regulations or other governmental requests; (b) operate

the server properly or to protect itself and its users; and (c) achieve other business purposes determined by

The Intellectual Project in its sole and absolute discretion. The Intellectual Project reserves the right to

modify, edit, reject or eliminate any information contained on this Web Site that it, in its sole and absolute

discretion, believes is unacceptable or in violation of this Agreement without prior notice.

Termination of Service. The Intellectual Project may modify or terminate this Web Site from time to time,

for any reason, with or without notice, without liability to you, any other user or any third party. Except as

otherwise required by law, any cause of action or claim you may have with respect to this Web Site must be

commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action will

be barred. If any portion of this Terms of Use Agreement is ruled invalid or otherwise unenforceable, it shall

be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any

invalid or unenforceable portion shall be construed as narrowly as possible in order to give effect to as much

of these Terms of Use as possible. No waiver of any breach of any agreement or provision of these Terms

of Use or any failure to assert any right or privilege contained in these Terms of Use shall be deemed a

waiver of any preceding or succeeding breach of any agreement or provision. You agree not to assign or

otherwise transfer this Terms of Use Agreement in whole or in part; any attempt to do so shall be void.

These Terms of Use (including all policies, notices and other terms incorporated herein by reference)

constitutes the entire agreement between you and The Intellectual Project with respect to this Web Site and

supersedes any and all prior or contemporaneous agreements whether written or oral.

DISPUTE RESOLUTION BY BINDING ARBITRATION. The Intellectual project and you agree to arbitrate

all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree

to arbitrate are intended to be broadly interpreted and includes, without limitation:

 claims arising out of or relating to any aspect of the relationship between us, whether based in contract,

tort, statute, fraud, misrepresentation, or any other legal theory;

 claims that arose before these or any prior Terms (including, but not limited to, claims relating to

advertising); and

 claims that may arise after the termination of these Terms.

For the purposes of this Arbitration Agreement, references to "The Intellectual Project," "we," and "us"

include our respective subsidiaries, affiliates, agents, employees, business partners, predecessors in

interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services

or products under these Terms or any prior agreements between us.

Any dispute with respect to this Agreement will be resolved by binding arbitration upon the written request of

any party to such dispute, with the arbitration to be conducted in Phoenix, Arizona, in accordance with the

rules of the American Arbitration Association. Judgment upon the award rendered by the arbitrator may be

entered in any court having jurisdiction over the matter or the parties. All costs, attorney and other

professional fees, and expenses relating to the arbitration will be allocated among the parties in accordance

with the determination made by the arbitrator. You may speak with independent counsel before using this

Web Site or completing any purchase.

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 The Intellectual Project should be addressed to: Notice of Dispute,

General Counsel, The Intellectual Project, LLC, 1255 W. Rio Salado Pkwy., Ste. 215, Tempe, Arizona 85281

(the "Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set

forth the specific relief sought ("Demand"). If The Intellectual Project and you do not reach an agreement to

resolve the claim within 30 days after the Notice is received, you or The Intellectual Project may commence

an arbitration proceeding. During the arbitration, the amount of any settlement offer made by The Intellectual

Project or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any,

to which you or The Intellectual Project is entitled. 

Reviews, Comments, Communications, and Other Content. At various locations on the Web Site or

through Applications, The Intellectual Project may permit visitors to post ratings, reviews, comments,

questions, answers, and other content (the "User Content"). Contributions to, access to and use of the User

Content is subject to this paragraph and the other terms and conditions of these Terms of Use.

The Intellectual Project is not the publisher or author of the User Content and takes no responsibility and

assumes no liability for any content posted by you or any third party. The Intellectual Property has the right

(but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more

appropriate location or otherwise change any User Content.

NO WARRANTY. THE WEB SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS

PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN

"AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE

INTELLECTUAL PROJECT 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.

THE INTELLECTUAL PROJECT MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE

MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, 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, APPLICATIONS, OR ANY

MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, 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, APPLICATIONS, OR IN RELIANCE ON

THE MATERIALS WILL MEET YOUR EXPECTATIONS.

OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT

YOUR OWN DISCRETION AND AT YOUR OWN RISK. THE INTELLECTUAL PROJECT SHALL HAVE NO

RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT

RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

THIS DISCLAIMER OF WARRANTY DOES NOT APPLY TO THE PURCHASE OF PRODUCTS OR

SERVICES BY NORTH CAROLINA CONSUMERS.

LIMITATION OF LIABILITY AND INDEMNIFICATION. EXCEPT AS PROHIBITED BY LAW, YOU WILL

HOLD THE INTELLECTUAL PROJECT 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), WHETHER IN AN ACTION OF CONTRACT,

NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS

AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR

PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY

FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF THE

INTELLECTUAL PROJECT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH

DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF THE

INTELLECTUAL PROJECT, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS

AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR

PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF

PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR

EXCLUSION MAY NOT APPLY TO YOU. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA

CONSUMERS.

Unsolicited Submissions. Except as may be required in connection with your use of The Intellectual

Project Services, the Intellectual Project does not want you to submit confidential or proprietary information

to us through this Site or any Applications. All comments, feedback, information or material submitted to The

Intellectual Project through or in association with this Web Site shall be considered non-confidential and The

Intellectual Project’s property. By providing such submissions to The Intellectual Project, you hereby assign

to The Intellectual Project, at no charge, all worldwide right, title and interest in and to the submissions and

any intellectual property rights associated therewith. The Intellectual Project 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 that you provide, including their legality, reliability, appropriateness,

originality and content.

Minors. Minors are not eligible to use the Site or Applications and we ask that they do not submit any

personal information to us.