Revised: May 30, 2023
These Terms and Conditions of Use (“Terms”) govern your use of the PowerPatent website (“Site”) and the services provided by PowerPatent.com (“PowerPatent,” “we,” “our,” or “us”). By accessing or using the Site and its services, you agree to be bound by these Terms. If you access the site on behalf of a law firm, company or other legal entity, you confirm that you have authority to bind such entity and its affiliates. If you do not agree to these Terms, you must not access or use the Site.
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Acceptance of Terms
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Use of the Site and Services
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Assumption of Risk
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POWERPATENT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, OR DATA, OR THE COST OF OBTAINING SUBSTITUTE PRODUCTS. THIS LIMITATION OF LIABILITY APPLIES TO CLAIMS BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER LEGAL THEORIES, REGARDLESS OF WHETHER POWERPATENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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Links to Third-Party Websites or Resources
The Site and Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
You agree to protect and defend PowerPatent and its affiliates against any claims, costs, proceedings, demands, losses, damages, and expenses (including attorney’s fees and legal costs) that arise from an actual or alleged breach of these Terms by you or anyone using your account. If we take charge of the defense in such a matter, you will cooperate with us reasonably.
Arbitration Agreement & Waiver of Certain Rights
You and PowerPatent agree that any disputes between us will be resolved through binding and final arbitration instead of court proceedings. Both parties waive the right to a jury trial for any claim. All disputes relating to these Terms or the Offerings will be submitted for binding arbitration according to the Rules of the American Arbitration Association (AAA Rules). The arbitration will be conducted by a single arbitrator, and their decision will be final and enforceable in any court of competent jurisdiction. The arbitration process will remain confidential, and disclosure of the proceedings will be limited, unless required by law or regulations.
If the costs of arbitration are shown to be prohibitively high compared to litigation costs, PowerPatent will pay the necessary administrative costs and arbitrator’s fees to prevent the arbitration from becoming unaffordable. The arbitrator has the authority to allocate the costs of arbitration and the compensation of the arbitrator among the parties as they see fit.
This arbitration agreement does not prevent you or PowerPatent from seeking action through government agencies. You and PowerPatent also retain the right to bring qualifying claims in small claims court. Additionally, you and PowerPatent can seek provisional relief, such as attachments or preliminary injunctions, from any court of competent jurisdiction, without waiving the right to have disputes submitted to arbitration as outlined in these Terms.
Neither you nor PowerPatent can act as a class representative or private attorney general, nor participate in a class or representative claim. Claims cannot be arbitrated on a class or representative basis. The arbitrator can only decide individual claims of you or PowerPatent and cannot consolidate or join claims of other individuals or parties.
If any provision of this section is deemed invalid or unenforceable, that specific provision will be severed and will have no effect, but the remainder of the section will remain in full force and effect. No waiver of any provision in this section will be effective unless it is recorded in writing and signed by the waiving party. Such a waiver will not waive or affect any other part of these Terms. This section will survive the termination of your relationship with PowerPatent.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO TAKE LEGAL ACTION IN COURT, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN CLASS OR REPRESENTATIVE CLAIMS, THE RIGHT TO DISCOVERY (EXCEPT AS PERMITTED BY AAA RULES), AND THE RIGHT TO CERTAIN REMEDIES. OTHER RIGHTS THAT YOU OR POWERPATENT WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
No Attorney-Client Relationship or Legal Advice
You acknowledge that any information communicated through the Site or Services does not create an attorney-client relationship, is not intended as a solicitation, does not convey legal advice, and is not a substitute for obtaining legal advice from a qualified attorney.
Modifications to these Terms
We may modify these Terms from time to time in our sole discretion. If we make changes to these Terms, we will provide you with notice of the modifications by email or by posting a notice on the Site. The date at the top of these Terms indicates the last revision. By continuing to access or use the Site or Services after we have provided you with notice of modifications, you are agreeing to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop using the Site and Services.
These Terms constitute the entire agreement between you and PowerPatent regarding the use of the Site and Services. The Terms will be governed by California laws without regard to its conflicts of laws principles. You agree to submit to the exclusive jurisdiction within Santa Clara County California to resolve any legal matter arising from the Terms. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without PowerPatent’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of these Terms shall be binding upon assignees.
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