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The information provided on this Site is general in nature and is not meant to be a substitute for advice provided by an intellectual property practitioner. Applicants unfamiliar with the requirements of US patent, trademark, or copyright law and procedures should consult an attorney registered to practice before the United States Patent and Trademark Office. LLC is not a law firm nor is anyone at LLC acting as your attorney. This site and the information provided do not constitute legal advice, nor create an attorney-client relationship, and such information shall not be used as a substitute for the advice and counsel that may be required from an attorney. Instead, you are representing yourself in any legal matter you undertake without the assistance of an attorney. Inventors are also reminded that any public use or sale in the United States or publication of the invention anywhere in the world more than one year prior to the filing of a patent application will prohibit the granting of a U. S. patent. Foreign patent laws in this regard may be much more restrictive than U.S. law. THE RECORD OF INVENTION AND DISCLOSURE DOCUMENTS HEREIN ARE NOT A PATENT APPLICATION. THE DATE OF ITS DOCUMENTATION WILL NOT BECOME THE EFFECTIVE FILING DATE OF ANY SUBSEQUENTLY FILED PATENT APPLICATION.
In order to be authorized to make use of the Site you must be over the age of 18, accessing this Site from within the USA and possess the capacity to enter into binding contracts. You are only authorized to visit, view, and temporarily retain a copy of the public pages of this Site for personal use, and you shall not reproduce, prepare derivatives, download, publish, copy, collect or distribute the material on this Site for any commercial use, or for any purpose other than as expressly described in this Agreement. The content on this Site is for informational purposes only and you agree to confirm any facts that are important to your decision, including but not limited to ownership, protection, right, title and interest, quality, price, safety, references, license, insurance and any other information important to your decision. You shall not, frame, in-line or deep-link, or incorporate the content of the Site for any purpose, unless specifically authorized by LLC. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the terms and conditions of this Agreement. If you violate this Agreement, LLC may, in its sole discretion, terminate or suspend your use or membership herein, remove or modify any account-related information, deny access and ability to transact on this Site, or take any other action that LLC believes is appropriate. Use of the Site is void where prohibited.
In order to take advantage of certain features on the Site or products, you must register and voluntarily provide to LLC certain individually identifiable information, including but not limited to, name, address, zip code + extension, email address; in addition, any comments, ideas, improvements, suggestions, postings, uploads, input, feedback, comments, know-how, techniques, or other information you provide to LLC in connection with the use of the Site (collectively “Information”). You agree that any Information you provide shall not be or contain any of the following: any viruses or other computer programming routines that are intended to damage, detrimentally interfere with data or personal information; content that is illegal or violates any federal, state, or local law or regulation or the rights of any other person or entity; content creating liability for LLC or its suppliers; encrypted information; information that infringes any third party’s copyright, patent, trade secret, trademark or other intellectual property rights; (Restricted Content). You agree to comply with all applicable laws, statutes, ordinances and regulations regarding use of the Site, or when posting information. LLC reserves the right to report any wrongdoing to the applicable government agencies or otherwise. You are prohibited from posting any of the above Restricted Content, and providing such content, shall constitute a material breach of the Agreement.
Ownership of Information
By posting or submitting content or other Information you hereby represent and warrant that it is truthful, does not consist of Restricted Content and that you own all rights, and interest in the Information or otherwise exclusively control all of the rights to the Information you post or upload to the Site. With respect to Information you submit to the Site, you hereby grant LLC a non-exclusive, world-wide, royalty-free, perpetual, irrevocable, transferable and fully sublicensable right to use, distribute, reproduce, modify, adapt, prepare derivatives, publish, translate, transmit, publicly perform, publicly display, market, make, use, sublicense, and/or assign such Information (in whole or in part), to incorporate such Information into other works in any format or medium now known or later developed, and to identify you as the author by screen name, and including said rights in all copyrights, patent rights, and other intellectual property rights in such Information. Such Information shall be non-confidential and non-proprietary to you. LLC is under no obligation to pay any consideration or give credit to you for such Information and LLC is authorized by you to sublicense, transfer and/or assign Information you provide.
Use of Content & Information
All text, graphics, instructions, samples, forms, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, including, but not limited to, the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Site information (“Content”) contained on the Site including Information is owned, controlled or licensed by or to LLC, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. All Information provided by you and any Content relied on by you is at your own risk and sole responsibility, and not the responsibility of LLC. Before you act on any Content, information or engage the service or purchase products and/or services based on the Content provided by this Site, you should confirm any facts that are important to your decision, review quality of goods and services, check references, and perform all safety precautions and/or evaluations. The Content, information in the flow diagram is general in nature and is not meant to be a substitute for advice provided by an intellectual property practitioner. If you are unfamiliar with the requirements of US patent, trademark, or copyright law and procedures you should consult an attorney registered to practice before the United States Patent and Trademark Office. In addition, this Site and the information or Content provided, however, do not constitute legal advice and must not be used as a substitute for the advice and counsel that may be required from an attorney. You are also reminded that any public use or sale in the United States or publication of the invention anywhere in the world more than one year prior to the filing of a patent application will prohibit the granting of a U. S. patent. Foreign patent laws in this regard may be much more restrictive than U.S. law. THE RECORD OF INVENTION & DISCLOSURE DOCUMENTS HEREIN ARE NOT A PATENT APPLICATION AND DO NOT PROVIDE THE PROTECTION OF A PATENT AND THE DATE OF SUCH DOCUMENTATION WILL NOT BECOME THE EFFECTIVE FILING DATE OF ANY SUBSEQUENTLY FILED PATENT APPLICATION.
The Site may contain hyperlinks that reference or link to third party web sites outside of the Site or third party web sites may reference or link to this Site. Those links are provided as citations and aids to help you locate other Internet information that may be helpful or of interest, and are not intended to state or imply that LLC sponsors, or is affiliated or associated with, guarantees or is authorized to use any trade name, registered trademark, logo, or official seal, or copyrighted symbol that may be reflected in the links. LLC makes no representations, warranty or endorsements regarding the accuracy, condition, legality, quality, reliability, safety, security or truth of any content posted on those third party websites and the terms and conditions of this Agreement do not apply to said third party websites. LLC has no control over the content of any hyperlinked third party websites and shall have no obligation to review those sites’ content. Your linking to any other websites or use of this Site is at your own risk. You agree that you will evaluate and bear all risks associated with the use of any content, and that under no circumstances will LLC be liable for any loss, injury, claim, liability, or damage of any kind as a result of the use of any Information or Content made available through the Site, use of the Site, or any site linked to or from this Site, whether from error or omission in the content of this Site or any other linked sites, from the site being down, or from any other use of the Site.
Content on the Site is proprietary or is licensed to LLC. Except as expressly provided in this Agreement, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent of LLC. You may not use any method to intercept or expropriate any system data, information or Content from the Site without the express written permission of LLC. You shall not use any automatic device, or manual process to monitor or copy our web pages, the Content or Information contained herein without the prior expressed written permission of LLC. You hereby agree not to copy, reproduce, alter, modify, create derivative works, or publicly display any information or Content from our web site without the prior expressed written permission of LLC and/or the appropriate third party. You may not, and this Agreement does not give you permission to create derivative works, decompile, disassemble, modify, reproduce, reverse engineer or distribute the information or Content of this Site. You shall not frame, in-line or deep-link, or incorporate the content of the Site for any purpose, unless specifically authorized in writing by LLC. Certain content may be licensed from third parties and all such third party content and all intellectual property rights related to the content belong to the respective owner.
Membership/Purchase & License & Option
Should you proceed with the purchase by clicking Add to Cart (the “Purchase”) herein, then subject to the terms and conditions of this Agreement and upon payment of the fee, LLC hereby grants to you (one-user) a revocable, non-transferable, royalty-free, non-sublicenseable, non-exclusive, right to for to use, download, reproduce, distribute copies, prepare derivative works of Content made available in the private purchase area of Site solely for use in recording, evaluating, searching, marketing and/or promoting your ideas and invention (the “License”). You agree not to exchange your user identification, link and/or password with any third person or entity, or to grant any third party access to Content and/or the private purchase area of Site under any circumstances. Further, you agree not to transfer, exchange or transmit any Content to any third party for use in recording, evaluating, searching, marketing and/or promoting another parties invention. Such transfer is violation of the intellectual property of LLC. The licensed Content is, and remains at all times, the property of LLC. You have no right, title, or interest therein or thereto Content except as expressly set forth in this Agreement.
You acknowledge that the licensed Content and all documentation relating thereto provided by LLC hereunder are commercially valuable, proprietary products of LLC. The design and development of the Licensed Content reflect the effort of skilled development experts and the investment of considerable time and money that LLC entrusts to you in confidence to use and copy only as expressly authorized by this Agreement. You further acknowledge that LLC claims and reserves all rights and benefits afforded under federal copyright law in all licensed Content and documentation relating thereto. Any copying, modification, or distribution of these copyrighted works not expressly authorized by this Agreement is strictly forbidden.
Digital Signatures and Communications
You hereby agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You and LLC agree that any document or record, including this Agreement, which is transmitted or received by electronic transmission by or on behalf of either party, shall be treated as an original signed document. Accessing the Site constitutes acceptance of this Agreement by you. You agree that you shall not raise electronic transmission or electronic signatures as a defense to this Agreement or the binding nature thereof or in any matters related to the Agreement, and you agree to waive such defense.
This Site and its contents are the copyrighted property of LLC. The trademarks, service marks, and logos used and displayed on this Site are the registered and/or unregistered trademarks of LLC and others. Nothing on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any copyright or trademark displayed on the Site, or know-how, techniques, ideas and other intellectual property without the prior written permission of LLC. No portion of the content on this Site may be reprinted, republished, modified, or distributed in any form without the express written permission of LLC. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on this Site or its content. LLC reserves any and all rights not expressly granted by this Agreement with respect to the Site and its information and Content.
Disclaimer of Warranty
LLC DOES NOT PROMISE THAT THE SITE OR ANY INFORMATION, SERVICE, GOOD OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS AND LLC SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR SAME. YOUR USE OF, AND BROWSING IN, THIS SITE ARE AT YOUR OWN RISK. EVERYTHING ON THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS OR SUFFICIENCY FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY OR RELIABILITY OF CONTENT. NO ADVICE, CONTENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY A USER FROM LLC SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. LLC SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OR INFORMATION OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE, OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA, LOSS OF DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. THIS DISCLAIMER IS MADE TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST LLC FOR DISSATISFACTION WITH THE SITE OR ANY INFORMATION IS TO STOP USING THE SITE OR ANY SUCH INFORMATION. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
Limitation of Liability
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL LLC, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, JOINT VENTURES, MANAGERS, MEMBERS, OFFICERS, PARTNERS, REPRESENTATIVES, OR SHAREHOLDERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE CONTENTS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE, OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, INCLUDING DAMAGES FOR LOSS PROFITS, SALES, GOODWILL, INTELLECTUAL PROPERTY RIGHTS, REVENUE, USE OR DATA, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE. LLC ALSO ASSUMES NO RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE, WHETHER CAUSED BY COMPUTER VIRUSES OR OTHERWISE. YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES AND AGENTS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SITE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE USE OF THE SITE OR A PRODUCT PURCHASED HEREIN.
Notwithstanding the other provisions of this Agreement, if LLC is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site, Content or any Information, LLC’s liability shall in no event exceed the greater of (1) the total of any annual subscription, membership or similar fees with respect to any service or feature offered on the Site paid in the six months prior to the date of the initial claim made against, or (2) product purchase price. Some states and/or jurisdictions do not allow the limitations of liability, so the above disclaimer may not apply to you.
You agree to indemnify, defend and hold LLC, its affiliates, agents, directors, employees, joint ventures, managers, members, officers, partners, representatives, or shareholders harmless from and against any loss, liability, claim, or demand of any kind, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, including your use of the Site to provide a link to another site, to upload content or other information to the Site, or breach of any provision of this Agreement, or any intentional wrongdoing by you.
Governing Law and Choice of Forum
This Site resides on a server in Atlanta, Georgia, USA and this LLC operates its business in Atlanta, Georgia, USA. You agree that this Agreement and all matters relating to your access to or use of the Site are governed by and construed in accordance with the laws of the United States and by the laws of the State of Georgia, USA, exclusive of its choice of law rules and matters affecting, copyrights, trademarks, and patents under U.S. federal law. You hereby consent to the exclusive jurisdiction and venue of the federal and state courts, tribunals, agencies and other dispute resolution organizations in Fulton County, Atlanta, Georgia USA in all disputes relating to this Agreement, and hereby consent to the jurisdiction and venue of such court, the appropriate appellate courts therefrom and waive any objection to such jurisdiction or venue. Any claim under this Agreement or access to or use of the Site must be brought within six (6) months after the cause of action arises, or such claim or cause of action is barred. In any such action that LLC prevails, LLC shall be entitled to also recover legal fees and costs. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this Agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws.
In the event of any claim, dispute or controversy arising out of, relating to, or concerning this Site and/ or this Agreement the parties shall attempt, promptly and in good faith, to resolve any such dispute. If either party is unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
This Agreement, its amendments and any documents expressly incorporated by reference, contain the entire agreement between you and LLC with respect to this Site and your use of the Site and supersedes all prior communications, agreements and understandings, whether electronic oral or written, between you and LLC with respect to the subject matter of the Agreement. LLC will not accept any counter-offers to this Agreement, and all such offers are hereby categorically rejected. No failure, delay or any course of conduct by any party in exercising any right, power, or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise of any other right, power or privilege. Your continued use of the Site following the posting of changes and/or modifications to this Agreement will constitute your acceptance of the revised terms and conditions of this Site. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. If any term of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining terms hereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining terms shall remain in full force and effect. A printed version of this agreement and/ or of any notice given by LLC in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or your use of this Site, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by LLC in printed form. LLC may, at any time, assign its rights or delegate its obligations hereunder without notice to you. No provision of this Agreement is intended to or shall confer any rights, benefits, remedies, obligations, or liabilities upon any person or entity other than the parties hereto and their respective successors and permitted assigns. No person not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person not a party to this Agreement shall have any right to enforce any term of this Agreement. Use of this website does not constitute representation by counsel and does not create an attorney-client relationship.
© 2011 Inventor Start Kit, LLC. All Rights Reserved Worldwide. Inventor Start Kit ™ and other marks herein are trademarks of Inventor Start Kit, LLC or their respective owners.
By Mat Grell, Trademark Attorney