These Terms and Conditions of Use govern the usage of the GetMeAPatent.com Website (the "Website") and its technology/the service it provides using software (collectively referred as the "System"). If the User of This Website and System ("You," or "Your"), for any reason, does not agree to the provisions listed herein, You cannot use this System and should exit immediately. Use of this System REQUIRES that You seek the services of outside/independent counsel, at Your own expense, before agreeing to these Terms and Conditions of Use.
By accessing and using the System User understands that Chhabra Firm, PC or its attorneys, employees, or agents (collectively, the "Firm") is not offering legal advice, but rather is providing an automated learning aid/tool for educational and /or informational purposes ONLY so that Users can learn about the Firm's perspective about the requirements, rules, and procedures of drafting and filing a U.S. Provisional Patent Application ("Application"). Use of this System comes with no express or implied warranties, and the Firm cannot guarantee that filing the document(s) generated by the System with the United States Patent and Trademark Office (USPTO) would result in a successful filing of the Application.
YOU FURTHER UNDERSTAND THAT THE CONTENTS OF THIS SYSTEM AND WEBSITE ARE ALSO NOT LEGAL ADVICE. YOU UNDERSTAND AND AGREE THAT THE CONTENTS PRESENTED WITHIN THIS SYSTEM ARE SIMILAR TO A FREE PRACTICAL WORKSHOP, PRESENTATION, BLOG POST, OR DOCUMENTATION THAT EDUCATES AND INFORMS THE GENERAL PUBLIC ABOUT THE FIRM'S PERSPECTIVE ON HOW USER SHOULD DRAFT A PATENT APPLICATION. YOU UNDERSTAND, BY USING THIS SYSTEM, THE FIRM IS NOT BINDING ITSELF IN AN ATTORNEY-CLIENT RELATIONSHIP WITH YOU. THE FIRM HAS, AND ASSERTS, NO CONTROL OVER THE INFORMATION YOU INPUT OR UPLOAD WITHIN THE SYSTEM TO GENERATE THE APPLICATION DOCUMENTS. THEREFORE, YOUR USAGE OF THIS SYSTEM IS BASED ON THE UNDERSTANDING AND AGREEMENT THAT FILING DOCUMENTS WITH THE USPTO WITHOUT THE SERVICES OF A LICENSED PROFESSIONAL MAY RESULT IN AN UNSATISFACTORY OR INSUFFICIENT FILING.
Simply because this System is economically motivated does not, in and of itself, mean that it is "commercial speech" subject to regulation by the State Bar as advertising. See Bolger v. Youngs Drug Products Corp. 463 U.S. 60, 66–68 (1983) and Kasky v. Nike, Inc. 27 Cal.4th 939, 956–962 (2002). The primary goal of this System is, and remains, to educate and inform You about the requirements, rules, and procedures of drafting and filing an Application, free of charge, with NO EXPECTATION that You will avail the Firm's services.
Notwithstanding the above, the Firm intends to follow California’s Rule of Professional Conduct regulating attorney advertising. Thus, You are hereby notified that this Website and System can be considered as attorney communication/ advertisement since the Firm offers its legal services through this System.
Although the Firm does not agree to represent You simply by Your usage this System, in good faith, it has taken affirmative steps to ensure all information You input or upload into this System related to the Application, including but not limited to, inventor information, invention and background details, documents, drawings, figures uploaded by You within the System (collectively, referred to as "Substantive Invention Information") remains confidential. Unless You opt for an optional paid review of the Application, the Firm will not view any Substantive Invention Information. Further, to prevent any potential misuse, Substantial Invention Information is automatically deleted by the System based on the following rules: (1) if documents related to an Application are not generated by You within 60 days from the initiation of a new application using the System; (2) 24-36 hours after successfully generation of the documents related to the Application by the System; or (3) if You manually delete the application prior to scheduled automatic deletion by the System. Deletion is permanent and an irrecoverable process; once information is deleted, there are no means to retrieve or recover it.
User Login Email Not Confidential And Cannot Be Deleted This System only requires an email and password to create an account. In this regard, the Firm does not consider Your login email address as confidential information. However, passwords are stored by the System in human non-readable encrypted form and always remain confidential to the User. Login information is stored separately from the Substantive Invention Information. Your account login email is used by the System for monitoring user activity using data generated by the System based on user actions that are logged by the System (the "Monitoring"). By using this System You agree to such Monitoring, and understand and acknowledge that Monitoring is important to protect and safeguard all Users, their Substantive Invention Information, and/or to prevent misuse or abuse of the System. You further understand that the Monitoring may result in additional security measures in case of abuse and/or misuse of the System which may result in temporarily or permanently disabling Your account. Monitoring does not involve or include any Substantive Invention Information, and is strictly performed using System generated data that is associated with Your login email.
Account deactivation: If You do not intend to use Your account, and to prevent any misuse, You may request deactivation of Your account by sending an email to [email protected] from the email address associated with Your login account. The Firm may request additional proof of identity at its discretion if it determines the situation reasonably warrants so. The Firm also expressly warrants that it will never sell, distribute, or use Your login email for any purpose unless required by law.
Requesting an attorney review (the "Review") using the System is an optional service provided to You by the Firm. If such a Review is requested, Firm may, at its discretion, agree to undertake Your representation You on a limited basis in which the Firm would further enhance Your education related to patent laws as further described herein. The Firm may refuse undertake such representation (and accordingly return a proportion of the funds You submitted).
As stated above, if the Firm agrees to undertake Your representation, it will be on a limited basis only. This section discloses the limits of such representation. The Review provided by the Firm for Users of the System solely consists of broad observations of the Application along with general recommendations. The Review does not include a patentability search. You also understand and agree that by availing a Review the Firm is not agreeing to represent You at the USPTO or file any document on Your behalf with the USPTO or any other entity.
The Review is not a statement or a guarantee that You have included all necessary information for the invention to eventually receive a patent, but rather is limited to advising whether all procedural aspects necessary to obtain an Application filing number, when and if the System generated Application documents are filed by You with the USPTO, are complete. While the Review will comment on how You have presented Your idea, and how the disclosure can be improved, the Firm will not provide any comments on the substance of Your Invention and You are solely responsible for the subject matter disclosed.The Firm's services offered through this System are on a flat fee basis that involves time restrictions. The fee of each service offered by the System is displayed prior to you availing that service. You understand and acknowledge that the first Review consists of up to two hours of time of a registered patent attorney or agent and each subsequent Review would consist of up to one and a half hour of time of a registered patent attorney or agent. You understand and acknowledge that each Review is limited to a single communication from the Firm related to the Application in which general guidance is sought. There will be no clarifications or discussions with You such as by telephone, email, facsimile or other communication means. However, You further understand and acknowledge that a more detailed review, or communications over email, phone, etc., by the Firm's personnel is available to You at each personnel's respective hourly billable rate which will be disclosed prior to Your availment of such service, when requested by You.
The Firm's limited representation does not inlcude filing any documents with the USPTO on Your behalf. The representation will not include determining whether You should file an assignment document, an information disclosure statement, or any other document which may be required depending on Your unique circumstances. By using this System You understand and agree that You are solely responsible for hiring or retaining independent counsel, at Your own expense, to assist You with determining the documents that You should file with the USPTO. Further, it is Your responsibility to timely file a non-provisional patent application within 12 months after the filing date of the Application. The Firm will NOT send You any reminder or notice to file the non-provisional patent application.
IF YOU DO NOT AGREE TO THE SCOPE OF OUR LIMITED REPRESENTATION, PLEASE DO NOT AVAIL OUR SERVICES OFFERED THROUGH THIS SYSTEM.
The Firm at its discretion may deny access to this System to anyone for any reason, without notice or explanation.
In the event an attorney-client relationship is established between You and the Firm, You agree and waive, to the maximum extent permitted by law: 1) any obligation to advise You of the firm's representation of Your business competitors or of other clients for whom we are preparing or prosecuting patent applications in the same, similar or related technology area; and 2) the right to disclosure of any relationships that individual firm lawyers may have with other clients or parties who could be affected by the firm's work for You. You agree that if the firm is made aware of a potential conflict of interest with You, the Firm will discontinue providing You any and all services it has agreed to provide on Your behalf.
Pursuant to applicable law, when You opt for our Review services, the payments You submit using this System are being directly deposited into an Interest On Lawyers Trust Account (IOLTA), a public service trust account, by our payment gateway. The Firm will withdraw the funds upon completion of the task without any additional notice to You, and any interest received on Your funds are either used by the bank as account fee or donated to the California State Bar. The Firm incurs the cost for any transaction fees charged by the gateway processor and the credit card issuing bank. Although using this System to generate Application documents does not incur any cost to You, the Firm will invoice You if You seek our assistance in using this System or any other service provided by the Firm.
Unless otherwise stated, the Firm and/or its licensors own the intellectual property rights in the Website and material on the Website. Subject to this license, all of these intellectual property rights are reserved. No claim is made by the Firm to any material You input into this System. You may view, download, and print pages from the Website for Your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You must not: republish material from this Website (including republication on another Website); sell, rent, or sub-license material from the Website; show any material from the Website in public; reproduce, duplicate, copy, or otherwise exploit material on this Website for a commercial purpose; edit or otherwise modify any material on the Website; or redistribute material from this Website (except for content specifically and expressly made available for redistribution).
You agree You will only use this System if You intend to generate an documents related to an Application. You agree not use this Website in any way that causes, or may cause, damage to the Website or take actions that can limit its availability or accessibility. You will not perform any activity or perform any action that can, directly or indirectly, for an unlawful illegal, fraudulent or harmful purpose or activity. You agree not to attempt to hack this System or gain unauthorized access to information not belonging to You. You will not engage in any activity that may compromise the confidentiality or any other user of the System. You understand that engaging in any unlawful activity can result in criminal prosecution against You.
You agree not use this Website to copy, store, host, transmit, send, use, publish or distribute any material that includes or links to any malicious computer software, including but not limited to, spyware, computer virus, Trojan horse, worm, keystroke logger or rootkit.
You agree not to conduct any Systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without our express written consent. You agree not use this Website to transmit or send unsolicited commercial communications. You agree not use this Website for any purposes related to marketing without our express written consent. You agree to provide truthful and accurate information. You agree and understand safeguarding Your account password is Your responsibility, and that the confidentiality of Your intellectual property can be comprised if You fail to safeguard Your account information. You agree not to submit any information that is known, or reasonably should have known to be misleading, false, an infringement of existing intellectual property, or that violates any statute, regulation, code, or law.
Access to certain areas of this Website is restricted. We reserve the right to restrict access to areas of this Website, or the entire Website, at our discretion. Your account may be disabled if You violate any of the conditions set-forth in this agreement. Further we reserve the right to disable any account without explanation, at our discretion.
Before we let You input information about Your invention, You will be asked to provide a legally binding certification agreeing to these terms and conditions along with other mandatory requirements. By providing such certification, You MUST permit us to capture Your name (as signature) IP Address, browser information, and/or operating System information which will be used in lieu of a place (location) of execution of the certification. We will never sell, use, or license any information collected by the use of this System, except when required to be in compliance with the law.
This Website is provided "as is" without any representations or warranties, express or implied. We make no representations or warranties in relation to this Website or the information and materials provided on this Website. We do not warrant the availability of this Website or the accuracy and truthfulness of any content provided by the Website. Nothing on this Website constitutes, or is meant to constitute, advice of any kind. If You require advice in relation to any legal matter You should consult an appropriate professional.
You are solely responsible for the completeness of disclosure of any and all information, personal or otherwise and warrants the completeness of the invention disclosure in the Application.
We will not be liable to You (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website: for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. Under no circumstance usage of this System binds the Firm responsible/liable to You, even if no Application documents were generated by the System, the documents were generated incorrectly or erroneously by the System, or if the documents generated by the System were not deemed satisfactory by You or an independent licensed patent professional. These limitations of liability apply even if we have been expressly advised of the potential loss. We offer no assurance of the success in Your securing a patent. We offer no assurance of the success in filing of the Application with the USPTO by the documents generated by the System. Patents may not be issued for any number of reasons; as the sole drafter of the subject matter in the application, You assume all responsibility for the outcome of Your application. Additionally, You agree that You are responsible for the truthfulness and veracity of all information You enter or upload using this System.
Nothing in this Website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this Website disclaimer will exclude or limit our liability in respect of any matter which it would be illegal or unlawful for the Firm to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this Website, You agree that the exclusions and limitations of liability set out in this Website disclaimer are reasonable. If You do not think they are reasonable, You must not use this Website and System.
You accept that, as a professional corporation, we have an interest in limiting the personal liability of the Firm's officers and employees. You agree that You will not bring any claim personally against our officers or employees in respect of any losses You suffer in connection with the Website. Without prejudice to the foregoing paragraph, You agree that the limitations of warranties and liability set out in this Website disclaimer will protect our officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as the Firm.
If any provision of this Website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Website disclaimer.
You hereby indemnify the Firm and undertake to keep the Firm indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by the Firm to a third party in settlement of a claim or dispute on the advice of the Firm legal advisers) incurred or suffered by the Firm arising out of any breach by You of any provision of these terms and conditions, or arising out of any claim that You have breached any provision of these terms and conditions.
Without prejudice to our other rights under these terms and conditions, if You breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending Your access to the Website, prohibiting You from accessing the Website, blocking computers using Your IP address from accessing the Website, contacting Your internet service provider to request that they block Your access to the Website and/or bringing court proceedings against You.
We may revise these Terms and Conditions of use from time-to-time. Revised terms and conditions will apply to the use of this Website from the date of the publication of the revised terms and conditions on this Website. Please check this page regularly to ensure You are familiar with the current version.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying You or obtaining Your consent.
If any concern about our service should arise, You agree to notify us immediately. We will endeavor to resolve any disagreement in a fair and amicable manner. If it is not possible to resolve a disagreement ourselves, then each of us hereby agrees that all disputes or claims between us of any nature whatsoever, including but not limited to those relating to fees, costs, charges, the quality or appropriateness of our services, the System or the Website, and claims of malpractice or breaches of fiduciary or non-fiduciary duties, shall be resolved by confidential binding arbitration. In that case the following rules shall apply: (1) The arbitration shall be conducted by the Judicial Arbitration and Mediation Services ("JAMS") in the state of California, in the county of San Francisco. (2) The arbitrator shall decide all disputes in accordance with JAMS's rules and in accordance with the laws of the state of California, and shall have power and obligation to decide all matters submitted to him/her, including arbitrability and legal questions raised by pleading or summary judgment motions. (3) The arbitrator shall allow sufficient discovery to enable You and the Firm to present their cases, but shall be mindful of the mutual desire to avoid the expense of broad discovery typically allowed in civil litigation. (4) Any award issued through arbitration may be appealed by either party to the JAMS Private Appeals Board. The JAMS Private Appeals Board constitutes a continuation of the arbitration process. User and the Firm understand that no appeal to a court of law is permitted, except insofar as the law provides for very limited judicial review of arbitration awards. Such review typically excludes any substantive review of the arbitration award, because the point of arbitration is to resolve disputes in a more efficient and quicker manner than litigation in court.(5) When the arbitration decision is final, judgment on that decision may be entered in any court having jurisdiction thereof.
Any controversy, claim or dispute arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate (except at the option of either party for any application for injunctive relief) shall be finally settled by arbitration in the County of San Francisco, California under the rules of the American Arbitration Association (AAA) before a panel of arbitrator(s) and judgment upon the award rendered may be entered in any court having jurisdiction. In this regard, the parties submit to the personal subject matter jurisdiction of San Francisco County, in the State of California. The arbitration provisions of this Section shall be interpreted according to, and governed by, the Federal Arbitration Act, and any action to enforce any rights hereunder shall be brought exclusively in the U.S. District Court for the Northern District of California.
By agreeing to arbitration, You acknowledge that the Firm's desire for arbitration is an issue on which the interests of the Firm and You may diverge, either now or in the future. Prior to agreeing to these conditions, You should therefore consider whether You are willing to give up full discovery, the right to trial by a jury or by a full-time sitting judge, and the right to a full appeal on the merits of the case. You should then balance the potential benefits of arbitration against these potential burdens. YOU SHOULD CONSULT WITH INDEPENDENT COUNSEL BEFORE DECIDING WHETHER OR NOT TO AGREE TO ARBITRATION. By using this System You are providing Your consent to arbitration. If You do not agree, please do not use this System.
BY USING THIS SYSTEM EACH PARTY HERETO KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT TO A TRIAL BY JURY OF ANY DISPUTE RELATING TO THIS AGREEMENT AND AGREES THAT ANY SUCH ACTION SHALL BE ADJUDICATED BY AN ARBITRATOR AND WITHOUT A JURY.
Fee disputes may first be submitted to the California State Bar's program for such matters pursuant to California Business and Professions Code section 6200 et seq. If a fee dispute arises, we will provide You with information about these programs at Client's request. If the State Bar panel declines to hear a fee dispute, or if either party wishes to reject the State Bar panel's decision on any fee dispute, then instead of any right to trial, that dispute will be resolved by private arbitration by the Judicial Arbitration and Mediation Services ("JAMS") as set forth above. You and the firm both understand and waive the rule in Alternative Systems, Inc. v. Carey, 67 Cal. App. 4th 1034 (1998) (attorney and client cannot agree to arbitrate fee disputes until a dispute has arisen). If that rule is applied to any fee dispute between us, we agree that the remainder of this arbitration agreement will remain in effect and should be enforced with respect to all other disputes or claims.
The parties may mutually agree upon any procedure for appointing the arbitrators and shall inform the JAMS administrator as to such procedure; however, if all of the parties have not mutually agreed on a procedure for appointing the arbitrators or have not mutually agreed on the designation of the arbitrators within forty-five (45) days after the commencement of the arbitration, each side shall have the option to select one (1) arbitrator, and the JAMS administrator shall unilaterally appoint and designate the presiding arbitrator to complete the three (3) arbitrator panel. If a party fails to file a statement of defense within the time established by the tribunal without showing sufficient cause for such failure, as determined by the tribunal, or if a party, duly notified, fails to appear at a hearing without showing sufficient cause for such failure, as determined by the tribunal, the tribunal may proceed with the arbitration; or if a party, duly invited to produce evidence or take any other steps in the proceedings fails to do so within the time established by the tribunal without showing sufficient cause for such failure, as determined by the tribunal, the tribunal may make the award on the evidence before it.
The arbitrators may, in the Award, allocate all or part of the costs of the arbitration, including the fees of the arbitrators and the reasonable attorneys' fees of the prevailing party. Notwithstanding the foregoing, in any dispute concerning attorneys' fees, charges, costs, or expenses incurred are subjected to the jurisdiction of the State of California.
This agreement will automatically be e-mailed to You upon completion of the certification process upon initiation or creation of an application in the System, prior to Your inputting any substantive information related to Your invention.
You are advised that You SHOULD have an independent lawyer of Your choice, at Your own cost and expense, to review these arbitration provisions, and this entire Agreement, prior to using this System. By using this System past the initial certification page, You confirm that they have read and understand the paragraphs in this Agreement, and You voluntarily agree to these provisions. In doing so, You voluntarily give up important constitutional rights to trial by judge or jury, as well as rights to appeal.
(a) This Agreement is agreed to voluntarily and without any duress or undue influence on the parties or their officers, employees, agents or attorneys.
Neither party is relying upon any inducements, promises or representations not contained herein made by the other party or any of its officers, employees, agents or attorneys. The parties hereto acknowledge that they have been represented by counsel, that they have had this
Agreement fully explained to them by such counsel, and that they are aware of its contents and of its legal effect.
(b) Any provision of this Agreement which is invalid, illegal or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective only to the extent of such invalidity, illegality or unenforceability, and shall not in any manner affect the remaining provisions hereof in such jurisdiction or render any other provision of this Agreement invalid, illegal or unenforceable in any other jurisdiction.
(c) This Agreement shall be governed by and interpreted in accordance with the laws of the state of California, in the county of San Francisco.
(d) This Agreement contains the entire agreement between the parties as to the subject matter hereof and cannot be modified or amended.
(e) No party has heretofore assigned, transferred, granted, or purported to assign, transfer or grant, or by operation of law been required to assign, transfer or grant, any of the claims, counterclaims and defenses disposed of by this Agreement.
(f) Each party represents that it has the right, power and authority to execute this Agreement and to thereby become bound by this Agreement and each of the obligations imposed hereby.
(g) The Firm and/or Attorneys are not responsible for any undelivered email correspondence or messages sent to You.
(h) These terms and conditions are not negotiable. If You do not agree with these terms and conditions of use, please exit this Website immediately and do not use the System.
THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE TO THEM, AS OF THE DATE THE SYSTEM AUTOMATICALLY GENERATES AN APPLICATION NUMBER TO WHICH THE USER CAN INPUT DATA RELATED TO THE INVENTION. IF MORE THAN ONE USER AGREES, EACH AGREES TO BE LIABLE JOINTLY AND SEVERALLY FOR ALL OBLIGATIONS UNDER THIS AGREEMENT.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions constitute the entire agreement between User and Firm in relation to use of this Website and System, and supersede all previous agreements in respect of Your use of this Website and System, unless a previous agreement incorporates these terms and conditions, in which case that agreement would be binding.
These terms and conditions will be governed by and construed in accordance with the State of California, United States of America, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts in San Francisco County in the State of California. All parties who use this Website and System agree to binding arbitration as specified herein in San Francisco County for the resolution of any and all disputes with the Firm, except as required by California Law as it applies to the resolution of any attorney fees disputes. In case arbitration is not determined appropriate for any dispute, each party submits to exclusive personal jurisdiction of the State of California, United States of America, and agrees that the County of San Francisco will be the proper forum and venue. BY USING THIS SYSTEM YOU AGREE THAT THIS CHOICE OF FORUM IS CONVENIENT AND YOU WAIVE ANY OBJECTION TO THE SUBMISSION TO SUCH JURISDICTION AND VENUE.