- Terms of Service
Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you (“User”) agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. The Website is available only to individuals who are at least 13 years old.
- Select Patents Is A Law Office. However, Automated Filings Are Not Legal Advice Selectpatents.com is a website owned and operated by Select Patents and the Law Office of Attorney Ashkon Cyrus. Your use of Selectpatents.com does not create any attorney-client relationship between you and Select Patents or Ashkon Cyrus. Provisional patent applications are filed by Select Patents with only the material provided by the User. Patent searches are commissioned with only the material provided by the user. By accessing and using any automated filing or patent search on Select Patents the User understands that Select Patents does not offer legal advice.
- Attorney Consultation For Provisional; Fees; Payment. Select Patents offers a patent attorney consultation at User’s request for a fee of $390 a 1 hour consultation telephonically or in person at Attorney’s offices. This includes a custom drafted independent claim for the provisional application. No other or further work shall be undertaken by the attorney without a separate written retainer agreement and retainer payment for such work, and the scope of legal services will be limited to that described above. Should user elect this consultation before filing the provisional, user agrees to pay the $390 in addition to the $199 fee for the automated provisional filing and any fees paid to the United States Patent & Trademark Office (USPTO) ($65 for a micro entity).
- Automated Provisional Patent Filings. User agrees to give Select Patents the authority to file his or her provisional patent application based on the materials provided by the User. User agrees that Select Patents will not review the application for the adequacy of the disclosure. User agrees that the invention described herein has not been in use, on sale, or publicly disclosed for more than one (1) year. User agrees that Select Patents will not be modifying any materials provided by the User for purposes of filing the preliminary provisional patent application. Select Patents recommends consulting with a patent attorney to file a more detailed and subsequent provisional and/or utility patent application, at the earliest time and no later than 12 months from filing the first provisional patent application. User agrees that Select Patents may file any provisional patent application even if there is a conflict of interest, and waives any such conflict to insure that the application is filed in due course. User agrees and certifies that User has sought independent counsel on this issue. User hereby allows Select Patents to take any such acts as necessary to file a provisional patent application with the United States Patent and Trademark Office. Select Select Patents will have no obligation to provide a refund of any amounts previously paid for any automated filing.
- Responsibility of Website Visitors. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Select Patents disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Selectpatents.com links, and that link to Selectpatents.com. Select Patents does not have any control over those non-Select Patents websites and webpages, and is not responsible for their contents or their use. By linking to a non-Select Patents website or webpage, Select Patents does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Select Patents disclaims any responsibility for any harm resulting from your use of non-Select Patents websites and webpages.
- Copyright Infringement and DMCA Policy. As Select Patents asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Selectpatents.com violates your copyright, you are encouraged to notify Select Patents in accordance with Select Patents’ Digital Millennium Copyright Act (“DMCA”) Policy. Select Patents will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Select Patents will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Select Patents or others. In the case of such termination, Select Patents will have no obligation to provide a refund of any amounts previously paid to Select Patents.
- Intellectual Property. This Agreement does not transfer from Select Patents to you any Select Patents or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Select Patents. Select Patents, Selectpatents.com, the Selectpatents.com logo, and all other trademarks, service marks, graphics and logos used in connection with Selectpatents.com, or the Website are trademarks or registered trademarks of Select Patents or Select Patents’ licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Select Patents or third-party trademarks.
- Changes. Select Patents reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Select Patents may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Select Patents may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Selectpatents.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Select Patents if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Select Patents’ notice to you thereof; provided that, Select Patents can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. Select Patents and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Select Patents nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Select Patents, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Select Patents under this agreement during the twelve (12) month period prior to the cause of action. Select Patents shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Select Patents, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Select Patents and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Select Patents, or by the posting by Select Patents of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Los Angeles County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Los Angeles, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Select Patents may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Select Patents Law Office (“Select Patents“) operates Selectpatents.com and may operate other websites. It is Select Patents’ policy to respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, Select Patents collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Select Patents’ purpose in collecting non-personally identifying information is to better understand how Select Patents’ visitors use its website. From time to time, Select Patents may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Select Patents also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on Selectpatents.com blogs/sites. Select Patents only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
Gathering of Personally-Identifying Information
Certain visitors to Select Patents’ websites choose to interact with Select Patents in ways that require Select Patents to gather personally-identifying information. The amount and type of information that Select Patents gathers depends on the nature of the interaction. For example, we ask visitors who sign up at Selectpatents.com to provide a username and email address. Those who engage in transactions with Select Patents are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Select Patents collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Select Patents. Select Patents does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Select Patents may collect statistics about the behavior of visitors to its websites. Select Patents may display this information publicly or provide it to others. However, Select Patents does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
Select Patents discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Select Patents’ behalf or to provide services available at Select Patents’ websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Select Patents’ websites, you consent to the transfer of such information to them. Select Patents will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Select Patents discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Select Patents believes in good faith that disclosure is reasonably necessary to protect the property or rights of Select Patents, third parties or the public at large. If you are a registered user of an Select Patents website and have supplied your email address, Select Patents may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Select Patents and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Select Patents takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If Select Patents, or substantially all of its assets, were acquired, or in the unlikely event that Select Patents goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Select Patents may continue to use your personal information as set forth in this policy.