USPTO EXAMINERS

TERMS AND CONDITIONS FOR USE OF JOB BOARD

I. Terms of Service for the Services Provided at the USPTO Examiners' Job Posting Website

1.         You understand and agree that all services provided at the USPTO Examiners' Job Board webpage/website, including Post Jobs, Post Resumes, Job Site, Job Listing, Job Post, Search Jobs (herein after “USPTO Examiners” or "USPTO Examiners’ website”) provided to all users ("You" or "User" or, collectively, "Users") exclusively under USPTO Examiners' Terms of Service for Job Board ("Terms of Service" or "TOU"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOU by checking this USPTO Examiners’ webpage.

2.         This Terms and Conditions is a binding agreement between You and USPTO Examiners. If You do not agree to these Terms and Conditions or otherwise comply or meet with its provisions, then You may not use the USPTO Examiners’ website.  By using the USPTO Examiners’ website, You indicate that You agree to and accept these Terms and Conditions.  Your continued use of the USPTO Examiners’ website indicates your acceptance and agreement to any such change to these Terms and Conditions. You are agreeing to use the USPTO Examiners’ website at your own risk.

3.            USPTO Examiners reserves the right to terminate any User's access to USPTO Examiners’ website.

 

4.         You understand and agree that USPTO Examiners' services are provided "as is".

5.            USPTO EXAMINERS IS NOT ASSOCIATED WITH THE UNITED STATES PATENT AND TRADEMARK OFFICE IN ANY WAY AND IS PROVIDED SIMPLY AS AN INFORMATIONAL RESOURCE.  INFORMATION IS PROVIDED AS IS; NO GUARANTEES, WARRANTIES OR REPRESENTATIONS ARE MADE AS TO ITS ACCURACY OR COMPLETENESS.

6.            USPTO Examiners may change, alter, amend, modify, add or remove any of the provisions of these Terms and Conditions and its Job Board website, services, or any User's account with or without notice to any User, without liability to any User or any third-party.

 

7.         You are responsible for maintaining the confidentiality of your account number and/or password. You are responsible for all uses of your account, whether or not authorized by You.

 

8.         The Terms of Service will be governed by and construed in accordance with the laws of the District of Colombia, without giving effect to its conflict of laws provisions or your actual state or country of residence. Disputes arising from these Terms of Service shall be exclusively subject to the Federal Courts of the United States and/or the Courts of District of Colombia and jurisdiction for such disputes shall rest solely in District of Columbia, USA.

 

9.                  If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

 

10.              The Terms of Service will inure to the benefit of USPTO Examiners' successors, assigns and licensees.

 

11.              The Terms of Service constitute the entire agreement between You and USPTO Examiners with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

 

II. Disclaimers and Warranties

 

1.                  THE USPTO EXAMINERS’ WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OR GUARANTIES OF ANY KIND, EXPRESS OR IMPLIED. USPTO EXAMINERS AND ITS AFFILIATES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. USPTO EXAMINERS AND ITS AFFILIATES MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OF THE USPTO EXAMINERS’ WEBSITE, ITS CONTENT, OR INFORMATION PROVIDED AND/OR POSTED BY USERS ON THE USPTO EXAMINERS’ WEBSITE.

 

2.                  USPTO EXAMINERS MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF USPTO EXAMINERS' WEBSITE, SERVICES, MESSAGE BOARD, JOB BOARD, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION POSTED ON OR OBTAINED THROUGH USPTO EXAMINERS' WEBSITE, SERVICES, BULLETIN BOARDS, MESSAGE BOARD, JOB BOARD, REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH USPTO EXAMINERS’ WEBSITE, SERVICES, BULLETIN BOARDS, MESSAGE BOARD, JOB BOARD, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH USPTO EXAMINERS' WEBSITE, SERVICES, BULLETIN BOARDS, MESSAGE BOARD, JOB BOARD, OR THAT USPTO EXAMINERS' SERVICES, BULLETIN BOARDS, MESSAGE BOARD, JOB BOARD, WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

 

3.                  USPTO EXAMINERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INFORMATION ON THE USPTO EXAMINERS’ WEBSITE, INCLUDING SERVICES, POSTINGS, BULLETIN BOARDS, MESSAGE BOARDS, JOB SITE, JOB LISTING, JOB POSTING, THE ACCURACY OF THE INFORMATION ON THE USPTO EXAMINERS’ WEBSITE, INCLUDING SERVICES, POSTINGS, BULLETIN BOARDS, MESSAGE BOARDS, JOB SITE, JOB LISTING, JOB POSTING, THE ACCURACY OF THE INFORMATION POSTED ON THE USPTO EXAMINERS’ WEBSITE, INCLUDING SERVICES, POSTINGS, BULLETIN BOARDS, MESSAGE BOARDS, JOB SITE, JOB LISTING, JOB POSTING, OR THE INABILITY TO USE USPTO EXAMINERS' WEBSITE, INCLUDING SERVICES, POSTINGS, BULLETIN BOARDS, MESSAGE BOARDS, JOB SITE, JOB LISTING, JOB POSTING, RESULTING FROM ANY INFORMATION, GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH USPTO EXAMINERS' WEBSITE, INCLUDING SERVICES, POSTINGS, BULLETIN BOARDS, MESSAGE BOARDS, JOB SITE, JOB LISTING, JOB POSTING, RESULTING FROM THE INFORMATION PROVIDED OR POSTED BY THE USERS ON THE SERVICES, POSTINGS, BULLETIN BOARDS, MESSAGE BOARDS, JOB SITE, JOB LISTING, JOB POSTING, OR LIBEL OR SLANDER INFORMATION, COMMENTS WRITTEN, OR VOCALIZED SOUNDS ON THE SERVICES, POSTINGS, BULLETIN BOARDS, MESSAGE BOARDS, JOB SITE, JOB LISTING, JOB POSTING, OR LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LIBEL AND/OR SLANDEROUS COMMENTS ON A USER, NON-USER, AND/OR THIRD PARTY, USE, DATA OR OTHER INTANGIBLES, EVEN IF USPTO EXAMINERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

4.                  USPTO EXAMINERS AND ITS AFFILIATES ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR OR ANY OTHER COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE USPTO EXAMINERS’ WEBSITE, INCLUDING SERVICES, POSTINGS, BULLETIN BOARDS, MESSAGE BOARDS, JOB SITE, JOB LISTING, JOB POSTING, OR YOUR UPLOADING OR DOWNLOADING OF ANY DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER MATERIALS, FROM THE USPTO EXAMINERS’ WEBSITE, INCLUDING SERVICES, POSTINGS, BULLETIN BOARDS, MESSAGE BOARDS, JOB SITE, JOB LISTING, JOB POSTING. IN NO EVENT SHALL USPTO EXAMINERS, ITS AFFILIATES OR ANY THIRD-PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY DAMAGE, INJURY, LOSS, CLAIM, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (A) ANY USE OF THE USPTO EXAMINERS’ WEBSITE, INCLUDING SERVICES, POSTINGS, BULLETIN BOARDS, MESSAGE BOARDS, JOB SITE, JOB LISTING, JOB POSTING, OR CONTENT FOUND HEREIN, (B) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS), OR (C) THE PERFORMANCE OR NON PERFORMANCE BY USPTO EXAMINERS OR ANY THIRD-PARTY PROVIDERS OR DISTRIBUTORS, INCLUDING, BUT NOT LIMITED TO, NON PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.

5.                  You agree to indemnify, defend and hold harmless USPTO Examiners, its affiliates, officers, directors, employees, consultants, contractors, and agents from any and all third-party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of USPTO Examiners' website, including services, postings, bulletin boards, message boards, job site, job listing, job posting, your use of tortuous conducts, comments, postings, words, including but not limited to libel or slanderous comments, made to another party through USPTO Examiners' website, including services, postings, bulletin boards, message boards, job site, job listing, job posting, your violation of the Terms of Service or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.

 

6.                  You understand and expressly agree that your use of USPTO Examiners' website, including services, postings, bulletin boards, message boards, job site, job listing, job posting, are at your sole risk, that information posted, any material and/or data downloaded or otherwise obtained through the use of USPTO Examiners' website, , including services, postings, bulletin boards, message boards, job site, job listing, job posting is at your own discretion and risk and that You will be solely responsible for any damage to a third-party, another user or nonuser due to the information You posted on the USPTO Examiners’ website, including services, postings, bulletin boards, message boards, job site, job listing, job posting Job Board, bulletin boards, Message Board, any damage to your computer system or loss of data that results from the download of such material and/or data.

 

III. Content

1.                  All content, information, data, test, files, images, photos, messages, resumes, communications, cover letters and other materials ("Content") are the sole responsibility of the User who posts, originates or submits such Content. USPTO Examiners has no responsibility or liability whatsoever for any Content posted or submitted by Users on or via the USPTO Examiners’ website. USPTO Examiners does not guarantee the accuracy, quality, veracity or integrity of such Content. By using the USPTO Examiners’ website, You may be exposed to Content that is inaccurate, misleading, offensive, objectionable, indecent, and prurient. USPTO Examiners may provide links to third-party websites that are completely independent of USPTO Examiners.  USPTO Examiners has no responsibility and makes no warranties or representations whatsoever with respect to the Content, services or privacy practices of such websites. You link to such other websites at your own risk.

2.                  You agree that You bear all risk for Content provided on the USPTO Examiners’ website and that under no circumstances whatsoever, will USPTO Examiners be responsible or liable for losses or damages of any kind as a result of Content made available or used on or via the USPTO Examiners’ website. USPTO Examiners does not preview or approve Content. However, USPTO Examiners has the right, but not the obligation, in its sole discretion to delete, block, remove, move, alter or refuse any Content for any reason, including, but not limited to violations of the terms of these Terms and Conditions.

IV. User Conduct

1.                  The USPTO Examiners’ website may be used only for lawful purposes (as interpreted at USPTO Examiners' sole discretion) and for the purpose of locating employment or employees in accordance with the terms of these Terms and Conditions.

2.                  You agree not to do any of the following while using the USPTO Examiners’ website or any services offered on the USPTO Examiners’ website:

  1. Post any jobs that are not attorney jobs or otherwise related to the legal profession.
  2. Post any inaccurate, untimely, obsolete, stale, incomplete or misleading information.
  3. Post any jobs that are not for employment with a verifiable company
  4. Post any jobs that are not directly with your company or a company directly represented by your office.
  5. Post any jobs that are inaccurate or contain inaccurate information
  6. Allow job postings or resume postings to remain on the USPTO Examiners’ website for more than 5 business days after they are no longer available, accurate, viable or valid. To the extent that a position becomes unavailable for placement or on hold, the posting is required to be temporarily removed from the Job Board until such time as the position or resume becomes available.
  7. Post the same position more than once on the USPTO Examiners’ website within in any 5 day period or post multiple positions within one job posting.
  8. Key code (by overuse of a skill set, term or definition within a job posting, profile, resume or otherwise in an effort to gain priority placement of a posting).
  9. Claim or imply that any information or statements you make or provide are endorsed by USPTO Examiners.
  10. Impersonate any person, entity or organization, including, without limitation, a USPTO Examiners’ employee or agent, a user, including a job seeker, employer, recruiter, or otherwise misrepresent your affiliation with any person, entity or organization.
  11. Respond to a job posting on behalf of anyone other than you.
  12. Use contact information within a job posting that is different from or in addition to contact information that was provided when registering for the USPTO Examiners’ website service.
  13. Make unauthorized or unsolicited communications or contacts with individuals and entities who post on the USPTO Examiners’ website via e-mail, telephone calls, SMS text messages, mailings or other communications.
  14. Copy, including by printing, or use any personally identifiable information of job seekers for any purpose other than consideration of a job seeker for employment by or through you or your company.
  15. Transmit, post or communicate (i) false or inaccurate information about yourself; (ii) any Content or other material that is unlawful, defamatory, threatening, abusive, fraudulent, libelous, obscene, pornographic or otherwise objectionable or harmful, or that infringes any intellectual property or other rights of USPTO Examiners or any third-party; (iii) any spam, advertisements, commercials, solicitations, chain letter emails, pyramid schemes, ponzi schemes, investment opportunities, or other unsolicited commercial communications; (iv) any data or software that contains a virus, worm, trojan horse or other harmful or disruptive software code or script; and (v) trade secrets or material nonpublic information of third-parties without authorization to do so.
  16. Reproduce, resell, duplicate, sell, trade or exploit for any commercial purposes without USPTO Examiners' express prior written permission, any of the USPTO Examiners’ services or any information obtained on the USPTO Examiners’ website, by any medium including, without limitation, phone, fax, e-mail, SMS text messaging, courier or mail.
  17. Share your passwords, login or registration information or user identification.
  18. Use any software, search tool, search engine, agent or other device or mechanism, including without limitation browsers, spiders, rooters, robots, avatars or intelligent agents or search/retrieval application (other than those made available on the USPTO Examiners; website or third-party web browsers such as Netscape Navigator, Microsoft Internet Explorer or Firefox) to navigate, data mine, reproduce, search the USPTO Examiners’ website, or circumvent the navigational structure or presentation of the USPTO Examiners’ website or its contents.
  19. Spam, flood, solicit or mass market via e-mail, direct mail, telephone, SMS text messaging or otherwise to job seekers, employers or other users of the USPTO Examiners’ website.
  20. Delete, revise or alter any Content posted by any other user, person or entity.
  21. Prevent, restrict, or inhibit any other user from using the USPTO Examiners’ website and services in a normal operating fashion, including, without limitation, by "hacking", transmitting viruses, worms, bugs or defacing the USPTO Examiners’ website.
  22. Use the USPTO Examiners’ website for unlawful commercial, research or information collection purposes.
  23. Reverse engineer, create a derivative work of, modify, decompile or disassemble software or data bases of the USPTO Examiners’ website.
  24. Reproduce, frame or mirror any portion of the USPTO Examiners’ website or remove any copyright, trademark, or other proprietary rights notices, including these Terms and Conditions, contained on the USPTO Examiners’ website.
  25. You agree not to access the USPTO Examiners’ website by any means other than through the interface that is provided by USPTO Examiners for use in accessing the USPTO Examiners’ website.

V. Your Dealings with Third-Parties

Your communications and/or business dealings with employers, employees, advertisers and other third-parties located on or through the USPTO Examiners’ website, including delivery of or payment for any goods or services, and any other terms, conditions, warranties or representations related to such dealings, are solely between you and such third-party. You agree that USPTO Examiners shall not be responsible or liable for any loss or damage of any sort incurred as a result of your transactions, arrangements or dealings with such third-parties or as a result of the presence of such third-parties or their services on the USPTO Examiners’ website.

VI. Property of USPTO Examiners/Proprietary Rights

1.                  The USPTO Examiners’ website, including all web pages, code, modules, together with the arrangement and compilation of the Content, is the property of USPTO Examiners and/or its various third-party providers and distributors. No portion of the materials or code on these pages or anywhere on the USPTO Examiners’ website may be reprinted or republished (other than as is necessary to view the page on your monitor) in any form without the express prior written permission of USPTO Examiners.

2.                  The trademarks, logos and service marks displayed on the USPTO Examiners’ website (collectively, the "Trademarks") are registered and/or common law Trademarks of USPTO Examiners, its affiliates, and various third-parties. Nothing contained on the USPTO Examiners’ website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the express prior written permission of USPTO Examiners, or such other party that may own the Trademarks.  USPTO Examiners grants you a limited, non-exclusive, personal and non-transferable right and license to use the USPTO Examiners’ website in accordance with these Terms and Conditions. You will not sell, assign, sublicense, grant a security interest in or otherwise transfer any such right in the USPTO Examiners’ website.

3.                  Unauthorized use of the materials on the USPTO Examiners’ website may violate copyright, trademark, patent and other laws and is prohibited. You acknowledge that you do not acquire any ownership rights by using the USPTO Examiners’ website.

4.                  You agree that if you submit suggestions, ideas, comments or questions or post any other information and Content on the USPTO Examiners’ website, you grant USPTO Examiners and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology. USPTO Examiners takes no responsibility and assumes no liability for any Content posted or submitted by You.

VII. Practices Regarding Use and Storage

You acknowledge that USPTO Examiners may establish practices and limits regarding the use of the USPTO Examiners’ website, including without limitation the maximum number of days Content will be retained or stored by USPTO Examiners, the maximum number of resumes, emails, cover letters, or other communications that may be sent from or received by you, the maximum size of communications, the maximum data storage space that will be allowed to any particular user. You agree that USPTO Examiners has no responsibility or liability for deletion, misdelivery, or failure to store any Content, personal settings, or communications. USPTO Examiners reserves the right to log off any accounts that are inactive for an extended period of time.

VIII. Registration Obligations

In consideration of your use of the USPTO Examiners’ website, you represent that you are of legal age to enter into a binding contract and are not barred or prohibited from receiving services or using the USPTO Examiners’ website under the laws of the United States or any other applicable jurisdiction. You agree to: (a) provide accurate, true, current and complete information about yourself as required by the USPTO Examiners’ website registration process and (b) maintain and promptly update such registration information to keep it accurate, true, current and complete. If you provide any information that is inaccurate, untrue, not current or incomplete, or USPTO Examiners has reasonable grounds to suspect that such information is inaccurate, untrue, not current or incomplete, USPTO Examiners shall have the right to suspend or terminate your account and refuse any and all current or future use of the USPTO Examiners’ website or USPTO Examiners’ services.

IX. Account Security

You are responsible for keeping confidential your password and access to your account, and are fully responsible for all activities that occur under your username and/or account. You shall (i) immediately notify USPTO Examiners of any unauthorized use of your username or account or any other breach of security, and (ii) log out from your account at the end of each session. In no way will USPTO Examiners be liable, and you agree to indemnify USPTO Examiners for any loss or damage arising from your failure to comply with this Section 8

 

X. International Users

USPTO Examiners makes no claims that the USPTO Examiners’ website and content thereon may be lawfully viewed or accessed outside of the United States. Access to the USPTO Examiners’ website may not be legal by certain persons or in certain countries. If you access the USPTO Examiners’ website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You agree to comply with all local rules, as applicable, regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

XI. Children

Children under the age of 13 are strictly prohibited from using the USPTO Examiners’ website.

XII. Fees and Costs

We reserve the right to charge fees or charges, change fees or charges, or to institute new fees or charges at any time.

XIII. Privacy Policy

You have read and understand the  USPTO Examiners’ Job Board Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of your personal information by USPTO Examiners and/or its third-party providers and distributors in accordance with the terms of and for the purposes set forth in the  USPTO Examiners’ Job Board Privacy Policy.

XIV. Modifications to Service

USPTO Examiners reserves the right, to be exercised at its sole discretion, to modify or discontinue any time and from time to time, temporarily or permanently, the USPTO Examiners’ website or USPTO Examiners’ services with or without notification. You agree that USPTO Examiners shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the USPTO Examiners’ website or USPTO Examiners’ services, including for lost Content.

XV. Review of Communications and Content

 

USPTO Examiners and its designees may (but are not required to) review and monitor any information transmitted or received through the USPTO Examiners’ website and shall have the right (but not the duty) to censor, remove, edit, restrict or prohibit the transmission or receipt of any such information that USPTO Examiners deems, in its sole discretion, inappropriate or in violation of these Terms and Conditions. While monitoring and reviewing, the information may be examined, recorded or copied, and your use of the USPTO Examiners’ website constitutes your consent to such monitoring and review.

XVI. Copyright

1.         In accordance with the Digital Millennium Copyright Act of 1998 (see the U.S. Government Copyright Office Web page at http://lcweb.loc.gov/copyright/onlinesp), we are providing the following statement.

 

2.         If you believe that your copyrighted work has been copied in a manner that constitutes infringement, please provide USPTO Examiners' copyright agent (contact@USPTOExaminers.com) with the following information:

 

a.         An electronic signature of the person who is authorized to act on behalf of the owner of the copyright interest;

 

b.         A description of the location on the website of the material you claim is infringing;

 

c.         A description of the infringing material;

 

d.         A description of the copyrighted work you claim is being infringed;

 

e.         Your name, address, telephone number, and email address;

 

f.          A statement by you that you have a good faith belief that the work that you claim is being infringed is protected by copyright and that its use is not licensed or authorized by the copyright owner, its agent, or the law; and

 

g.         A statement by you, made under penalty of perjury, that the above information in your notification to us is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

3.         Please note that any misrepresentation of material facts will subject the offending party to claims for damages and attorneys’ fees.

 

USPTO Examiners' Copyright Agent:

Please contact: contact us

 

XVII. No Third-Party Beneficiaries.

You agree that, except as otherwise expressly provided in these Terms and Conditions, there shall be no third-party beneficiaries to these Terms and Conditions.

 

XVIII. Statutes of Limitations.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to or these Terms and Conditions or access or use of the USPTO Examiners’ website must be filed within one (1) year after such claim or cause of action arose or accrued or be forever barred.

 

XIX. Attorney's Fees.

If USPTO Examiners or its affiliates take any action to enforce the Terms and Conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.

XX. Injunctive Relief.

 

You acknowledge that a violation or attempted violation of any of these Terms and Conditions will cause such damage to USPTO Examiners as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that USPTO Examiners shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by USPTO Examiners in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.

XXI. Termination.

 

USPTO Examiners may terminate immediately and without prior notice your right to use the USPTO Examiners’ website, these Terms and Conditions and/or the provision of any of the services at any time for any reason, including, without limitation, any improper use of the USPTO Examiners’ website, your failure to comply with or breach of these Terms and Conditions, or request by law enforcement or a governmental agency. Such termination shall not effect any right to relief to which USPTO Examiners and its third-party providers and distributors may be entitled, at law or in equity. Upon termination of these Terms and Conditions, all rights granted to you will terminate and revert to USPTO Examiners and its third-party providers or distributors, as applicable.

 

XXII. Notification Procedures.

USPTO Examiners may provide you with notices, including those regarding changes to the Terms and Conditions, by email, regular mail, or postings on the USPTO Examiners’ website. Please report any violations of these Terms and Conditions or provide any other notification to contact@USPTOExaminers.com.

XXIII. No Right of Survivorship, Non-Transferability.

You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

XXIV. Additional Terms.

Additional terms and conditions may apply to purchases of goods and services and other uses of portions of the USPTO Examiners’ website, and you agree to abide by such other terms and conditions.

XXV. Waiver and Severability.

The failure of USPTO Examiners’ website to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

XXVI. Headings.

The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect the terms and conditions herein.

XXVII. Entire Agreement.

These Terms and Conditions, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on the USPTO Examiners’ website.

 

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