a. General. The See-the-Forest.com website is owned and operated by IPVision, Inc. All materials appearing on this site, including site design, text, graphics, icons interfaces, and the selection, assembly and arrangements are owned or licensed by IPVision. IPVision grants you a limited license to access See-the-Forest.com but not to download (other than normal browser page caching or through normal use of IPVision supplied "export" features) or modify it, or any portion of it, except with express written consent of IPVIsion. Permission is granted to copy electronically and to print hard copy portions of these materials only as described below or elsewhere on See-the-Forest.com website. Any other use of these materials, including but not limited to, reproduction for purposes other than those noted on our site, modification, transmission, display, distribution or republication, without the prior written permission of IPVision is strictly prohibited. You may access See-the-Forest.com only through the interface that is provided by IPVision. Use of automated means, including without limitation, web crawlers, agents, robots, scripts, spiders, screen scraping tools or other types of software or hardware technology to access, monitor, download or copy materials from the See-the-Forest.com website is not permitted.
b. Registration. Certain features of See-the-Forest.com are available for use without registration. Users who do not register are referred to as "Unregistered Users". You may register to use certain additional features of See-the-Forest.com. A user whose registration is accepted by IPVision and whose registration is current is referred to as a "Registered User". Certain additional features of See-the-Forest.com are only available to Registered Users who pay the applicable subscription fees as from time to time in effect. The term "Registered User" shall also include an "Authorized User" and a "Project Access Authorized User" under IPVision Master Services and Subscription Agreements or similar agreements as from time to time in effect between IPVision and a client organization ("IPVision Client Agreements").
c. Commercial Use. Unregistered Users may only use See-the-Forest.com for their own personal use (including their own business or professional requirements) but may not make any other commercial use of See-the-Forest.com. Registered Users are permitted to make only limited commercial use of the information contained on See-the-Forest.com. A Registered User is permitted to incorporate information from See-the-Forest.com into services in which such Registered User provides added value. For example, a law firm or consulting firm can make use of patent information from See-the-Forest.com as part of the provision of intellectual property services for their clients or customers. However, permission is not granted to use the site or information on the site to operate an intellectual property research service that is competitive with the IPVision or for any other purpose, such as demonstrating your own products to customers or potential customers. In all permitted use instances, visualizations, abstractions or results sets copied in whole or in part must be attributed to "IPVision, Inc." or will be deemed unauthorized use.
d. No Other Use. You may not (i) de-compile, reverse engineer, disassemble, rent, sell, resell, exploit, lease, loan, sublicense, or create derivative works (except as described above) from the material provided on See-the-Forest.com, (ii) copy, modify, reproduce, republish, distribute, transmit, or use for commercial or public purposes the material provided by IPVision or generated through the See-the-Forest.com website, except to the extent required in order for you to use the material in the manner expressly intended by IPVision, (iii) engage in or facilitate illegal activity, (iv) upload, transmit, or otherwise distribute any viruses or other harmful, disruptive or destructive files, (v) interfere with or disrupt networks, systems, and/or computers connected to See-the-Forest.com, (vi) defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others, (vii) other than descriptions of intellectual property available for licensing or sale, advertise or offer to sell any goods or services for any commercial purpose unless you have IPVision's written consent to do so, (viii) restrict or inhibit any other user from using See-the-Forest.com, (ix) collect or store personal information about other end users, (x) impersonate any person or entity, including, but not limited to, an IPVision representative, or falsely state or otherwise misrepresent your affiliation with a person or entity, (xi) forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through See-the-Forest.com or to manipulate your presence on See-the-Forest.com, (xii) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of See-the-Forest.com without IPVision's written consent, or (xiii) use any meta tags or any other "hidden text" utilizing IPVision's name or trademarks without the express written consent of IPVision.
e. Additional Usage Rights. Persons who are Registered Users by virtue of being "Authorized Users" or "Project Access Authorized Users" under IPVision Client Agreements may make such additional usage of See-the-Forest.com to the extent specifically provided in and subject to any additional terms and conditions contained in the applicable IPVision Client Agreement.
f. Your Responsibility You are solely responsible for your actions and communications undertaken or transmitted using See-the-Forest.com. You agree that, to the best of your knowledge, any information you provide through See-the-Forest.com will be accurate and truthful. IPVision reserves the right to review the content and communications you submit to See-the-Forest.com in order to ensure compliance with the terms of this Agreement.
In order to access certain portions of See-the-Forest.com and purchase the products and services available on our site, you must register with IPVision by completing the applicable registration form. If you do not register, you will not be able to access our entire site. By registering, you agree to comply with the terms and conditions of your registration form as well as this User Agreement.
a. Eligibility. Registration on See-the-Forest.com is limited to persons who are eligible to enter into contracts under applicable law. This means, among other requirements, you must be 18 years of age or older to be accepted as a Registered User of See-the-Forest.com. If you do not meet these requirements, you cannot register to use the features of See-the-Forest.com for which registration is required. IPVision reserves the right (i) to reject your application to become a Registered User and (ii) to suspend user privileges and block access of any registered user who violates this User Agreement.
b. User ID. When you register you will be asked to provide an email address which will become your User ID. You will be given a password which you will need in order to access to See-the-Forest.com. You will have the ability to change your password. You agree that the User ID is only for your personal use, and you will not permit anyone else to use your User ID. You may not transfer your User ID or password to anyone else. You agree to notify us immediately of any unauthorized use of your email address, user name or password or any other breach of security regarding See-the-Forest.com of which you are aware.
c. Complete and Accurate Information. You represent and warrant to IPVision and agree that the information contained in your completed registration form is complete and accurate. It is your responsibility to keep registration and credit card or other payment information current.
d. Reliance on Information. You agree that IPVision may rely on the information that you provide. It is your responsibility to keep your registration and credit card information current. IPVision reserves the right to suspend user privileges and block access of any Registered User who provides incorrect information or who violates any of the terms and conditions set forth herein.
a. Service and Product Fees. Certain IPVision services, reports and products are only available upon payment of an additional fee above and beyond the subscription access fees that apply to See-the-Forest.com. These additional fees, as well as other terms and conditions for each of these products and services, are set forth on See-the-Forest.com and are subject to change from time to time. Fees for specialized services or reports will be quoted to you directly on your request. IPVision will charge your credit card for any products or services you purchase. If you did not provide a credit card number during registration, then you must provide this information to IPVision in order to access these additional charged products and services. Your credit card will be charged for any purchases made using your UserID until such time as you notify IPVision in writing that your credit card has become compromised in any way, whether by theft, unauthorized duplication or otherwise. Upon receipt of such notification IPVision will deactivate your UserID and assign you a new UserID if appropriate. You are responsible for all charges incurred until your UserID is deactivated. Subscriptions paid by credit card will be automatically renewed at the end of the stated subscription term in 1-month increments, until you cancel your subscription (see "Termination").
b. Payment. Unless you are a Registered User by virtue of being covered by an IPVision Client Agreement, you agree to pay the current fees for all products and services purchased using your UserID. Any charges made under your UserID will appear on your monthly credit card statement. You agree to make payment based upon the transaction summary. You also agree to pay all duties, taxes, levies or fees imposed by any government authority on your use of IPVision services or See-the-Forest.com You agree to pay a late fee of 1.5 percent per month (or the highest amount allowed by law, whichever is lower) if your payment is not received by the due date set in the invoice. You also agree to reimburse IPVision for all collection fees (including attorney's fees) incurred in their efforts to collect any unpaid balance on your account. If you believe there is an inaccuracy in any invoice you receive from IPVision, please contact IPVision Customer Service by email firstname.lastname@example.org or in writing addressed to IPVision, Inc., Attn: Customer Service, Watermill Center, 800 South Street, Waltham, MA 02453, USA.
a. User Provided Content License. If you provide any content or materials to See-the-Forest.com in connection with your use of the See-the-Forest.com ("User Provided Content"), including but not limited to descriptions of licensable intellectual property, then the intellectual property rights associated with the User Provided Content remain solely with you. However, you grant IPVision the perpetual, fully-paid, royalty-free, sublicensable, non-exclusive, and transferable right to use, publish, transmit, display, copy and distribute the User Provided Content, in any and all formats and platforms (whether currently existing or developed in the future), in connection with See-the-Forest.com and related publications, databases and materials, including marketing materials. You also agree that IPVision may make minor modifications to the User Provided Content to meet technical requirements.
b. Representations and Warranties re: User Provided Content. You represent and warrant that the User Provided Content: (a) is owned by you, or you have the full right to provide the User Provided Content to IPVision and grant the above license; (b) does not infringe or misappropriate any copyright, trademark, trade secret or other intellectual property right; (c) does not violate any person's right of privacy or publicity; (d) does not contain any unlawful, obscene, defamatory or libelous material, and (e) to the best of your knowledge, is accurate and complete. You also represent and warrant that your disclosure of the User Provided Content is not in breach of any obligation of confidentiality that you have to any other person or organization.
Our analysis programs operate on data obtained by IPVision from the United States Patent and Trademark Office (USPTO), foreign patent agencies and other sources which we believe to be reliable. However, it is known that there is a possibility of error in any data source. For example, it is known that there have been errors in the USPTO databases and that the USPTO does not supply data in electronic form for patents issued prior to 1976. While we perform quality checks at regular intervals to ensure conformity of our data with that of the USPTO and our other data sources, there can be no assurances that the data sets are complete or accurate. IPVision is not responsible for the content of third party data nor for the completeness or accuracy of any such data.
If a User detects an error in any data or output supplied by IPVision, we will as our sole obligation re-run the analysis with corrected data if such data is reasonably available. If IPVision, in its sole discretion, decides that it is unable or inadvisable to re-run the analysis it may, as its sole and complete obligation, refund to you any amount you may have actually paid IPVision to perform the specific analysis in question.
EXCEPT AS SET FORTH IN PARAGRAPHS NUMBERED 5 AND 6, ACCESS TO See-the-Forest.com AND ITS CONTENT, PRODUCTS AND SERVICES ARE PROVIDED "AS IS." IPVISION DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, CONCERNING THE MERCHANTABILITY, QUALITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF See-the-Forest.com OR ITS CONTENT, PRODUCTS OR SERVICES. YOU ASSUME ALL RISK OF USE. NO WARRANTY IS GIVEN THAT THE SERVICES WILL BE ERROR-FREE, FREE OF VIRUSES OR UNINTERRUPTED. IPVISION IS NOT RESPONSIBLE FOR INVALID DESTINATIONS AND TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATIONS CARRIERS' OR OTHER PROVIDERS' FACILITIES. IPVISION HAS NO LIABILITY FOR FAULTY OR INTERUPTED COMMUNICATIONS LINKS. YOU ACKNOWLEDGE THAT SUBSTANTIAL AMOUNTS OF THE CONTENT OF See-the-Forest.com ARE PROVIDED BY THIRD PARTIES, AND IPVISION HAS NO CONTROL OVER, OR LIABILITY FOR ANY SUCH CONTENT. UNDER NO CIRCUMSTANCES WILL IPVISION BE RESPONSIBLE FOR THE USE BY YOU OF, OR RESULTS ACHIEVED BY YOU FROM THE SERVICES OR ANY DATA ACCESSED THROUGH See-the-Forest.com. NO PERSON IS AUTHORIZED TO MAKE ANY OTHER WARRANTY OR REPRESENTATION CONCERNING IPVISION SERVICES, DELIVERABLES OR PRODUCTS UNLESS AND UNTIL MADE IN A SINGLE WRITING THAT IS SPECIFICALLY APPROVED AND SIGNED BY IPVISION'S GENERAL COUNSEL.
NEITHER IPVISION NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF PROFIT, LOSS OF BUSINESS OR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, COLLATERAL OR INCIDENTAL DAMAGES INCURRED THAT ARISE OUT OF THE USE OR THE INABILITY TO USE See-the-Forest.com OR OTHERWISE, OR THAT ARISE OUT OF ANY BREACH OF A REPRESENTATION OR WARRANTY, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF IPVISION OR SUCH SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY OTHER TORT.
IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT THE AGGREGATE LIABILITY OF IPVISION AND ITS SUPPLIERS TO YOU SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500).
EXCEPT FOR THE INDEMNIFICATION PROVISIONS IN "10. INDEMNITY" BELOW, YOU SHALL NOT BE LIABLE TO IPVISION FOR LOSS OF PROFIT, LOSS OF BUSINESS OR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, COLLATERAL OR INCIDENTAL DAMAGES.
While our analysts are experienced in intellectual property issues, we are not patent lawyers nor do we render legal advice. We work with client counsel and technical experts to assist in areas which are appropriate based upon our competencies. Analyses supplied by IPVision are designed to point out approaches, patterns or situations which our experience has shown may be of particular interest to a client. IPVISION SPECIFICALLY DISCLAIMS ANY LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO ANY RELIANCE BY YOU OR ANY THIRD PARTY UPON ANY RECOMMENDATIONS, DATA OR INFORMATION PROVIDED BY IPVISION OR See-the-Forest.com AS CONSTITUTING BUSINESS OR LEGAL ADVICE.
You agree to defend, indemnify and hold harmless IPVision and its parent, subsidiaries, affiliates, officers, directors, partners, agents, consultants and employees (collectively, "IPVIsion Parties") harmless from and against any and all liability, damages, injuries, losses, costs, and expenses (including attorneys' fees) incurred by any IPVision Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, or copyright infringement arising out of: (i) any breach by you of any term or condition of this Agreement, (ii) your use of See-the-Forest.com, (iii) any use or alleged use of your user name by any person, whether or not authorized by you, (iv) any User Provided Content that you submit to See-the-Forest.com and (v) your violation of the rights of any other person or entity relating to See-the-Forest.com.
If any such action shall be brought against any IPVision Party, they shall attempt to notify you via email at the email address, if any, on file with IPVision at the time but the failure of any IPVision Party to so notify you shall not relieve you of your obligations hereunder. You shall assume and control the defense and settlement of each such action, including the employment of counsel and payment of all expenses. Any IPVision Party shall have the right to employ separate counsel in any such action and participate in the defense, at their own cost unless otherwise agreed to by you.
IPVision reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
When using See-the-Forest.com, you may sometimes be linked to other websites which are not operated by IPVision, e.g. the United States Patent and Trademark website (www.uspto.gov). When you link to these other websites you may be required to agree to additional terms and conditions in order to access information or services from these websites. If you access such third party websites you agree to be bound by such third party terms and conditions.
IPVision products and services are protected by issued patents and pending patent applications as well as copyright. The databases on See-the-Forest.com or otherwise used by IPVision are proprietary to IPVision or its suppliers. These databases shall remain the exclusive property of IPVision or its suppliers, and you agree that you have no rights therein other than the specific limited use permissions set forth herein. Elements of the site are also protected by trademark, copyright, trade dress and other laws and may not be imitated in whole or in part on other websites or otherwise.
IPVision may elect to resolve any controversy or claim arising out of or relating to this Agreement or any IPVision services by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Boston, Massachusetts, and judgment on the arbitration award may be entered into any court having jurisdiction. Either IPVision or you may seek any interim or preliminary relief from a court of competent jurisdiction in the Eastern District (Boston) of Massachusetts necessary to protect the rights or property of IPVision or you pending the completion of arbitration.
You may terminate your registration on See-the-Forest.com at any time by providing written or email notice to IPVision at the customer service address set forth under Customer Support below. IPVision also reserves the right in its sole discretion to terminate your registration at any time for any reason or no reason and upon such termination IPVision shall attempt to give you notice thereof by email to the email address, if any, on file with IPVision but the failure of IPVision to provide such email notice shall not be a pre-requisite to such termination. In the event IPVision determines, in its sole discretion, that you have violated the terms if this Agreement, IPVision shall have the right to immediately suspend your access to See-the-Forest.com without prior notice to you, and/or pursue any other remedies available to it under applicable law. All applicable provisions of the Agreement will survive termination of this Agreement. Upon termination, you will pay any outstanding fees to IPVision in full within thirty (30) days and honor all outstanding transactions entered under your User ID at See-the-Forest.com.
In addition, if at any time you have not logged onto See-the-Forest.com for over six months, IPVision reserves the right to terminate your registration and disable your User ID and terminate your account. If this occurs, and you still want access to See-the-Forest.com please contact Customer Support at the address set forth below and your account can be re-established under the then applicable service terms for re-established accounts. In addition, Registered Users may automatically receive newsletters and other communications from IPVision. If you prefer not to receive these communications, you can, at any time, cancel your account by contacting IPVision Customer Support.
a. Compliance With Laws. You agree to comply fully with all applicable laws, statutes, ordinances, rules and regulations, and agree not to use See-the-Forest.com to facilitate collusion or for any other conduct violating antitrust or other applicable laws.
b. Waivers and Remedies. Any waiver by you or IPVision of the provisions of this Agreement or of your or IPVision's rights or remedies under this Agreement must be in writing to be effective. Any waiver in a particular instance shall not constitute a waiver of the same or different rights or breaches in any other instance. Failure, neglect or delay by you or IPVision to enforce the provisions of this Agreement or your or IPVision's rights or remedies at any time will not be construed and will not be deemed to be a waiver of your or IPVision's rights under this Agreement and will not prejudice your or IPVision's right to take subsequent action. No exercise or enforcement of any right or remedy under this Agreement will preclude the enforcement of any other right or remedy under this Agreement or that you or IPVision is entitled by law to enforce
c. Suspension of Service. IPVision may at its discretion suspend or terminate operation of See-the-Forest.com for maintenance or other reasons. In addition, technical and other issues may make See-the-Forest.com unavailable from time to time.
d. Governing Law and Jurisdiction. This User Agreement shall be governed by and construed in accordance with the laws of The Commonwealth of Massachusetts with the exception of its conflict of laws rules. You and IPVision agree to submit to the personal and exclusive jurisdiction of the courts located within the Eastern District (Boston) of Massachusetts.
e. Time To Bring Claims. You agree that any claim or cause of action arising out of or related to use of See-the-Forest.com or the terms of this Agreement must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
f. Severability. If any part provision of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of this Agreement shall continue in effect.
g. Force Majeure. IPVision shall have no liability for any failure or delay resulting from any condition beyond the reasonable control of IPVision, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.
IPVision reserves the right, in its sole discretion, to supplement, modify or discontinue any aspect of See-the-Forest.com, including, without limitation, restricting the times or means of access to See-the-Forest.com. IPVision also reserves the right, in its sole discretion, to modify this Agreement in any manner and to adopt additional terms or conditions governing your access and use of See-the-Forest.com, and the terms and conditions related to the access and use thereof, at any time, without prior notice. The terms of any such amendment to this Agreement shall become effective immediately upon posting of such terms on See-the-Forest.com, and your use of See-the-Forest.com on or after such effective date shall constitute acceptance of such amended terms.
Questions or problems regarding use of See-the-Forest.com may be directed to See-the-Forest.com Customer Support by writing to IPVision, Inc., Watermill Center, 800 South Street, Waltham, MA 02453, USA, Attn: See-the-Forest.com Customer Support,or email@example.com. You agree that IPVision may keep records of the conversations that IPVision employees have with you in order to monitor the quality of IPVision's service and to ensure that the information needed is received. However, you also agree that IPVision's customer service employees are not authorized to waive any provision of this Agreement.
This Agreement sets forth the entire understanding between IPVision and you with respect to the subject matter of this Agreement and supersedes any previous and contemporaneous communications, representations, understandings and agreements, whether oral or written, between IPVision and you with respect to said subject matter.
Last Revised: March 1, 2017