Terms2018-09-24T16:20:41+00:00

Website & Subscriber
Terms of Use

 


Last Updated September 24, 2018

 


California registered U.S. patent attorney David M. Kleiman dba KLEIMAN Patent Law Services (hereinafter “Publisher”) owns and operates this website. Your access to and use of this website are subject to your agreement to the terms of use set forth below. These terms of use supersede any prior terms of use as of the date shown above, and are subject to change by Publisher without notice. Any such changes shall be posted here on this website, shall be effective immediately, and any continued use of this website by you after such changes shall constitute your agreement to such changes.

 

Use Of This Website

Doesn't Make You A Client

 

You understand and agree that this website is not an offer of legal services, that no information in this website constitutes legal advice, and that your use of this site does not establish an attorney-client relationship between you and Publisher.

 

This Website Is Not Legal Authority

Or A Substitute For A Lawyer

 

The content on this website discusses and addresses intellectual property and related business laws and issues. However, this website is not a legal authority for users to rely upon. The law is complex and subject to constant change and interpretation. It can vary significantly from jurisdiction to jurisdiction, and the facts of every case are to some extent unique.

 

A condition to any access or use of this website is your agreement not to rely upon the general information provided. It is understood and agreed by you that to the extent you need legal advice or services you shall not rely upon this website, but shall seek out the services of qualified legal counsel.

 

Access

 

Publisher presently makes available the general information content on this website as a public service free of charge. Publisher is under no obligation to provide the content, to update the content or continue providing access to the content or this website.

 

Publisher makes no warranties or representations concerning (i) the accessibility of any part or all of this website to any user, (ii) the duration that any particular content shall remain accessible on the site, (iii) the continued operation or availability of the website or Publisher, or (iv) the accuracy or correctness of any content.

 

Access to all or any portion of this website to any user is subject to the approval, and entirely in the discretion, of Publisher. Publisher reserves the right to refuse access to any user for any reason at any time. Publisher may without notice and without cause revoke the access privileges to this website.

 

Respect The Intellectual Property Of This Website: No Copying

 

Many of the Materials found on this website are subject to protection under the law against unauthorized copying. By accessing any portion of this website you are agreeing to respect the intellectual property rights of the Publisher, the rights of any others whose content may be found on this website, and are agreeing, representing and warranting that you shall not make unauthorized copies of any kind (electronic, print, or otherwise) of website content, and shall not make any efforts to unlawfully copy or distribute website content.

 

Specifically, unless expressly authorized you understand and agree that all content that is on this website is to be viewed or used by you only online through this website, or a single printed copy for your own personal use: It is otherwise strictly prohibited to make copies of the content of the website for purposes of distributing the content offline or not through this website.

 

PRIVACY POLICY

Collection And Use Of

Your Personal Information

 

Accessing and/or communicating through certain portions of this website requires the provision of certain user personal information.

 

Personal information of a user that may be collected through this website includes a first name, last name, email address, and/or telephone number. Publisher uses this personal information to respond to communications received, to send communications concerning use of the website, Publisher’s legal services, and information on legal issues and news that Publisher thinks may be of interest to users. By submitting personal information through this website you are consenting to such uses of your personal information by Publisher.

 

The IP addresses of users who take the IP Rights Self-Assessment available on this website are recorded and stored as this is necessary for Publisher to be able to store and evaluate the data of user experiences with certain parts of the website. The IP address of a user is not otherwise used by the Publisher. The Publisher presently does not use IP addresses to personally identify or track any website user away from the website.

 

If after providing personal information you decide that you do not wish to receive further communications from Publisher you may communicate this to Publisher by sending a message using the EMAIL form in the Contact section of this website with a “subject” of “UNSUBSCRIBE”. Publisher will remove you from any mailing lists.

 

Publisher does not sell, rent, lease, or give away subscriber or user personal information to third parties for any commercial or charitable solicitation purposes by third parties. Publisher may disclose subscriber or user personal information in limited circumstances to third parties (i) if Publisher reasonably believes such disclosure is required by the law (e.g. in response to a valid court order), (ii) if Publisher reasonably believes it is necessary in order to assist law enforcement with preventing or solving a crime or act of terrorism, (iii) if Publisher reasonably believes it is necessary for the enforcement of the terms of use of this website, (iv) as Publisher reasonably believes is necessary for the operation or technical maintenance of this website, or (v) as part of any transfer (sale or otherwise) to a third party of Publisher’s business or this website.

 

The personal information collected from users is stored in one or more password protected databases that are on the third party servers that send emails to users, host this website, in backups of such databases made by the third party that provides and maintains the servers, or in files or databases that are created and maintained by Publisher for use of such information by Publisher consistent with these terms of use and the consents received. Publisher does not own the third party servers that send emails or host this website, and does not have control over physical access to such third party servers. Except in connection with the reasons specified herein for disclosure of your personal information, publisher does not knowingly or voluntarily disclose information to third parties that would allow them to access user personal information.

 

COOKIES

Publisher makes use of cookies and/or other internet technologies only as necessary to provide users with access to this website and its content, and to track subscriber and user activity while on this website.  Publisher does not knowingly collect information or track subscriber or user activities away from Publisher’s website.

 

DISCLAIMERS

 

TO THE FULLEST EXTENT ALLOWED BY LAW THE PUBLISHER DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND/OR IMPLIED, REGARDING ANY INFORMATION OR MATERIALS IN the IP MONEY REPORT, ON THIS WEBSITE, ACCESS TO THIS WEBSITE, OR ANY RELATED PRODUCT OR SERVICE. SUCH DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, A FULL DISCLAIMER OF ANY AND ALL WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE PUBLISHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE COMPATIBILITY OF THIS WEBSITE OR ANY PRODUCT WITH A USER’S SYSTEM.

 

THE PUBLISHER HEREBY DISCLAIMS ANY LIABILITY ON ACCOUNT OF ANY UNAUTHORIZED USE BY A THIRD PARTY OF SUBSCRIBER OR USER PERSONAL INFORMATION, WHERE SUCH PERSONAL INFORMATION HAS BEEN ILLEGALLY OBTAINED, SUCH AS BY WAY OF EXAMPLE A THIRD PARTY GAINING UNAUTHORIZED ACCESS INTO A PUBLISHER DATABASE, OR INTERCEPTING ANY COMMUNICATION OF INFORMATION BETWEEN A SUBSCRIBER AND/OR USER AND THE PUBLISHER. SUBSCRIBERS AND USERS EXPRESSLY AGREE TO RELEASE, HOLD HARMLESS, AND INDEMNIFY THE PUBLISHER AGAINST ANY CLAIMS ARISING FROM SUCH UNAUTHORIZED USE OF SUBSCRIBER OR USER PERSONAL INFORMATION.

 

THE SUBSCRIBER AND/OR USER ASSUMES FULL RESPONSIBILITY FOR ANY LOSS, DAMAGE, OR INJURY THAT MAY RESULT FROM THEIR RECEIPT OF EMAILS FROM PUBLISHER, USE OF THIS WEBSITE, INFORMATION, SOFTWARE OR MATERIALS CONTAINED ON OR ACCESIBLE THROUGH THE WEBSITE (INCLUDING THOSE THAT MAY BE PRESENT OR ACCESSIBLE WITHOUT THE KNOWLEDGE OR CONSENT OF THE PUBLISHER SUCH AS MALICIOUS VIRUSES, MALWARE, SPYWARE, OR OTHER BAD AGENTS THAT MAY HAVE INFECTED THIS WEBSITE), USE OF ANY THIRD PARTY HOSTING, PAYMENT & LICENSING SYSTEMS, OR INSTALLATION OF ANY THIRD PARTY PRODUCT NEEDED TO USE THIS WEBSITE.

 

THE SUBSCRIBER AND/OR USER WAIVES AND RELEASES ANY AND ALL CLAIMS, IN LAW OR EQUITY, THAT NOW EXIST, OR MAY ARISE, AGAINST THE PUBLISHER, ITS OWNERS, MANAGERS, EMPLOYEES, AGENTS, PROVIDERS, AFFILIATES, ATTORNEYS, AND REPRESENTATIVES AGAINST ANY AND ALL CLAIMS RELATED TO, OR ARISING FROM, THE USE OF THIS WEBSITE. THIS WAIVER AND RELEASE BY USER EXTENDS AND APPLIES TO ANY RELEASE THAT MAY BE COVERED BY CALIFORNIA CIVIL CODE § 1542 WHICH STATES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

 

THE USER ALSO AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE PUBLISHER, ITS SPONSORS, EMPLOYEES, AGENTS, PROVIDERS, AFFILIATES, OWNERS, MEMBERS, ATTORNEYS, AND REPRESENTATIVES AGAINST ANY AND ALL CLAIMS BROUGHT AGAINST IT ON ACCOUNT OF THE USER’S ACTIVITIES RELATED TO THE USE OF THIS WEBSITE.

 

The Publisher will not be liable for any loss or damage (including indirect, special or consequential loss or damage) arising from the use of this website, whether or not caused by any negligent act or omission.

 

The Publisher does not own, maintain or operate the servers that transmit emails or host this website, which are provided by a third party. As a visitor to this website you acknowledge this, and agree to accept all risk and liability associated with communicating with such third party servers as a consequence of your visit to this website.

 

GOVERNING LAW & DISPUTE RESOLUTION

 

IT IS UNDERSTOOD AND AGREED THAT THIS WEBSITE AND THESE TERMS OF USE ARE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA IN THE UNITED STATES OF AMERICA, WITHOUT REGARD TO THE CONFLICTS OF LAW RULES OF SUCH JURISDICTION.

FOR ANY DISPUTE ARISING OUT OF THE USE OF THIS WEBSITE, OR THAT RELATES TO THESE TERMS OF USE, IT IS AGREED TO WAIVE ANY RIGHT THE USER OR THE PUBLISHER MAY HAVE TO A JURY TRIAL AND TO INSTEAD SUBMIT ALL DISPUTES TO ARBITRATION CONDUCTED PURSUANT TO THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION.

ALL PROCEEDINGS RELATED TO ANY DISPUTE SHALL BE CONFIDENTIAL AND TAKE PLACE IN THE THEN COUNTY OF RESIDENCE OF PUBLISHER.

IT IS FURTHER AGREED THAT PRIOR TO ARBITRATION THE PUBLISHER MAY REQUIRE THE USER TO FIRST PARTICIPATE IN NON-BINDING CONFIDENTIAL MEDIATION WHICH SHALL TAKE PLACE IN THE THEN COUNTY OF RESIDENCE OF PUBLISHER AND BE CONDUCTED PURSUANT TO THE COMMERCIAL MEDIATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION.