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Terms of Service
These Terms of Service ("Terms") govern your access to and use of inovia's websites (the "Services"). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
You are responsible for your use of the Services and for any consequences thereof. You may use the Services only if you can form a binding contract with inovia and are not a person or entity barred from receiving services under the laws of your home jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that inovia provides are always evolving and the form and nature of the Services that inovia provides may change from time to time without prior notice to you. In addition, inovia may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use at our sole discretion at any time without prior notice to you.
All communication should be directed to firstname.lastname@example.org.
Information on the Services
Any use of or reliance on any information or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any information accessed via the Services. Under no circumstances will inovia be liable in any way for any information, including, but not limited to, any errors or omissions in any information, or any loss or damage of any kind incurred as a result of the use of any information posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
Permission is granted to make electronic copies and to print in hard copy, portions of this website for the sole purpose of researching or using the services of inovia. The status of inovia, or that of any identified contributors, as the author of the materials on this website should always be acknowledged. Any other use of materials on this website without the prior written permission of inovia is strictly prohibited; this includes but is not limited to modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any materials available on or through this website for commercial or public purposes.
All right, title, and interest in and to the Services (excluding information provided by users) are and will remain the exclusive property of inovia and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the inovia name or any of the inovia patents, trademarks, logos, domain names, and other distinctive brand features.
You agree to indemnify and hold harmless inovia and our Agents and Associates against all claims, liabilities, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach by you of the Terms or any other liabilities arising out of your use of this website, or the use by any other person accessing this website using your computer equipment or internet access account or your infringement of the intellectual property rights or other proprietary rights of any third party. We reserve the right to restrict or prevent your access to the Services and/or this website at our sole discretion.
Restrictions on Use of the Services
You undertake and agree with inovia that you shall at all times use all reasonable endeavors to observe these Terms, and in particular shall not (and shall not permit any employee, sub-contractor or agent to) (i) use this website for any illegal purpose, and you agree to use it in accordance with relevant laws in any applicable jurisdiction (including, without limitation, your local law); (ii) upload or transmit through this website any computer viruses, macro viruses, Trojan horses, worms, or anything designed to interfere with or disrupt the normal operating procedures of a computer; (iii) upload or transmit through this website any material which is defamatory, offensive or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety; (iv) use this website in a way that may cause this website to be interrupted, damaged or rendered less efficient, or may impair the effectiveness or functionality of this website; (v) use this website in any manner which violates or infringes the rights or any person, firm or company (including but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy); or (vi) interfere with or diminish (whether by act or omission) inovia's right, title and interest (or that of our licensors) in the website and the products and services available on it.
Except as permitted through the Services (or these Terms), you have to use the inovia platform if you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the information or Services.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, inovia's computer systems, or the technical delivery systems of inovia's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by inovia (and only pursuant to the Terms), unless you have been specifically allowed to do so in a separate agreement with inovia; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by acting in such a manner as to interfere with or create an undue burden on the Services.
The Services are Available "AS-IS"
Your access to and use of the Services or any information is at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, INOVIA DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any information thereon. inovia will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any information. You also agree that inovia has no responsibility or liability for the deletion of, or the failure to store or to transmit, any information and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from inovia or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by inovia of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Your Account & Password
You agree to provide accurate and complete information ("Registration Data") when you establish an account ("Account") with inovia, and as you use the Services, and you agree to update your Registration Data to keep it accurate and complete. You agree that inovia may store and use the Registration Data you provide for use in maintaining and billing fees to your Account.
You agree not to reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify inovia of any security breach of your Account. inovia shall not be responsible for any losses arising out of the unauthorized use of your Account.
You understand that through your use of the Services you consent to the collection and use of any information you provide, including the transfer of this information to the United States and/or other countries for storage, processing and use by inovia. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your inovia Account, which you may not be able to opt-out from receiving.
You undertake to (i) promptly answer all questions, including those asked by our Agents or Associates; (ii) promptly return all forms, including signed Power of Attorney forms, to inovia or our nominated Agents or Associates; (iii) ensure that the contact person within your organization, identified by the e-mail address, and who instructs inovia has the authority to place such orders and to bind your organization to the payment of the amount as stated in the invoice; and (iv) accept our Terms of Service.
Whilst inovia endeavors to calculate the costs of filing your patent application correctly in our quotation of estimated costs ("Estimate"), we do not guarantee the accuracy of these numbers or any Estimate produced on these numbers. Before placing an order you should verify the accuracy of the inputs.
You agree that (i) no Estimate given by the Company shall constitute an offer. Any order for the supply of Services shall not be binding upon the Company until accepted by the Company; and (ii) prices given in any Estimate by the Company are applicable to that case only and will not apply in any other instance.
Estimates assume that orders will be received in good time before any relevant patent office deadlines. Late orders may require additional late fees, which are not shown in Estimates.
Patent specifications containing tables, formulae or other aspects requiring special formatting may not be accurately calculated in the automated estimate calculations. In these cases you may choose to manually enter the number of words or ask us to help calculate these for you.
Whilst most parameters of your patent are automatically calculated, some elements such as the number of independent claims or the location of the patent office conducting the international examination cannot be calculated, and hence we apply some assumptions in order to produce your Estimate. If your patent specification includes sequence listings, surcharges may apply in some countries.
Estimates for national phase entry do not include renewal fees which may be due at or immediately after filing in some jurisdictions.
Our fees are subject to change at any time, without prior notice. You agree to pay us in the currency we indicate on our invoices, in the methods shown. You agree to comply with the deadlines indicated on our communications. Late payment or late authorization may require us to reissue the invoices including late fees, or to cancel your order.
inovia reserves the right to issue a subsequent invoice if, between the time an order is placed and the time an application enters the national phase, or a European patent is validated, the patent office of the receiving country increases the relevant government fees.
Whilst we try to accommodate urgent and late instructions, late fees may be applied where insufficient time remains to complete a translation or filing before a deadline without applying for an official extension or causing work to be rushed or extra resources employed. Where late fees are needed they will be clearly indicated in your invoices.
You agree to sign any required power of attorney documents or other documents and send them to the inovia agents before the relevant due dates. Failure to send these signed documents by the deadlines may result in the agents charging you for the cost of the action of attending to the separate filing of these documents.
A request to cancel an order may be made by you at any time. inovia may approve this request (including the imposition of any cancellation fees) at its absolute discretion. Such approval shall not be unreasonably withheld taking into account such factors as whether the order has been paid for, whether inovia has made any irrevocable instructions in respect of the order, and whether inovia has incurred any irrevocable costs in respect of the order. You acknowledge that your instruction to inovia to file patent applications on your behalf does not guarantee the eventual success of your patent application. Whether or not your application is granted is a matter for the patent offices in your chosen countries and is outside of the control of inovia and its agents.
inovia charges a small foreign exchange fee on top of the daily exchange rate when calculating fees in other currencies. As these fees are typically several thousand dollars, we need to charge this fee to compensate for our currency conversion costs and to help defray exchange rate fluctuations between the date we issue our invoice and the date we pay the fees to the patent offices and foreign attorneys.
Should you fail to make due payment for any Services supplied by inovia or commit a breach of any of the Terms, or being a natural person commit an act of bankruptcy, or being a corporation by act or omission enables the appointment of an administrator, scheme manager, trustee, official manager, receiver, receiver and manager, liquidator or any other person authorized to enter into possession or assume control of any property pursuant to a mortgage or other security, inovia may, without prejudice to any other rights it may have, do any or all of the following (i) withdraw any credit facilities which may have been extended to you and require immediate payment of all moneys owing or accrued; (ii) withhold any further performance of Services required under the accepted order; or (iii) suspend and/or terminate performance of any Services which inovia has with you. You shall be liable for all costs associated with the exercise by inovia of its rights under this clause, which shall be repayable on demand.
By using Services supplied by inovia and our Agents and Associates to file patent applications and associated papers such as assignments, preliminary amendments and translations, you agree not to assert that a conflict is created which would thereby preclude the Agent or Associate from representing other clients in matters relating to a patent application in the selected countries. After filing, you and the Agent or Associate will determine whether or not a conflict exists which would preclude the Agent or Associate from performing substantive legal services for the patent owner. In the event a conflict exists, the Agent or Associate will transfer the application file to counsel of the patent owner's selection.
Any disputes between the parties arising from the performance of the provisions of these Terms of Service must be settled through friendly consultation by the parties. All disputes arising in respect of these Terms of Service which are not resolved within thirty (30) days of first arising will be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce by a single arbitrator appointed in accordance with the said Rules. The place of arbitration will be the State from which the Services are sold by the Company ("the State"). The procedural law applicable to the arbitration will be that of the State. The decision of the arbitration is final and binding upon both parties.
The Company shall not be liable for any claims for non-fulfillment should actual performance of the Services or any parts be delayed in consequence of unforeseen events such as strikes, unforeseen breakdown of computer systems (save where caused by improper maintenance or operation by untrained personnel), suspension of electricity or other relevant power supply, riots, war, robbery, civil commotion, adverse non foreseeable weather conditions, disaster caused by fire and/or water, or action of government.
Limitation of Liability
To the maximum extent permitted by applicable law, inovia and its subsidiaries, affiliates, officers, employees, agents, partners, associates and licensors will not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services except in the case of gross negligence or fraud on the part of inovia; (ii) any content obtained from the services; and (iii) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not inovia has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Waiver and Severability
The failure of inovia to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
All information contained within this website is provided for general information purposes only and on the understanding that none of the content herein constitutes legal or other professional advice. The application and impact of laws can vary widely depending on the specific facts involved.
inovia has made every attempt to ensure that all information contained within this website has been obtained from reliable sources, but all such information is provided "as is", with no guarantee of completeness or accuracy. inovia provides no warranty of any kind, express or implied, as regards the information herein, and disclaims all liability and responsibility for any loss that may arise from reliance on information contained within this website. In the case of a specific problem or query, professional advice should be sought.
These Terms (www.inovia.com/terms-service), are the entire and exclusive agreement between inovia and you regarding the Services (excluding any services for which you have a separate agreement with inovia that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between inovia and you regarding the Services.
We may revise these Terms from time to time; the most current version will always be at www.inovia.com/terms-service. If the revision, in our sole discretion, is material we will notify you via an e-mail to the email associated with your Account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms, please contact inovia at email@example.com.
Effective: June 19, 2012