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Agreed upon Terms and Conditions
This agreement represents the complete understanding between IP Data
Corporation. and you, the account holder, and supersedes any other written
or oral agreement. Upon notice published online on this web site, IP Data
Corp. can modify or amplify these terms and conditions, modify service
prices, as well as discontinue or change any of the services or products
offered. This will generally be for new products and product improvements.
Continued use of your account with IP Data Corp. signifies your agreement
to these terms and conditions, but, if you decide you do not agree with
them, please contact our Accounting Department at 800-832-2823,
so we may finalize and initiate the closure of your account. We want
satisfied customers, and we will work hard to make sure that you are.
Provision of Services and Products
IP Data Corp. will provide services on its host computing systems to
allow account holders to order and download documents or publications in
various electronic formats, or to order and have printed documents or other
media such as CD-ROM and DVD-ROM shipped to your location or a location
you specify to the best of our ability. This service is in exchange for
payment of the advertised fees or product prices in compliance with the
terms and conditions of this agreement. The account holder is responsible
for shipping and handling costs and these costs will be specified at the
time of purchase if at all possible. If this is not possible, you
will be given the opportunity to specify that you desire to be notified
when shipping and handling costs are calculated prior to shipping and finalizing
the total order.
Accuracy of Information, Documents, Publications and Services
IP Data Corp. will strive to ensure that the documents and publications
we provide are up to date, accurate and in good condition, to the best
of our ability. Most of the information that IP Data Corp. sells
is derived from large inventories purchased from the U.S. government and
IP Data Corp. uses it's proprietary software to further improve the quality
of portions of these documents, but IP Data Corp. will not knowingly change
the content of these documents and publications because we understand the
legal implications of doing so. Because of the sheer volume of data, and
the fact that many of the documents we receive from the U.S. government
and other government sources are defective upon receipt, IP Data Corp.
will not be held responsible for the accuracy of the contents of the documents
or publications. For instance if there was a misspelling in an original
patent document we received from the U.S. government, that misspelling
will remain exactly as it was found when we received it (e.g., made by
the patent examiner, publications author, etc.). We may, however, add the
corrected word to an electronic index so it can be found in search systems,
but we can't be sure we've found them all in these cases. We have reported,
and will continue to report problems we find with documents and publications
to the proper authorities, but we must pass them on to you exactly as they
come from the source provider. To do otherwise means that we would be changing
a legal document that we do not have the authority to change. We ask that
you report obvious problems to us, and we will pass them on to the proper
authority as necessary and confirm this to you, if you desire. If you receive
a defective document and the original document we receive is also defective,
we will attempt to resolve this by acquiring a new copy of the document
at
no additional charge to you. We ask that you notify us of the defective
document, and it will be your choice whether you want a credit or
a replacement document.
Payment Terms and Conditions of Non Payment
The payment terms of your account specify that the Net Unpaid Balance
is Due 30 days from the date of each purchase with an additional grace
period totaling the number of days from the purchase date to the end of
the purchase month. Note that this is from the shipping date, and
not the order date. For example, payment for an item purchased and
shipped on May 15th would be absolutely due in our offices by June 30th.
After that date, finance charges will accrue as follows: A finance
charge of 1.5% per month on all outstanding balances past the final
due date will be added to your account as a separate line item. These
finance charges may be waived under certain circumstances, but you must
speak to someone in our offices for a waiver. You are only charged
for the documents you receive and any applicable shipping and handling
charges, and you can always calls us for a credit or assistance if there
is any kind of problem with the document or our service. We care about
you and the quality of service we provide. Unpaid accounts with balances
over $100.00 U.S. past 90 days may be sent to a collection agency.
Delivery of Electronic and Physical Documents and Publications
IP Data Corp. ships printed publications and documents via traceable
means (e.g., UPS) unless another method has been agreed upon in
advance. IP Data Corp. will not be responsible for delivery failure
and delays in delivery caused by third party shipping companies (which
is rare). IP Data Corp. will not be responsible for the speed and/or accuracy
of the "Internet" connection established for the transmission of purchased
documents or publications. We request that you notify us if you detect
reduced delivery speeds, or other problems while using your services via
the Internet and we will do everything reasonable within our power to correct
or fix the problem, or find out where the fault exists. Because of the
nature of the Internet, IP Data Corp. cannot, and will not guarantee that
its electronic services, host computer download facilities, or email services
will be available 100% of the time, but we assure you that we will strive
for 100% availability.
Licensing and Use of Purchased Documents and Publications
US Patent documents are public domain by their very nature, and you
are welcome to keep them, redistribute or even sell them, if you so desire.
Be aware that IP Data Corp. will not be responsible for the contents and
accuracy of any of these documents, even if we have enhanced them by removing
noise, deskewing (straightening) crooked scanned documents, improving readability,
etc. Quite often we receive damaged documents from the USPTO and it is
not possible to examine every page of every document we receive. Some of
our Government Publications Series books have enhancements that
are copyrighted, such as an added table of contents or an index where none
existed in the original government published version, therefore, you should
check with us before copying these documents for redistribution.
Passwords and Confidential Account Information.
You are expected to keep your provided password or PIN (Personal Identification
Number) confidential. If you suspect your password or PIN has been compromised,
you should request a new one as soon as possible, and you must advise us
if you suspect purchases were made by someone other than yourself using
your user ID and PIN or password. We record certain pieces of technical
information on purchases and logons such as the Internet Protocol (IP)
address and the terminal type that were used for the transaction. We can
possibly tell if your account has been compromised if you advise us that
purchases were made by someone other than you. If this happens, we will
be glad to fully credit your account and assign you new logon credentials.
We may even be able to tell who it was, or at least where it originated
(city, state, country, or even the street address), but we can not guarantee
this. Currently, only our credit card purchases are fully encrypted for
security. Fully encrypting large amounts of highly compressed electronic
patent data slows the transaction processes down, sometimes quite significantly.
If you absolutely require a secure channel for orders, please calls us
and we will arrange it.
Construction and Lawful Execution
By sending (submitting) this New Account Request, you agree that you
have the authority within your firm or company under the laws of your country
to execute such documents and agreements, or if the account is for you
personally, that you are at least 18 years of age and a legal resident
and citizen of the United States of America. This Agreement shall be deemed
to have been entered into in the State of Florida and shall be interpreted
and construed in accordance with the laws of the State of Florida applicable
to such agreements executed and to be fully performed therein. Each
party hereby agrees to submit to the exclusive in personam jurisdiction
of the courts of the State of Florida for the resolution of all disputes
between them, or, if jurisdictional prerequisites exist at the time, to
the sole and exclusive in personam jurisdiction of the Federal Courts of
Florida with venue to be in the Northern District of Jacksonville, Duval
County.
Copyright 2002 to 2008 IP Data Corp. ALL RIGHTS RESERVED
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