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Agreed upon Terms and Conditions
This agreement represents the
complete understanding between IP Data
Corporation (hereinafter referred to as IP DATA) and you, the account
holder (hereinafter
referred to as ACCOUNT HOLDER), and supersedes any other written
or oral agreement. Upon notice published online on this web site, IP
DATA 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 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 work hard to make sure that you are.
Provision of Services and Products
IP DATA will provide services on
its host computing systems to
allow ACCOUNT
HOLDER
to order patents and various patent related publications and books in
several electronic formats either for download, or on CD or DVD, and to
order and have printed books and documents shipped to your location or
a location
you specify, and to perform various search functions and
return results, all
to the best of our ability. These services are in exchange for
payment of the advertised fees and/or product prices in compliance with
the
terms and conditions of this agreement. 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, IP DATA
will provide the opportunity to specify that ACCOUNT HOLDER be notified
when shipping and handling costs are calculated prior to shipping and
finalizing
the order.
Accuracy of Information, Documents, Publications and
Services
IP DATA will strive to ensure that
the documents and publications
we provide are up to date, accurate and in good condition. Most of the
information that IP DATA sells
is derived from large inventories purchased from the U.S. government
and IP DATA uses it's proprietary software to further improve the
quality
of portions of these documents, but IP DATA will not knowingly change
the contents 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
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
a patent applicant, 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 all misspellings in such 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 the ACCOUNT HOLDER 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 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 ACCOUNT HOLDER's 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
(usually also the invoice 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 may accrue as follows: A finance
charge of 1.5% per month on all outstanding balances past the
final
due date will be added to ACCOUNT HOLDER's account as a separate line
item. These
finance charges may be waived under certain circumstances, but you
usually must
speak to someone in our offices for a waiver. ACCOUNT HOLDER is only charged
for the documents you receive and any applicable shipping and handling
charges, and you can always call IP DATA for a credit or assistance if
there
is any kind of problem with the document or our services. 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 Results, Physical Documents
and Publications
IP DATA ships printed publications
and documents via traceable
means (e.g.,
UPS) unless another method has been agreed upon in
advance. IP DATA will not be responsible for delivery
failure
and delays in delivery caused by third party shipping companies (which
is rare). IP DATA also returns documents, links to documents and search
results, and IP DATA 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 cannot, and shall not guarantee
that
its electronic services, host computer download facilities, or email
services
will be available 100% of the time, but we do assure you that we will
strive
for 100% availability for times other than during our normal weekly
maintenance window. This window is once each week on Sunday afternoon
from 2:00 PM through 9:00 PM Eastern Time. And even during this window,
services may
still be available.
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 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 various patent
authorities and it is
not possible to examine every page of every document we receive (we add
over 20,000 new publications to our inventories each week). The books
in our Government Publications Series are assigned ISBN numbers
and they may have certain enhancements or editorial additions that are
copyrighted,
such as an added table of contents or an index where none
existed in the original government published version, therefore, you
must get our permission in writing to make copies of these publications.
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 shall 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 happy 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. Either way, will cooperate with authorities to prosecute those
that perpetrated the theft using your identification. Our credit card
purchases are fully encrypted for
security, but general download of data products are not in order to
achieve maximum processing and download speed. However, if you require
a secure, encrypted channel for downloads, 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
in
Florida with venue to be in the Central
District of Orlando, Orange County.
Copyright 2009 IP Data Corp. ALL RIGHTS RESERVED
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