AGREEMENT BETWEEN USER AND TAEUS Global Patent Syndicate LLC (‘TAEUS’)

Use of the TAEUS Global Patent Syndicate Web Site (‘TAEUS-GPS’) is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. If you do not agree with such terms, conditions, and notices do not use the TAEUS Global Patent Syndicate Web Site. Your use of the TAEUS GPS constitutes your agreement to all such terms, conditions, and notices.

 

MODIFICATION OF THESE TERMS OF USE
TAEUS reserves the right to change the terms, conditions, and notices under which access to and use of the TAEUS-GPS is offered, including but not limited to any charges associated with such access and use.

 

PERMITTED USE
You may use the TAEUS-GPS only for the activities contemplated by and permitted on the TAEUS-GPS involving the offering for sale or license of intellectual property rights (‘IP rights’) and searching for IP rights listed as available for sale or license (‘IP Rights Listings’), and any other activities which you are permitted to conduct on the TAEUS-GPS as further set out in any other specific agreement between you and TAEUS, such as a Membership Agreement.

 

LINKS TO THIRD PARTY SITES
The TAEUS-GPS contains links to other web sites ("Linked Sites"). The Linked Sites are not under the control of TAEUS and TAEUS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TAEUS is not responsible for webcasting or any other form of transmission received from any Linked Site. TAEUS-GPS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TAEUS-GPS of the site or any association with its operators.

Any interactions, contacts, transactions or business relations (’Interactions’) between parties introduced to one another via the TAEUS-GPS or a Linked Site are the sole responsibility and affair of such parties and TAEUS will in no way be implicated in or liable for any loss or damage of any sort incurred as a result of any such Interactions. It is the sole responsibility of such parties to conduct any due diligence activities or investigations as they, in their own discretion, consider appropriate in the context of such Interactions. Any disputes arising between users of the TAEUS-GPS or between users and third parties, including without limitation Linked Sites, are the responsibility of such entities alone, and TAEUS shall have no obligation to become involved. You hereby release TAEUS, its affiliates, officers, directors, employees, agents and successors from any claims, demands and damages of any kind arising out of or in any way related to such disputes or the use of the TAEUS-GPS. You hereby waive any law in your jurisdiction that states otherwise and may be waived.

TAEUS does not represent or warrant that the content of the TAEUS-GPS, whether provided by TAEUS or other participants in and users of the TAEUS-GPS is accurate, timely, correct or error-free and you are not entitled to rely on the accuracy, timeliness, correctness or freedom from error of any such content. You are responsible to conduct your own due diligence on such content. TAEUS will under no circumstances be responsible or liable for the accuracy, timeliness, correctness or freedom from error of any such content, or for any loss or damage whatsoever arising from or connected with it.

The content of any IP Rights Listing posted on or accessible through the TAEUS-GPS has been provided by the party listing such information and has not been vetted, approved, confirmed or investigated by TAEUS. The originator of each IP Rights Listing is wholly responsible for the contents of any IP Rights Listing submitted by it to the TAEUS-GPS. TAEUS makes no representations or warranties with respect to any of the information or IP rights contained in any IP Rights Listing, and shall have no liability in respect thereof. You are responsible to conduct your own due diligence on such content and IP rights. TAEUS will under no circumstances be responsible or liable for the accuracy, timeliness, correctness or freedom from error of any such content, or for any loss or damage whatsoever arising from or connected with it.

 

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the TAEUS-GPS, you warrant to TAEUS that you will not use the TAEUS-GPS for any purpose that is unlawful or prohibited by these terms, conditions, and notices, as modified from time to time. You may not use the TAEUS-GPS in any manner which could damage, disable, overburden, or impair the TAEUS-GPS or interfere with any other party's use and enjoyment of the TAEUS-GPS. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the TAEUS-GPS.

You may not use the TAEUS-GPS for any collection, aggregation, copying, duplication, display or derivative use of data; nor for any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by TAEUS. General-purpose Internet search engines and non- commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the TAEUS-GPS are permitted to do so only for such purpose.

By using the TAEUS-GPS, you agree not to:

• Contact any other user who has asked not to be contacted.
• Collect personal or identifying data about any other user for commercial or unlawful purposes or without the consent of that individual.
• Use data mining tools, robots, spiders, web-crawlers or other automated methods of data collection to acquire data from TAEUS-GPS or it Members or users.

 

USE OF COMMUNICATION SERVICES
The TAEUS-GPS may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. ?
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information. ?
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents. ?
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer. ?
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages. ?
• Conduct or forward surveys, contests, pyramid schemes or chain letters. ?
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner. ?
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. ?
• Restrict or inhibit any other user from using and enjoying the Communication Services. ?
• Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service. ?
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent. ?
• Violate any applicable laws or regulations.
• Post, e-mail or otherwise make available content that:
• Is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, and invasive of another's privacy.
• Impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity.
• Includes personal or identifying information about another person without that person's explicit written consent.
• Is false, deceptive, misleading or deceitful.
• Infringes any IP or other proprietary rights of any party.
• You do not have a right to make available under any law or under contractual or fiduciary relationship.
• Advertises any illegal service or the sale of any items or IP rights, the sale of which is prohibited or restricted under any applicable law.
• Negatively affects other users' ability to use the TAEUS-GPS.
• Employs misleading e-mail addresses, forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the TAEUS-GPS.

TAEUS has no obligation to monitor the Communication Services. However, TAEUS reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. TAEUS reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any or no reason whatsoever.

TAEUS reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in TAEUS' sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. TAEUS does not control or endorse the content, messages or information found in any Communication Service and, therefore, TAEUS specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized TAEUS spokespersons, and their views do not necessarily reflect those of TAEUS.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

 

MATERIALS PROVIDED TO TAEUS OR POSTED AT TAEUS-GPS

TAEUS does not claim ownership of the materials you provide to TAEUS (including without limitation IP Rights Listings, feedback and suggestions) or post, upload, input or submit to TAEUS-GPS or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting TAEUS, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. TAEUS is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in TAEUS’ sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
You acknowledge that TAEUS has no duty to pre-screen or approve the content of your Submission, but that TAEUS shall have the right (but not the obligation) in its sole discretion to refuse or delete any Submission that is posted on or made available via the TAEUS-GPS for any reason.

All Submissions posted on, transmitted through, or linked from, the TAEUS-GPS, are the sole responsibility of the Originator of such Submission. For instance, if you submit an IP Rights Listing to the TAEUS-GPS, you are entirely responsible for the content that of that IP Rights Listing. You understand that the TAEUS-GPS does not control, and is not responsible for, the information or content of any IP Rights Listing or other Submission made available through the TAEUS-GPS, and that by using the TAEUS-GPS, you may be exposed to information or content that may be inaccurate, misleading, invalid or otherwise objectionable. Furthermore, information or content available through the TAEUS-GPS may contain links to Linked Sites, which are completely independent of the TAEUS-GPS. TAEUS-GPS makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other sites is at your own risk.

TAEUS may place limits on the use of the TAEUS-GPS, for instance, limiting the time of retention of listings or postings, the permissible size of a posting, e-mail message, or other Submission that may be transmitted or stored on the TAEUS-GPS. You agree that TAEUS has no responsibility or liability for the deletion or failure to store any Submission or other content contained on or transmitted via the TAEUS-GPS. You acknowledge that TAEUS reserves the right at any time to modify or discontinue the TAEUS-GPS (or any part thereof) without notice, and that TAEUS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the TAEUS-GPS.

 

LIABILITY DISCLAIMER
You agree that your use of the TAEUS-GPS is entirely at your own risk. The information, software, products, and services included in or available through the TAEUS-GPS may include inaccuracies or typographical errors. Changes are periodically added to the information herein. TAEUS and/or its suppliers may make improvements and/or changes in the TAEUS-GPS at any time. Advice received via the TAEUS-GPS should not be relied upon for personal, business, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

TAEUS and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the TAEUS-GPS for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. TAEUS and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall TAEUS and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the TAEUS-GPS, with the delay or inability to use the TAEUS-GPS or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the TAEUS-GPS, or otherwise arising out of the use of the TAEUS-GPS, whether based on contract, tort, negligence, strict liability or otherwise, even if TAEUS or any of its suppliers has been advised of the possibility of damages.

Such limitation shall also apply with respect to damages incurred by reason of any IP Rights, services or products received through or advertised in connection with the TAEUS-GPS or any links on the TAEUS-GPS, as well as by reason of any information or advice received through or advertised in connection with the TAEUS-GPS or any links on the TAEUS-GPS. These limitations shall apply to the fullest extent permitted by law. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, parts of the above limitation may not apply to you. If you are dissatisfied with any portion of the TAEUS-GPS, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the TAEUS-GPS.

 

TERMINATION/ACCESS RESTRICTION?
TAEUS reserves the right, in its sole discretion, to terminate your access to the TAEUS-GPS and the related services or any portion thereof, to block your email or IP address, or discard any of your Submissions, at any time, without notice. TAEUS shall not be liable to you or any third-party for any such removal, blocking or termination, and you agree not to attempt to circumvent these restrictions or to use the TAEUS-GPS after said termination. Any provisions necessary to interpret your and TAEUS’ respective rights and obligations hereunder shall survive any termination of these Terms.

 

GENERAL
This agreement is governed by the laws of the State of Colorado, U.S.A., excluding any principles of conflicts of laws, and you hereby consent to the exclusive jurisdiction and venue of the courts in Colorado Springs and Denver, Colorado, U.S.A. in all disputes arising out of or relating to the use of the TAEUS-GPS. Use of the TAEUS-GPS is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and TAEUS as a result of this agreement or your use of the TAEUS-GPS.

TAEUS’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TAEUS’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the TAEUS-GPS or information provided to or gathered by TAEUS with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 the agreement shall continue in effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the TAEUS-GPS must be filed within one year after such claim or cause of action arose or be forever barred.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and TAEUS with respect to the TAEUS-GPS and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TAEUS with respect to the TAEUS-GPS. This agreement specifically contemplates that the user may enter into another agreement with TAEUS in respect of the TAEUS-GPS, such as a Membership, Subscription, IP Rights Listing or IP Originator Agreement, into which the terms and conditions of this agreement shall be incorporated by reference. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English. ?

 

INDEMNITY
You agree to defend, indemnify, and hold harmless TAEUS and its affiliates, and their respective officers, directors, employees and agents from and against any losses, liabilities, damages, costs, and expenses, including, without limitation, reasonable legal, expert and other professional fees, incurred in connection with any claims, actions or demands alleging or resulting from your use of the TAEUS-GPS, your breach of these Terms, or your violation of applicable law or of the rights of any third party.

 

INTELLECTUAL PROPERTY
COPYRIGHT: The TAEUS-GPS and its content are protected under US and international copyright laws, and all rights therein are reserved to TAEUS. You acknowledge and agree that you will not reproduce, redistribute, broadcast, modify, create derivative works from or use in any way the TAESU-GPS or its content except in strict compliance with these Terms of Use and any other agreement which you may enter into with TAEUS. Proprietary rights in information contained in Submissions, IP Rights Listings and other content provided by you and other users of the TAEUS-GPS, including without limitation Members or Originators, will remain in the owner of that information. By submitting such information to the TAEUS-GPS, you are granting to TAEUS a non-exclusive, paid-up, perpetual and irrevocable world-wide license to copy, reproduce, publish, broadcast, distribute, display, perform, and use such proprietary information, including the right to create derivative works from and to incorporate into other works, compilations and collective works. ? You represent and warrant to TAEUS that you have the full rights to grant such license. ?
TRADEMARKS: ?The names of companies and products displayed on the TAEUS-GPS are the trademarks of their respective owners. ??’TAEUS-GPS’ and ‘TAEUS Global Patent Syndicate’ are the trademarks of TAEUS. ?Any rights not expressly granted herein are reserved. ??
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT?Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.