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Agreed
upon Terms and Conditions
This agreement represents the complete understanding
between Patent File History and IP Document Services
(hereinafter referred to as DPS) 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, DPS 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 DPS signifies your
agreement to these terms and conditions, but, if you
decide you do not agree with them, please contact
our Accounting Department at 800-741-3117,
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
DPS 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, DPS 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
DPS 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 DPS sells is
derived from large inventories purchased from the
U.S. government and DPS uses it's proprietary
software to further improve the quality of portions
of these documents, but DPS 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,
DPS 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 DPS 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
DPS ships
printed publications and documents via traceable
means (e.g., UPS) unless another method has
been agreed upon in advance. DPS will not be
responsible for delivery failure and delays in
delivery caused by third party shipping companies
(which is rare). DPS also returns documents, links
to documents and search results, and DPS 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, DPS 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 DPS 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 Commonwealth of
Virginia and shall be interpreted and
construed in accordance with the laws of the Commonwealth of
Virginia 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
Commonwealth of Virginia 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 Virginia with venue to be in the Northern
District of Alexandria in Fairfax County.
Copyright 2011 Digital Patent
Services - ALL RIGHTS RESERVED
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