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TERMS AND CONDITIONS
This agreement represents the complete understanding between Discount
Patent Service (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
IDPS 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
IDPS 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 r eplacement
document..
Payment Terms and Conditions of Non
Payments
IThe 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.
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- ALL RIGHTS RESERVED
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