INFORMATION IS “AS IS”
Our Site provides information regarding Contests as well as other Services that may be helpful to our Researchers. All content on our Site is provided "as is" and for your information only. We are not liable for any informational errors, incompleteness, delays or any actions taken in reliance on information contained on the Site. Company cannot and does not guarantee that any Contest or content on the Site will be entirely accurate or up-to date at all times as the information on the Site originates from various sources, which may or may not be within the control of Company. For patent matters, the information provided on the Site does not represent the opinions of the United States Patent and Trademark Office ("USPTO") or the inventor or holder of the patent rights.
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ELIGIBLE RESEARCHER ACCOUNTS
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Your Information and Content. Any information you provide to Company or other users during your registration or use of the Site (in any public message area, through any mail feature, or otherwise generated out of your use of the Site or the Services), is subject to the following:
(a) You are solely responsible for the content of your information, postings or Responses. Company reserves the right to take any action with respect to such information that it deems necessary or appropriate in its sole discretion for any reason, including if Company believes information is inappropriate for the Site or the Services, may create liability for Company, or may cause Company to lose (in whole or in part) the services of its Internet service provider, advertisers or other suppliers.
(b) You agree that your information will be accurate and will not, to the best of your knowledge: (i) violate any duty owed to a present employer or past employer; (ii) infringe any third party’s copyright, trademark, patent, trade secret other proprietary rights or rights of publicity or privacy, or breach any confidentiality obligation preventing its publication, and you will request removal of such information should you discover that you have violated this provision; (iii) violate any law (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); or (iv) be libelous, defamatory, obscene, abusive, violate a third party’s right to privacy, otherwise violate any applicable local, state, national or international law, amount to spamming or be otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate, unlawfully threaten, unlawfully harass or incite violence are also prohibited. You also may not publish any personal information about yourself or anyone else (for example telephone number or home address). Further, you may not impersonate others. The information you provide reflects your opinions alone and not those of Company or any third party or governmental entity.
(c) By submitting any content to Company, you warrant that such is your own original work or that the information is publicly available, and that you have the right to make it available to Company for all purposes. You agree not to disclose or submit any information you are under a contractual or other legal obligation to maintain in confidence, or otherwise do not have the right to disclose.
(d) If you submit a Response, you agree that you are the source of the submitted Response and that you are not submitting it on behalf of a third party who otherwise would be prohibited from submitting the same due to any legal limitation, or any contractual, fiduciary or other duty owed to any third party, and further that you are free (legally or otherwise) to make the disclosure. You also agree that your Response is subject to the additional requirements set forth in that particular Contest.
AGREEMENT TO BE BOUND
You may be asked to make legally binding agreements, warranties and representations to Company and you agree to do so, truthfully and completely, and to be bound by such agreements, warranties and representations.
CONDITIONS REGARDING CONTENT
You understand and agree that Company is not responsible for any content posted by you or third parties. You further understand that Company does not monitor the content posted by other users.
Company may monitor user-generated content as it chooses in its discretion and reserves the right to remove, edit or otherwise alter content that we deem inappropriate for any reason whatsoever without notice. Company also reserves the right, in our sole discretion, to remove a user’s privilege to post content on our Site.
DISCLOSURE OF CONFIDENTIAL INFORMATION
You agree that you will not disclose to the Company any information you are under a contractual or other legal obligation to maintain in confidence, or otherwise do not have the right to disclose. You agree that you will not discuss or disclose any confidential information of Company to a third party.
If you are a Researcher, you agree to abide by other limitations on the use of Confidential Information as provided in our Researcher Agreement.
USE OF YOUR CONTENT
ACCURACY OF INFORMATION
Company cannot and does not guarantee the accuracy of any information in any Contest description or any announcement of the outcome of any Contest. Company will not knowingly post inaccurate information.
You as Researcher or user of this Site, hereby release Company from all claims of any kind arising out of or related to any information provided or included on the Site or any Contest.
PAYMENT OF REWARDS/COMPENSATION
Payment of Rewards or other forms of compensation, if any, will be at the sole discretion of Company. The terms and conditions pertaining to any Rewards or any other form of compensation are set forth in each individual Contest and the Researcher Agreement.
INTERACTIONS WITH THE USPTO OR WITH PATENT APPLICANTS
Users of this Site shall not contact a patent owner, holder or applicant, any USPTO (or other governmental entity) representative or any third parties associated with a Contest, for any information or clarification with regard to any Contest, or otherwise in connection with any Contest, and Response to a Contest, or other activity or use whatsoever in connection with this Site.
THIRD PARTY CONTENT PROVIDERS
This Site may contain links to third-party websites that are not under the control of Company. The inclusion of any such link is not an endorsement, approval or assumption of any responsibility by Company of any such other sites. Company makes no representations whatsoever about any other website, including the quality, safety, accuracy or suitability of the content contained therein. Access to any non-Company website is at your own risk. Company is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements contained on other websites or for the quality of any products or services available on such sites. Company provides links merely as a convenience and does not incorporate any materials appearing in another website by reference.
NO THIRD PARTY RELIANCE
OWNERSHIP AND LIMITED LICENSE
Company is a registered trademark of Company Inc. All content on this Site is protected by domestic and international laws and treaties, including, without limitation, U.S. and international copyright and other intellectual property laws and rights.
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You agree that Company may modify or discontinue the Site and the Service or your license or permission to use the same without any notice to you, and that Company shall not be liable for any such modification or discontinuance.
In no event shall any user publish, retransmit, redistribute or otherwise reproduce any Company information in any format to anyone, and no user shall use any Company information in connection with any business or commercial enterprise, including, without limitation, any securities, investment, accounting, banking, legal or media business or enterprise.
RESTRICTIONS ON USE
COMPLIANCE WITH RULES
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You are solely responsible for compliance with all applicable laws and regulations regarding your use of the Site, the Services and the transfer of the technologies or information with which you are involved, including without limitation, import/export requirements, and Company expressly disclaims any liability or responsibility thereto.
The foregoing rights and remedies are cumulative rather than exclusive and may be exercised concurrently or consecutively upon the occurrence of the breach or at any time thereafter, without advance notice to you or any opportunity or time period to cure the alleged breach. Delay in failure to exercise any right or remedy, or to enforce or require strict observance of any terms or conditions shall not constitute a waiver of, or impair, affect or limit the ability to enforce in the future, any right, remedy, term or condition.
INDEMNIFICATION AND LIABILITY
We reserve the right to assume the exclusive defense and control of any claim for which you are required to indemnify us (including the right to select and retain counsel), and you agree to cooperate with our defense of any such claim.
Company shall not be liable to you or required to indemnify you for any Claims and Losses suffered or incurred by you in any way, including as a result of third party claims arising out of or relating to your use of our Site (including any activities posted on our Site or any Response to a Contest). Under no circumstances will Company be liable for any loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill, injury to reputation, or any other indirect, special, incidental, punitive or consequential damages, or for any other damages in excess of $100 regardless of cause.
NO WARRANTIES OR LIABILITIES
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED ON AN “AS IS” “WHERE IS” BASIS. COMPANY MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR ANY OTHER WARRANTY THAT THESE PAGES, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED REGARDLESS OF ANY PRIOR COURSE OF DEALINGS BETWEEN THE PARTIES OR ANY INDUSTRY PRACTICES.
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IN STATES THAT DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.