Terms of Service

www.landon-ip.com

Welcome to www.landon-ip.com (the "Website") operated by Landon IP Inc. and its affiliates, located at 1725 Jamieson Avenue, Alexandria, Virginia 22314 ("Landon", "we", "our", or "us"). Your use of Landon’s products, software, services (excluding any services provided to you by Landon under a separate written agreement) and the Website (referred to collectively as the "Services") is subject to these Terms of Service (this "Agreement").


1. Use of Services.

Please read this Agreement carefully before using the Services. By accessing the Services, you acknowledge and agree that you have read this Agreement, are at least eighteen (18) years of age, and wish to be bound by the terms and conditions set forth in the Agreement. If you are not at least eighteen (18) years of age or do not wish to be bound by the Agreement, you are not authorized to use the Services. Additional terms and conditions may apply to certain Services, and your use of such Services indicates your agreement to such terms and conditions. We reserve the right to modify the Agreement at any time. You agree to review the Agreement periodically to be aware of such modifications. You further agree that your continued use of the Services shall be deemed to be your conclusive acceptance of any modified Agreement. We will indicate that changes to this Agreement have been made by updating the date indicated after “Last Modified” at the end of this Agreement. If you do not agree to abide by any modified version of this Agreement, you are not authorized to use the Services. A current version of this Agreement is accessible via the footer of the Website’s homepage. You acknowledge and agree that Landon may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Landon’s sole discretion, without prior notice. You agree to use the Services only for purposes that are permitted by (a) this Agreement and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

2. User Accounts.

2.1 User Registrations; Accurate Information In order to access certain Services, you may need to create a user account on the Website (“Account”). You agree that any information you provide to us will be accurate, complete and current information at all times.

2.2 User ID; Password. Users who create an Account will obtain a user ID and password (collectively, your “Profile”). You agree not to allow any third party to use your Profile to access the Services and to safeguard your Profile so as not to enable any third party to access the Services. You agree to be responsible for failure to safeguard your Profile and allowing any other person or entity to access the Services by using your Profile or otherwise by using your Account. No part of a Profile or Account may be transferred or sold by you to another party. You agree to notify Landon immediately of any unauthorized use of your Profile, Account or the Services. You agree that Landon shall not be liable for any loss that results from the unauthorized use of your Profile or Account, either with or without your knowledge.

2.3 Revocation of User Accounts. You agree that we have the right to cancel your Account and/or revoke your Profile for any reason at any time, in our sole discretion, and you agree that Landon shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, to protect our interests. You acknowledge and agree that if Landon disables access to your Account, you may be prevented from accessing the Services, your Account details or any files or other content which is contained in your Account.


3. Intellectual Property.

The Services contain copyrighted material, trademarks and other proprietary information. Without limiting the scope of Landon’s intellectual property rights, you acknowledge that Landon and/or its licensors own intellectual property rights in (i) the Services; (ii) the content contained within the Services (including the selection, coordination, and arrangement of the Services); and (iii) the trademarks used in connection with the Services. Content available through the Services are for your personal and professional use only and may not be modified, reverse engineered, redistributed, sold, publicly displayed, licensed, rented, or otherwise provided to a third party or commercially exploited except as expressly provided in this Agreement. We do not grant you any license, express or implied, to the intellectual property of Landon except as expressly set forth in this Agreement. We grant you a limited license to redistribute one copy of content available via the Services to each of your co-workers and professional clients. Unless you have agreed otherwise in writing with Landon, nothing in this Agreement gives you a right to use any of Landon’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services.

4. Third Party Content.

Landon re-distributes (but does not publish) certain content supplied by third parties and has no editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including those made in publications made available to you by our Services, are those of the respective author(s) or publisher(s) and not of Landon. Neither Landon nor any third-party provider of information guarantees the accuracy, timely availability, completeness, or usefulness of any content. Under no circumstance will we be liable for any loss or damage caused by your reliance on information obtained through the Services.

5. Purchases.


5.1 Purchase of Certain Services. Certain of our Services are offered for sale through the Website. In the event you wish to purchase any of these Services, you will be asked by Landon or an authorized third party on Landon’s behalf to supply certain information to us such as your full name, address and credit card and/or other billing information. You agree to provide us or such third party with accurate, complete and current information at all times, and to comply with the terms and conditions of any ancillary agreement that you may enter into which governs your purchase of Services. You shall be responsible for all charges made under your Account as well as for any applicable taxes.

5.2 Payment. Your right to any Services that are available is conditional on our receipt of the appropriate payment for such Services. If such payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, or, in the case of billed charges, if prompt payment of our bills is not rendered, you agree that we reserve the right to cancel your order and/or suspend or terminate your Account. Fees are due and payable upon receipt of our invoice.

5.3 Risk of Loss. You acknowledge and agree that your only remedy for failures, delays or interruptions with respect to Services ordered by you is limited to a refund for such Services, in Landon’s sole discretion. All Services are acquired by you “as is” and “where is”.

5.4 Product Descriptions. We attempt to be as accurate as possible in describing Services (including pricing) offered for purchase; however, we do not warrant that all such descriptions are complete, current or error-free.

6. Links.

Landon and/or third parties may provide links to other websites of possible interest to you. Because we have no control over such websites, you acknowledge and agree that we are not responsible for the availability of such websites and do not endorse and are not responsible or liable for any content, advertising, services, software, products, or other materials on or available from such websites. You also acknowledge and agree that Landon shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, software, products, or other materials on or available from such websites. All such websites shall be subject to the policies and procedures of the owner of such websites.

7. Disclaimer for Patent Search Quotes and Reports.

7.1 You understand and agree that Landon may assign its employees or independent contractors to perform patent search Services. Landon will require such employees and independent contractors to sign a confidentiality agreement which will, among other things, prohibit the unauthorized use or disclosure of confidential information and trade secrets. In the event of unauthorized use or disclosure of confidential information and trade secrets by such independent contractors, Landon shall take appropriate legal action against them. However Landon, and its officers and directors, shall not be liable for any such unauthorized use or disclosure of confidential information and trade secrets by independent contractors, and you hereby waive any such claim, demand, or cause of action against Landon, its officers and directors.

7.2 You understand and agree that the results of searches conducted by Landon do not constitute a legal opinion of any kind or nature as to any aspect of the patent or invention. If you desire a legal opinion as to the patentability of any invention or the validity or enforceability of any patent, you are invited to obtain legal counsel for this purpose. Landon’s patent searches are based solely on public information made available by the United States Patent and Trademark Office (“USPTO”) and by certain proprietary database providers, which may include, but are not limited to, MINESOFT PATBASE, MICROPATENT PATENTWEB, THOMSON INNOVATION, QUESTAL QPAT, USPTO EAST SYSTEM, INNOGRAPHY, DELPHION, DERWENT, GENOMEQUEST, LEXISNEXIS TOTALPATENT, STN, ELSEVIER ENGINEERING VILLAGE, DOW JONES FACTIVA, KNOVEL, IEEE XPLORE, ACM, DIALOG, and others, up to and including the date of the patent search, and assume the proper recordation and indexing of all such information. Relevant patent information filed with the USPTO but not yet made available for public scrutiny, or information which has not been properly recorded or indexed, may not be taken into account for purposes of the patent searches and Landon assumes no responsibility for discovering or disclosing such information as part of any patent search.

7.3 You agree that Landon has no liability of any kind or nature for failing to provide you with (i) information submitted to the USPTO, EPO, JPO and/or any other patent granting authority, but not yet available to the public, (ii) information submitted to the USPTO, EPO, JPO and/or any patent granting authority not properly indexed or recorded, or (iii) patent information disclosed by the USPTO, EPO, JPO and/or any patent granting authority after the date stated on the patent search.

7.4 Any assessments made by our patent analysts relating to the documents cited in a Patent Search Report are based upon the analyst's interpretation of the subject matter provided in your disclosure to us. Our patent analysts do not practice law; therefore you are encouraged to engage legal counsel to assess the documents we provide to you.

8. Disclaimer for Patent and Trademark Assignee Search Reports.

8.1 Patent and Trademark Assignee searches are restricted to the USPTO database. The results of such searches do not indicate what patents or trademarks a person or company owns, but rather what assignment data has ever been recorded with respect to that person or company. Only a legal professional can advise about ownership of a particular patent or trademark.

8.2 The current lag time at the USPTO for new submissions to appear in the USPTO database is over 200 days. Therefore, submissions made to the USPTO within the last 6 months may not show up in the Assignments database. Patent/Trademark Assignee searches cannot fully account for any mistakes or errors on the part of the USPTO. The USPTO database contains all recorded Patent Assignment information from August 1980 to the date of the search. Anything assigned before that will not show up in the database. Copies of the raw search results with search terms used are attached to our search reports.

9. GENERAL DISCLAIMER OF WARRANTIES.


9.1 YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. LANDON DOES NOT MAKE ANY REPRESENTATION OR WARRANTY (i) AS TO THE ACCURACY, CORRECTNESS, COMPLETENESS OR USEFULNESS OF THE SERVICES OR ANY CONTENT APPEARING IN THE SERVICES AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE SERVICES OR ANY CONTENT APPEARING IN THE SERVICES, OR (ii) GENERALLY FOR THE ACCURACY, RELIABILITY, OR QUALITY OF THE SERVICES OR ANY CONTENT APPEARING IN THE SERVICES. LANDON IS NOT RESPONSIBLE FOR ANY FAILURES, DELAYS OR INTERRUPTIONS OF THE SERVICES. THE SERVICES ARE PROVIDED TO YOU "AS IS" AND LANDON MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED.SPECIFICALLY, LANDON DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

9.2 YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL LANDON BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON THE SERVICES OR CAUSED BY YOUR CONDUCT. LANDON DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SERVICES, AND THE OPERATION OF THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.

10. LIMITATION OF LIABILITY.

10.1 IN NO EVENT SHALL LANDON BE LIABLE FOR ANY LOSSES, EXPENSES, COSTS, OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION FOR LOST PROFITS OR BUSINESS, OR ANTICIPATED LOST PROFITS OR BUSINESS, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. LANDON’S OR ITS AFFILIATES’ AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR RELATED TO THE SERVICES OR THIS AGREEMENT IS LIMITED TO $1,000 OR THE AMOUNT OF THE FEE PAID BY YOU FOR A PARTICULAR ORDER (WHICHEVER IS LESS).

10.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENCIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 9 OR 10 HEREOF MAY NOT APPLY TO YOU.

11. Indemnification.

You agree to indemnify, defend and hold Landon harmless from any claim, expense or demand, including without limitation reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

12. Commercial Use.

You acknowledge and agree that the Services and any content you obtain from us via the Services may not be directly or indirectly repackaged or resold by you in connection with any commercial endeavors.

13. Privacy.

Landon is committed to safeguarding your privacy. The terms regulating the handling of personally identifiable and other information in connection with the Website is described in our Privacy Policy, which can be found at http://www.landon-ip.com/PrivacyPolicy.aspx

14. Governing Law.

You acknowledge and agree that this Agreement shall be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia, United States of America, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal and state courts of the Commonwealth of Virginia, United States of America. You agree to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.

15. General.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be assigned by Landon, in its sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement, along with any other terms and conditions regulating use of the Services, sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement and any ancillary terms and conditions will survive termination or expiration to the extent necessary to carry out the intentions of the parties.

16. Contact Us.

If you have any questions or concerns regarding the Services, please contact us by e-mail at mail@landon-ip.com or write to us at Landon IP Inc., 1725 Jamieson Avenue, Alexandria, VA 22314.

Last Modified: August 2009