User Agreement

PATENT MONKEY USER AGREEMENT

In addition to the Terms of Use, this User Agreement (“Agreement”) describes the terms on which you may access and use the PatentMonkey.com Site and services. In order to become a PatentMonkey.com registered user, you must read and accept all of the terms and conditions of this agreement including the Amended Privacy Policy for Registered Users section. If you do not agree to be bound by the terms, you may not use or access our services.

PatentMonkey.com is a website owned and operated by Patent Looker, LLC (collectively referred to herein as PatentMonkey). We reserve the right to modify this Agreement at any time, and without prior notice. Your continued use of the PatentMonkey.com Site and service indicates your acceptance of the amended User Agreement.

Description of Service
PatentMonkey is an online web based patent search service offered to enable professionals to search, find and download patents more effectively as well as other patent search related services and tools (the “Site”).

Use of Service
Your use of the Site is governed by this User Agreement. PatentMonkey may refuse service without prior notice to any user for any or no reason.

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify PatentMonkey of any unauthorized use of your password or account or any other breach of security. PatentMonkey cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Termination
Registered Users without an Account/Membership: You agree that PatentMonkey may, with or without cause, immediately terminate your PatentMonkey account and access to the PatentMonkey Site without prior notice. Without limiting the foregoing, the following will lead to a termination by PatentMonkey of a user’s use of the Site: (a) breaches or violations of this User Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) use of automated download tools or bots. Termination of your PatentMonkey account includes: (1) removal of access to all offerings within the Site, (2) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (3) barring further use of the Site. Further, you agree that all terminations shall be made in PatentMonkey’s sole discretion and that PatentMonkey shall not be liable to you or any third-party for any termination of your account or access to PatentMonkey.

Registered Users with Accounts or Membership: You agree that PatentMonkey may immediately terminate your PatentMonkey account and access to the Site without prior notice for the following reasons: (a) breaches or violations of this User Agreement or other incorporated agreements or guidelines, (b) if requested by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) use of automated download tools or bots. Termination of your PatentMonkey account includes: (1) removal of access to all offerings within PatentMonkey, (2) removal or deletion of any and all outstanding downloading credits; (3) deletion, or restricted access, of your user name, user account, password and all related information, files and content associated with or inside your account (or any part thereof), and (4) barring further use of the Site. Further, you agree that all terminations shall be made in PatentMonkey’s sole discretion and that PatentMonkey shall not be liable to you or any third-party for any termination of your account, loss of any and all credits or balances, or loss of access to PatentMonkey. PatentMonkey may, without cause, terminate, cancel or close all user accounts which have had no activity for a period of three (3) years including the loss of any and all download credits or account balances.

User Conduct
You understand and agree not to use PatentMonkey to:

Employ the use of any automated application, software, or process with regards to the PatentMonkey Site.
Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
Use the PatentMonkey for any illegal purpose, including but not limited to conspiring to violate laws.
Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current affiliations with a person or entity, past or present.
Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Stalk or harass anyone.
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the PatentMonkey Site.
Post content in fields that aren’t intended for that content. Example: Putting an address in a name or title field.
Interfere with or disrupt the PatentMonkey Site or servers or networks connected to the PatentMonkey Site, or disobey any requirements, procedures, policies or regulations of networks connected to the PatentMonkey Site.

International Use
Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Access to Service
The use of manual or automated software, devices, or other processes to automatically pull or download, “crawl” or “spider” any web pages, files, images or documents contained in the PatentMonkey Site, without permission, is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages, files, documents, images or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of this Site. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

PatentMonkey Communications
In the course of providing you services, PatentMonkey may need to communicate with you via email. You agree to receive emails which are specific to your account and necessary for the normal functioning of the PatentMonkey Site, including a series of welcome emails which help inform new users about various features of the PatentMonkey Site.

Monitoring and Enforcement
While we have the right to monitor activity and content associated with the PatentMonkey Site, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content, we don’t guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our Site, you may be exposed to content that you find offensive or objectionable. You may contact us to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Please remember that you can always choose to refrain from using any part of the PatentMonkey Site that may expose you to something that you are uncomfortable with. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the Site.

Fees
Signing up for a PatentMonkey account as a “Registered User without an Account/Membership” is free. Registered Users may purchase download credits, additional data or documents, as well as Membership services. All Fees for download credits, additional data or documents, and all Membership service fees are Non-Refundable. All fees, download credits, account balances, and/or unused Membership time will be lost if your account is terminated in accordance with the Termination section above.

Indemnification
By accepting this User Agreement, you agree to indemnify and otherwise hold harmless PatentMonkey, its parent corporation, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from: i) your use of the PatentMonkey Site and/or data including patent “Status” data; ii) unauthorized access to or alteration of your communications with or through the PatentMonkey Site, or iii) any other matter relating to the PatentMonkey Site. Any business transactions which may arise between users from their use of PatentMonkey are the sole responsibility of the users involved.

You understand and agree that PatentMonkey may disclose information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of PatentMonkey, its users, and the public.

Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE PATENTMONKEY SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT PATENTMONKEY DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. PATENTMONKEY ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. PATENTMONKEY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

PATENTMONKEY MAKES NO WARRANTY THAT (i) THE PATENTMONKEY SITE WILL MEET YOUR REQUIREMENTS, (ii) THE PATENTMONKEY SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS AND/OR DATA THAT MAY BE OBTAINED FROM USE OF THE PATENTMONKEY SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PATENTMONKEY SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PATENTMONKEY SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PATENTMONKEY OR THROUGH OR FROM THE PATENTMONKEY SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Entire Agreement
The User Agreement constitutes the entire agreement between you and PatentMonkey and governs your use of the PatentMonkey Site, superseding any prior agreements between you and PatentMonkey.

Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PATENTMONKEY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PATENTMONKEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL PATENTMONKEY’S TOTAL CUMULATIVE DAMAGES EXCEED US$ 100.

Governing Law
The User Agreement between you and PatentMonkey will be governed by and construed in accordance with the laws of the State of Virginia without regard to conflict of laws principles.

General Information
PatentMonkey, the PatentMonkey logo, and other PatentMonkey logos and names are trademarks of Patent-Looker, LLC. You agree not to display or use these trademarks in any manner without PatentMonkey’s prior, written permission. The section titles of this User Agreement are displayed for convenience only and have no legal effect.

Additional Privacy Policy Terms for Registered Users

Scope
This Privacy Policy describes how we handle your personal information for our services available through www.PatentMonkey.com (the "Site"). By accepting the Privacy Policy and the User Agreement in registration, you expressly consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy.

Collection
You can browse the Site without telling us who you are or revealing any personal information about yourself. If you choose to provide us with personal information, you consent to the transfer and storage of that information.

We may collect and store the following personal information:

email address, name, personal information, physical contact information, and (depending on the service used)
transactional information based on your activities on the Site;
billing and other information you provide; and
computer sign-on data, statistics on page views, traffic to and from the Site, advertising and marketing data, and other information, including IP address and standard web log information.

Marketing
We do not sell or rent your personal information to third parties for their marketing purposes. The Site contains links to other websites, whether owned or controlled by PatentMonkey.com, PatentMonkey affiliates or unrelated third parties. Please note that the privacy policies of these sites may differ from those of PatentMonkey.com. PatentMonkey.com is not responsible for the privacy policies and practices of any linked website. We encourage you to read the privacy statement of any website you may visit.

Use
Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your personal information to:

provide the services and customer support you request;
provide streamlined searches and viewing;
resolve disputes, collect fees, and troubleshoot problems;
prevent potentially prohibited or illegal activities;
customize, measure, and improve our services and the Site's content and layout;
tell you about targeted marketing, service updates, and promotional offers based on your communication preferences; and compare information for accuracy, and verify it with third parties.
disclose personal information to respond to legal requirements, enforce our policies, respond to claims that content violates the rights of others, or protect anyone's rights, property, or safety.

Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from bad actors, we will not generally disclose your personal information to law enforcement, or other third parties without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is desirable to prevent imminent physical harm or financial loss or to report suspected illegal activity.

Cookies and Web Beacons
We may use "cookies" (small files placed on your hard drive) on certain pages of the Site to help analyze our web page flow, customize our services, measure promotional effectiveness, and promote trust and safety. Most cookies are "session cookies," meaning that they are automatically deleted from your hard drive once you end your session (that is, log out or close your browser).

PatentMonkey may use cookies on certain pages of the Site to:

Provide information that is targeted to your interests.
Promote and enforce trust and safety.
Offer certain features that are only available through the use of cookies.
Measure promotional effectiveness.
Analyze our web page flow.

A few additional important things you should know about cookies are that:

We offer certain features that are only available through the use of cookies.
We use cookies to help identify you and maintain your signed-in status.
You are always free to decline our cookies if your browser permits, although doing so may interfere with your use of the Site.

What are Web Beacons?
A Web beacon is an electronic image, called a single-pixel (1 x1) or clear GIF placed in the web page code. PatentMonkey uses Web beacons for many of the same purposes as we use cookies. We also use Web beacons to track the traffic patterns of users from one page to another in order to maximize our Site traffic patterns.

How PatentMonkey keeps your information secure
Your information is stored and processed on computers located in the United States. PatentMonkey uses procedural and technical safeguards, including firewalls, encryption, and Secure Socket Layers to protect your personal information against loss or theft, as well as unauthorized access and disclosure. We employ many different security techniques to safeguard such data from unauthorized access by users inside and outside the company.

Your choices about Cookies and Pop-up Windows
We offer certain features that are only available through the use of a "cookie" or “pop-up” window. You are always free to decline our cookies, or decline “pop-up” windows, if your browser permits, although in that case you may not be able to use certain features on the Site and you may be required to reenter your password more frequently during a session.

Account Protection
Your password is the key to your account. Use unique numbers, letters, and special characters and do not disclose your PatentMonkey password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you must immediately notify PatentMonkey and change your password.

Accessing, Reviewing and Changing Your Personal Information
You may have access to see, review and change most of your personal information by logging into the Site. Generally, we will not manually modify your personal information because it is very difficult to verify your identity remotely. You must promptly update your personal information if it changes or is inaccurate. We may retain personal information from closed accounts in order to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our PatentMonkey User Agreement, and take other actions otherwise contemplated by the PatentMonkey services or permitted by law.

Security
This Privacy Policy describes how we handle your personal information for our services available through www.PatentMonkey.com (the "Site"). By accepting the Privacy Policy and the User Agreement in registration, you expressly consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy.

Third Parties
This Privacy Policy describes how we handle your personal information for our services available through www.PatentMonkey.com (the "Site"). By accepting the Privacy Policy and the User Agreement in registration, you expressly consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy.

No Guarantees
This Privacy Policy describes how we handle your personal information for our services available through www.PatentMonkey.com (the "Site"). By accepting the Privacy Policy and the User Agreement in registration, you expressly consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy.

General
We may amend this User Agreement and this Amended Privacy Policy for Registered Users at any time by posting the amended terms on the Site.