Patents Real Fast, LLC – DBA Search Real Fast – Terms & Conditions
This website (“Site”) is hosted and maintained by Patents Real Fast, LLC – DBA Search Real Fast -(“Company”) and all use and access to the Software-as-a-Service (“Services”) provided through this Site is governed by these Terms & Conditions (“Terms”). By using the Services on this Site, you signify your assent to these Terms. If you do not agree to all of these Terms, do not use the Services or this Site.
Company may modify these Terms at any time, and such modifications shall be effective immediately upon posting of the modified Terms. Your continued use of the Site and/or Services will mean you accept these modified Terms.
TERM AND TERMINATION
1. Term. Your Services will commence upon the activation of a Company account and will continue to be available as long as Services fees, if any, have been paid in accordance with the account terms for the current Services period (each a “Services Term”).
2. Termination. Your Services account may be terminated in the following ways:
a. You may terminate your Services account at any time. See Provision 23 for additional cancellation details.
b. Company may terminate your Services account at any time upon notice: (i) for failure to pay Services fees, if any, for the current Services Term; or (ii) your material breach of these Terms. Company may also terminate your Services account upon notice at the end of any current Services Term upon five (5) days prior notice.
3. Description of Service. Company agrees to provide access to the Software-as-a-Service as selected during the establishment of your Services account (“Services”). The Services and related content are proprietary to Company and are protected by intellectual property laws and other laws. Your access to the Services and content is licensed and not sold. Subject to the timely payment of all Services fees, if any, and compliance with the Terms, Company agrees to provide you with a personal, non-transferable account that enables you to access and use the Services and content.
4. Accessibility. You acknowledge and agree that from time to time the Services may be inaccessible or inoperable for any reason, including without limitation: (i) equipment malfunctions, (ii) periodic maintenance procedures or repairs; or (iii) other causes beyond Company’s control. Additionally, because the Services are accessed via the Internet, you may have connection issues due solely to your own Internet service provider or other technological access requirements. Company is not responsible for any third party access requirement (e.g. your Internet service provider.)
5. Service Access. Subject to the Terms, Company will use its commercially reasonable efforts to provide the access to the Services twenty-four (24) hours a day, seven (7) days a week throughout your Service Term. You agree that from time to time the Services may be inaccessible or inoperable for various reasons, including: periodic maintenance procedures or upgrades (“Scheduled Downtime”); Services malfunctions; and causes beyond the control of Company or which are not reasonably foreseeable by Company, including the interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures (collectively “Non-Scheduled Downtime”). Company shall provide at least twenty-four (24) hours notice by posting notice to the sign-in screen in the event of any Scheduled Downtime. Company shall use commercially reasonable efforts to minimize any disruption, inaccessibility and/or inoperability of the Company Service in connection with Non-Scheduled Downtime.
6. Support. In the event that Company discovers or is notified by you of the existence of any Non-Scheduled Downtime, Company will take all actions reasonably necessary to determine the source of the problem. If the source of the problem is outside of the control of Company, then Company will use commercially reasonable efforts to notify the party(ies) responsible and cooperate with such party(ies) to resolve the problem as soon as possible. If the source of the problem is within the control of Company, then Company use will use best efforts to resolve the problem within four (4) hours of determining the source of the Non-Scheduled Downtime. Company will provide support, by telephone or e-mail, to you during scheduled support time from 8:00 AM to 5 PM CT Monday – Friday, excluding holidays.
7. Equipment/Internet Access. You shall be solely responsible for providing, maintaining and ensuring compatibility with the Services access requirements, all hardware, software, electrical or other physical requirements for your use of the Services, including without limitation, telecommunications and Internet service provider access, connections, links, web browsers or other equipment, programs and services required to access the Internet to use the Services.
8. Supplier Limitation. You agree that the Services are proprietary to Company, but access to the Services may include hardware, software elements and other proprietary materials from Company suppliers and agents that may be subject to license restrictions. Consequently, your access to the Services may be subject to the license limitations of Company’s suppliers and agents.
9. Service Availability. The Services may not be available in all areas and are subject to applicable laws and regulations. The Services are provided under these Terms.
SOFTWARE AS A SERVICE
10. Grant of License. Company hereby grants you a limited, nonexclusive license to use, execute and display the object code version of the software portion of the Services (“Software”) only for your personal use in accordance with these Terms (“License”) as required for the provision of Services and access to content subject to your compliance with the Terms, including with limitation the license restrictions in Section 12.
11. Use of Copies. You shall have no right to make or use additional copies of the Software or content from the Services. Your access to any Software and/or content is solely for your personal use of the Services.
12. License Restrictions. Except as otherwise permitted under these Terms, you shall not (and shall not assist any third party to): (a) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or derive any source code (or underlying ideas, algorithms, structure or organization) from the Software (b) copy, sell, distribute, license or otherwise commercialize the content from Services; (c) distribute, disclose or allow use of any of the Software, Services or content of either in any format through any timesharing device, service bureau, network or by any other means, to or by any third party; or (d) modify or create a derivative work of the Software, Services, content of either, or any portion thereof. You acknowledge and agree that Company has the right to an injunction without posting bond for any violation or threat of violation of these license restrictions; you also agree not to contest or assist any other party in contesting any such injunction. You are personally liable for any violation of the Terms, including without limitation these license restrictions. You agree that you will be responsible for any and all Company damages, costs, expenses and/ or fees, including attorneys’ fees, incurred and/or suffered by Company as a result of any violation or threat of violation of the Terms, including without limitation these license restrictions. You further agree that you hereby irrevocably waive any and all affirmative defenses, if any, to a claim of violation of these license restrictions.
13. Ownership of Software and Customizations. The Software and all derivatives shall be and remain the property of Company or third parties which have granted Company the right to license the Software and you shall have no rights or interests therein except as set forth in these Terms.
14. Ownership of Data. Company acknowledges that you own all right, title and interest in, and retain the copyright and other intellectual property rights in all your data uploaded or entered through the Services by you or your authorized users (“User Data”). You acknowledge that Company and/or its suppliers own all right, title and interest in, and retain any copyright and other intellectual property rights in all non-user entered data provided through the Services and collected, developed or licensed by Company and/or its suppliers for use in conjunction with the Services (collectively “Company Data”).
DISCLAIMER/LIMITATIONS ON LIABILITY
15. DISCLAIMER. AS NOTED IN THESE TERMS, THE SITE AND THE SERVICES AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SITE OR SERVICES ARE PROVIDED ON AN “AS IS” BASIS. ANY ACCESS TO THE SITE AND/OR SERVICES IS VOLUNTARY. COMPANY WILL REGARD ALL ACCESS AS VOLUNTARY AND AT THE SOLE RISK OF YOU.
16. LIMITATIONS ON LIABILITY. COMPANY DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICES, OR WITH RESPECT TO ANY CONTENT CONTAINED ON OR PROVIDED THROUGH THE SITE OR SERVICES. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; COMPANY ALSO DOES NOT MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICES. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
17. DAMAGE LIMITATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE OR SERVICE, WITH THE DELAY OR INABILITY TO USE THIS SITE OR SERVICES, OR WITH THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY CONTENT CONTAINED ON OR PROVIDED THROUGH THE SITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Company, its suppliers and agents shall be liable only to the extent of verifiable, actual damages incurred by you directly related to the subscribed for and paid for Services, not to exceed the fees you paid for the Services for the one (1) month period prior to the date of the event giving rise to such damages. You acknowledge and agree that neither Company nor its suppliers or agents are liable for any other damages, including without limitation, personal injury (including death), caused by your use or misuse of the Site, content, or Services. Any claims by you arising in connection with your use of the Site, content, or the Services must be brought within three (3) months of the date of the event giving rise to such claim occurred. Remedies under this Agreement are exclusive and are limited to those expressly provided for in this Agreement. If you are dissatisfied with the Services, your sole and exclusive remedy shall be for you to discontinue use of the Services and terminate your account.
18.AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SERVICES WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS OF LIABILITY.
19. Charges and Fees. You are responsible for paying the fees associated with the Services account as noted in the account set up terms. All Services fees are exclusive of sales and other taxes and you are responsible for payment of any applicable federal, state, local and city taxes. Company reserves the right to modify or terminate your account and/or Services, the related Services fees or establish new Services fees at any time at Company’s sole discretion upon posting notice of such termination and/or modifications to the Site and/or notifying you directly, including without limitation, by email.
20. Obligations for Company’s Suppliers and Agents. Company acknowledges and agrees that it is solely responsible for the payment of any compensation to Company’s suppliers and/or agents, including taxes, contributions and benefits. You will not have any obligation to pay any amount to Company’s suppliers and/or agents, including “overtime” or premium payments.
21. Credit Card Payments. If you elect to pay for Services fees by credit card through an authorized third party payment processor, you are responsible for providing a valid credit card number at the time you register to pay for such Services by credit card. You represent and warrant that you are an authorized user of the credit card number provided, and you agree to pay all charges resulting from your account for the Services ordered at the fees then in effect, including any unauthorized charges incurred prior to your notice to Company of such charges. You agree that Company may pass your credit card information and personally identifiable information to Company’s designated payment processor(s) for their use in processing the credit card payment for the Services.
22. Taxes. All Services fees, if any, are exclusive of sales and other taxes and you are responsible for payment of any applicable federal, state, local and city taxes. You shall not be liable for any taxes based on Company’s net income.
23. Cancellation. If you cancel a Service after beginning the Service period, you will not receive a refund for that period. You may cancel your Service subscription at any time and such cancellation will become effective in the month in which notice is received by Company.
24. Passwords/Security. You shall be solely responsible for the security, confidentiality and integrity of all messages and the content that you receive, transmit or store via the Site and/or Service. Company has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your account or password. It is your sole responsibility and you agree to bear all responsibility for the confidentiality of your password and all use or charges incurred from use of the Service with your password.
25. Restrictions on Use. Only personal use of the materials and information of the Services, content or Site is permitted, which means that you may access, download, or print such materials for your personal use only. You agree not to change or delete any copyright or proprietary notice from Company Data, content contained on or provided through the Site or Service or any site accessible through this Site or Service.
26. No Reproduction. Without the prior written permission of Company (or its applicable supplier), you may not publish, copy, reproduce, distribute, transfer, upload, post, transmit, or otherwise use any content contained on or provided through the Site or Service, in whole or in part. Requests for Company’s permission to publish, copy, reproduce, distribute, transfer, or otherwise use such content should be e-mailed to Company.
27. Submissions. You acknowledge that you are using the Site and Services at your own risk and you are personally responsible for verifying its suitability for your needs.
28. No Spam. You agree that you will not upload or transmit any communications or content of any type through the Site or Service that infringe or violate any rights of any party. By submitting communications or content to any public area of the Site or by email to Company, you agree that such submission is non-confidential for all purposes. You may not use the Site or Service to send unsolicited commercial email to any person.
29. Compliance with Applicable Laws. You agree that you will not use the Site or Service for activities prohibited by state or federal law or other applicable rules or regulations.
30. License. If you submit any content, business information, ideas, concepts or inventions to Company by email, you automatically grant, or warrant that the owner of such content or intellectual property has expressly granted, Company a royalty-free, perpetual, irrevocable, world-wide, nonexclusive, sub-licensable (through multiple tiers) license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display, including digitally or electronically, the communication or content in any media or medium, or any form, format or forum now known or hereafter developed.
31. Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents licensors, and suppliers from any liability, loss, claim, action, demand, and expense (including reasonable attorneys’ fees) resulting from, or alleged to result from, your violation of these Terms.
32. Agreement. These Terms constitute the entire agreement and understanding among the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions expressed or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. These Terms shall be binding upon and inure to the benefit of the parties, their successors, and assigns.
33. Governing Law/Jurisdiction. Company is based in Texas. Company makes no claims that Company’s Site, content or Services are appropriate or may be downloaded outside of the United States. Access to the content may not be legal by certain persons or in certain countries. If you access the Site or Service from outside the United States, you do so at your own risk and are responsible for compliance with laws of your jurisdiction. These Terms and the resolution of any dispute related to the terms of these Terms, the Site or the Services shall be governed by and construed in accordance with the laws of Texas, without giving effect to any principles of conflicts of law. Any legal action or proceeding between Company or its suppliers and you related to these Terms, the Site or the Services shall be brought exclusively in a state or federal court of competent jurisdiction sitting in Dallas County or Dallas, Texas.
34. Changes to the Site or Services. Content contained on or provided through the Site or Services may be changed or updated without notice. Company and its suppliers have no obligation to update information presented on the Site or Services, so information contained herein may be out of date at any given time. Company may also make improvements and/or changes in the Services described in this information at any time without notice. Company and its suppliers may change or modify the content contained on or accessible through this Site or the Services, or discontinue the Site or Services altogether, at any time with prior notice.
35. Waiver. Company’s failure to insist upon strict enforcement of any provision(s) of these Terms shall not be construed as a waiver of any provision or right.
36. Assignment. You are not permitted to assign these Terms or your Services account or any of your rights and obligations to these Terms, in whole or in part, without the prior written consent of Company.
37. Severability. Should any provision of these Terms be held invalid or unenforceable, such invalidity will not invalidate the whole of these Terms, but rather that invalid provision will be amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of these Terms will remain in full force and effect.
38. Notices. Notices under these Terms shall be in writing and shall be deemed given when: (i) delivered personally; (ii) on the date sent by facsimile or e-mail to the number or e-mail address provided through your account; or (iii) three (3) business days after the date sent by certified mail, postage prepaid with return receipt requested to the notice address contained in your account or on the Site.
39. Survival. The following provisions shall survive expiration or termination of these Terms: provisions 15 through 39.