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Terms of Use

Last updated: October 2, 2020

Access Advance LLC
100 Cambridge Street, Suite 21400
Boston, MA 02114
info@accessadvance.com

Welcome! Please take a moment to scroll down and read these Terms of Use.

This Site is directed towards patent professionals only. It is not directed towards the general public or consumers.

These terms of use (“Terms of Use”) are a legal agreement between you and Access Advance LLC (“Access Advance,” “we,” “us,” or “our”).  These Terms of Use specify the terms under which you may access and use our website located at accessadvance.com (the “Site”). By visiting the Site, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use, and our Privacy Policy, which is hereby incorporated by reference. If you do not agree with these Terms of Use, then please do not access the Site.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT, JURY WAIVER, AND CLASS ACTION WAIVER.  THEY AFFECT YOUR LEGAL RIGHTS.  PLEASE READ THEM.

 If you accept or agree to these Terms of Use on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Use and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Use of Personal Data.
Your use of the Site may involve the transmission to us of certain personally-identifiable information (the “Personal Information”). Our policies with respect to the collection and use of Personal Information are governed according to our Privacy Policy, which is hereby incorporated by reference in its entirety.

Access Advance Privacy Policy can be found here: https://www.accessadvance.com/privacy-policy/

Access Advance GDPR Policy can be found here: https://www.accessadvance.com/gdpr-policy/

Request for License.
If you are a patent professional and wish to obtain information about a license to a portfolio of patents administered by Access Advance (“Patent Portfolio”), you can send a request to us through the Site by providing your first name, last name, company name, email address and phone number. Upon receipt of your request, we may send you pricing information and a summary of the license terms (“License Summary”) via email. You may also view/download the License Summary and any other information available from our Site. If you would like to receive a copy of a license agreement for a Patent Portfolio (“License Agreement”), you will have to send us a request by following the instructions on our Site. Upon receipt of your request and verification of your credentials, we may send you a copy of the requested License Agreement.

Access Advance Intellectual Property.
We retain all rights, title and interest in and to the Site, and all content and information available through the Site, including, but not limited to the License Summary, the License Agreement and the Access Advance Trademarks (as defined below) (collectively, the “Access Advance Intellectual Property”). The Access Advance Intellectual Property may be owned by us or Licensors of the respective portfolio of patents, and is protected under both United States and foreign laws. You may view, copy, and reproduce the Access Advance Intellectual Property for your or your company’s internal use only; provided that you agree to and abide by the terms and conditions contained here. You must retain all copyright and other proprietary notices contained in the original Access Advance Intellectual Property on any copy or reproduction you make of the Access Advance Intellectual Property. We reserve the right to remove any materials or content displayed on the Site at any time for any reason without any notice to you. Except as expressly permitted in these Terms of Use, you have no rights in or to the Access Advance Intellectual Property. Unauthorized use of the Access Advance Intellectual Property may violate copyright, trademark, and other laws.

If you violate any part of these Terms of Use, your permission to access the Access Advance Intellectual Property automatically terminates and you must immediately destroy any copies you have made of the Access Advance Intellectual Property.

Access Advance is the owner or licensee of certain trademarks, service marks and logos (registered and unregistered) (the “Access Advance Trademarks”). Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with Access Advance Trademarks, the “Trademarks”). Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks displayed on this Site without our prior written permission in each instance. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing.  All goodwill generated from the use of the Access Advance Trademarks will inure to our benefit.

Community Guidelines.
By accessing and/or using the Access Advance Intellectual Property, you hereby agree that:

  • You will comply with all applicable laws and not use the Access Advance Intellectual Property for any unlawful purpose;
  • You will not upload, post, e-mail, transmit, or otherwise make available any content that:
    • infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
    • is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, or promotes extreme violence or cruelty to animals, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
    • discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
  • You will abide by these Terms of Use at all times;
  • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • You will not sell, transfer, assign, license, sublicense, or modify the Access Advance Intellectual Property, or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Access Advance Intellectual Property in any way for any public or commercial purpose;
  • All information you submit to us is truthful and accurate, and you will maintain the accuracy of such information;
  • You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Site;
  • You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Site;
  • You will not circumvent, remove, alter, deactivate, degrade, or thwart any of the Access Advance Intellectual Property protections in the Site;
  • You will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express, written permission; provided, however, that we may grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Site for the sole purpose of, and solely to the extent necessary for, creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
  • You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
  • You will not introduce, post, or upload to the Site any Harmful Code. As used herein, “Harmful Code” means computer code, programs, or programming devices that are intentionally designed to disrupt, modify, access, delete, damage, deactivate, disable, harm, or otherwise impede in any manner, including aesthetic disruptions or distortions, the operation of the Services, or any other associated software, firmware, hardware, computer system, or network (including, without limitation, “Trojan horses,” “viruses,” “worms,” “time bombs,” “time locks,” “devices,” “traps,” “access codes,” or “drop dead” or “trap door” devices) or any other harmful, malicious, or hidden procedures, routines or mechanisms that would cause the Site to cease functioning or to damage or corrupt data, storage media, programs, equipment, or communications, or otherwise interfere with the operations of the Site.

 

Unsolicited Information.
By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to us, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. We, or any of our affiliates, subsidiaries, shareholders, or its or their respective officers, directors, members, employees, agents, managers, contractors, subcontractors, suppliers or representatives (collectively, the “Access Advance Parties”) may use such Unsolicited Information for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, any of the Access Advance Parties are free to use any ideas, concepts, know-how, or techniques contained in any Unsolicited Information you send to us for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information without compensation or attribution to you.

Disclaimer and Limitation of Liability.
YOU ACKNOWLEDGE AND AGREE THAT THIS SITE, INCLUDING, WITHOUT LIMITATION, THE ACCESS ADVANCE INTELLECTUAL PROPERTY, ALL CONTENT, FUNCTIONS, INFORMATION, AND MATERIALS, IS PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NONE OF THE ACCESS ADVANCE PARTIES WARRANT THAT THE SITE, THE ACCESS ADVANCE INTELLECTUAL PROPERTY, ALL CONTENT, FUNCTIONS AND MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. NONE OF THE ACCESS ADVANCE PARTIES SHALL BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE.

IN NO EVENT SHALL ANY OF THE ACCESS ADVANCE PARTIES BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF ACCESS ADVANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN NO EVENT SHALL ACCESS ADVANCE’S LIABILITY FOR DIRECT DAMAGES ARISING UNDER THESE TERMS OF USE OR RELATING THERETO, EXCEED ONE HUNDRED DOLLARS ($100).

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS ACCESS ADVANCE’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE, OR THE CONTENT IS TO STOP USING THIS SAME.

External Sites.
This Site may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites.  The content of such External Sites is developed and provided by others.  You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.  Access Advance does not endorse and is not responsible for the content of any linked External Sites. Please refer to the terms of use and privacy policies of the External Sites for more information. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs.  If you decide to access linked External Sites, you do so at your own risk.

Indemnification.
You agree to defend, indemnify, and hold the Access Advance Parties harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of these Terms of Use; (ii) your access to, use, or misuse of the Site, and (iii) your violation of any intellectual property or other right of any third party.

Compliance with Applicable Laws.
The Site is based in the United States and is only available to United States residents.  We make no claims concerning whether the Site, or any content, functions, or materials made available to you through the Site may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site, or any content, functions, or materials made available to you through the Site from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

Restrictions

The Site is available only to individuals aged 13 years or older.  If you are 13 or older, but under the age of majority in your jurisdiction, you should review these Terms of Use with your parent or guardian to make sure that you and your parent or guardian understand it.  If you are under the age of 13, you may use the Site only with the consent of your parent or guardian. 

Changes to Terms of Use.

These Terms of Use are effective as of the last updated date stated at the top.  We may change these Terms of Use from time to time with or without notice to you.  Any such changes will be posted on the Site. By accessing the Site after we make any such changes to these Terms of Use, you are deemed to have accepted such changes.  Please refer back to these Terms of Use on a regular basis.

Termination.
We may terminate these Terms of Use and your access to all or any part of the Site at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability.

Copyright Complaints.
Access Advance respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any content or materials on the Site deemed to have been posted or distributed in violation of any such laws.

Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

 

Access Advance LLC
100 Cambridge Street, Suite 21400
Boston, MA 02114

Attn: Copyright Agent

Email: dmca@accessadvance.com

 

If you believe that your work has been copied on the Services in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including:

  • A description of the copyrighted work that has been infringed and the specific location on the Site where such work is located;
  • A description of the location of the original or an authorized copy of the copyrighted work;
  • Your address, telephone number and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.

 

Binding Arbitration.

In the event of a dispute arising under or relating to these Term of Use (each, a “Dispute”), such Dispute shall be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules.  Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.  The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in New York, New York. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration.  As set forth below, nothing in these Terms of Use will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.

Class Action Waiver.

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Equitable Relief.

You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce these Terms of Use. We may, without waiving any other remedies under these Terms of Use, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. All such claims or disputes arising out of or in connection with these Terms of Use shall be heard exclusively by any of the federal or state courts of competent jurisdiction located in the State of New York.

Miscellaneous.
In the event that any portion of these Terms of Use is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms of Use shall remain in full force and effect. This section, and the sections entitled Access Advance Intellectual Property, Disclaimer and Limitation of Liability, Indemnification, Binding Arbitration, Class Action Waiver, and Equitable Relief shall survive the termination of these Terms of Use. Our failure to act on or enforce any provision of these Terms of Use shall not be construed as a waiver of that provision or any other provision in these Terms of Use.  No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.  Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Use. These Terms of Use and any other agreements between the parties entered into through this Site shall be governed by and construed in accordance with the laws of the State of New York. These Terms of Use contain the entire agreement of the parties concerning the subject matter hereof and supersede all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. The section headings are provided merely for convenience and shall not be given any legal import.  These Terms of Use will inure to the benefit of our successors, assigns, licensees, and sublicensees.

Questions or comments regarding this Site, including any reports of non-functioning links, should be submitted using our email address info@accessadvance.com.