Last Updated: 2 October 2020
Access Advance LLC
100 Cambridge Street, Suite 21400
Boston, MA 02114
This site is directed towards patent professionals only. It is not directed towards the general public or consumers.
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.
Use of Personal Data.
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.
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.
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 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 or 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.
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.
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.
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.
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
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 e-mail 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.
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.
Questions or comments regarding this Site, including any reports of non-functioning links, should be submitted using our email address firstname.lastname@example.org.