Effective Date: February 27, 2013
Please read these Terms of Service (“Terms
”) carefully before using the “Service.” The “Service
” means the websites, software, and services controlled, whether partially or otherwise, by Inventively Inc.
This agreement is a legally binding contract. It may change as our business changes, and you agree you will review it and any updates regularly. Your continued use of the Service means you accept any changes.
These Terms constitute a binding agreement between you and Inventively Inc. and its affiliates and subsidiaries (“Inventively
”) and govern your use of the Services. “You
” and “users
” shall mean all visitors to the Service. You accept these Terms each time you access the Service. If you do not accept these Terms, you must not use the Service.
Revisions to Terms.
The terms “post
” or “posting
” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the Service.
Eligibility to Use the Service
United States Residents.
The Service is offered for United States residents only. If you are not a United States resident, you should not use the Service.
No part of the Service is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Service.
Agent of a Company, Entity, or Organization.
If you are using the Service on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you:
- are an authorized representative of that Organization;
- have the authority to bind that Organization to these Terms; and
- agree to be bound by these Terms on behalf of that Organization.
The Service is an online document processing and publishing service to assist users in preparing patent applications to be filed with the United States Patent and Trademark Office (“USPTO
”). All materials accessible via the Service are intended to provide you with a convenient method for completing and filing your patent application. We will not share information about your patent applications with any third parties unless authorized by you. The Service may provide an optional feature to assist you in e-filing your patent application with the USPTO, but you remain responsible for the application and its successful submission to the USPTO.
Inventively Does Not Provide Legal Advice.
THE SERVICE IS NOT A SUBSTITUTE FOR LEGAL COUNSEL OR A LAWYER REFERRAL SERVICE. We are not a law firm, and our employees are not acting as your attorney. We do not practice law and do not give legal advice. This site is not intended to create an attorney-client relationship, and neither the availability, operation, transmission, receipt nor use of the Service is intended to create, or constitutes formation of, an attorney-client relationship or any other special relationship or privilege. Instead, you or your attorney are representing yourself in any legal matter you undertake through our document processing service. We expressly disclaim any liability, loss or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of the Service. We strongly recommend that you consult a licensed attorney in the applicable jurisdiction. Please do not contact us for legal advice.
Inventively DOES NOT PREPARE LEGAL DOCUMENTS FOR YOU and documents provided by Inventively do not constitute legal advice. While we try to keep our patent application forms accurate, current and up-to-date, the law changes rapidly and we cannot guarantee that all of the information on the Service is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or tool like the kind we provide can fit every circumstance.
From time-to-time, we may provide attorney recommendations based solely on those attorneys success rates in particular fields. WE ARE NOT A LAWYER REFERRAL SERVICE. ANY ATTORNEY RECOMMENDATIONS PROVIDED BY US ARE FOR INFORMATIONAL PURPOSES ONLY, ARE FREE FOR BOTH LAWYERS AND NON-LAWYERS AND DO NOT CONSTITUTE AN ENDORSEMENT OR APPROVAL OF ANY LISTED LAWYER. THERE IS NO FEE SHARING ARRANGEMENT BETWEEN Inventively AND ANY LISTED LAWYER FOR ANY LEGAL MATTER. BEFORE RETAINING AN ATTORNEY, YOU SHOULD CAREFULLY CONSIDER THE LAWYER’S KNOWLEDGE AND EXPERIENCE AND ASK FOR A WRITTEN LEGAL SERVICES AGREEMENT DETAILING THE TERMS AND CONDITIONS OF THE REPRESENTATION, INCLUDING ALL FEES, EXPENSES AND OTHER OBLIGATIONS. NO LEGAL RELATIONSHIP EXISTS IN ANY WAY BETWEEN ANY Inventively USER AND Inventively OR ITS PARENT, SUBSIDIARIES OR AFFILIATES.
Fees and Payment.
We will charge you for each patent application you process through the Service. We may also charge you a fee for additional services, such as e-filing your patent application on your behalf.
We will charge you a fee for each patent application you process using the Service. We may also charge you a fee for additional, optional services.
The Service currently uses third parties to process payments. Our third-party payment processors accept payments through methods detailed on the applicable payment screen, which may include various credit cards and PayPal.
Taxes and Fees.
You are responsible for determining and paying the appropriate government taxes, fees, and service charges resulting from a transaction occurring through the Services. We are not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or service charges.
United States Dollars.
All monetary transactions on the Service take place in U.S. dollars.
Privacy and Data Use
to learn about our data practices.
By using the Service, you consent to our collection of certain information.
Inventively may communicate with you by email or posting notice on the Inventively homepage. You may request that we provide notice of any security breaches in writing, and you may opt out of receiving some communications.
Customer-Service, Informational, and Marketing Communications.
You agree to receive email from us at the email address you provided to us for customer service related to the Service. We may send you email communications when you have opted to receive them. We may also send you special offers based on your selected interests. You may opt not to receive such promotional emails from us at any time by clicking on the unsubscribe link in each email or by changing your user preferences.
Text Messages from the Services.
By providing us with your mobile telephone number and requesting that we communicate information to you by text message, you consent to receive commercial text messages at that number as requested. We do not charge a fee for text messages; however, standard messaging, data, and other fees may be charged by your wireless service carrier. You are responsible for these charges. You may turn off or unsubscribe from these messages by texting STOP in reply to text messages from the Service. You may also be able to change your text message preferences using the Service.
We may send and receive text messages through cellular telephone operators or other networks, and the level of reliability may vary. We are not responsible for the timeliness or final delivery of the message, as this is out of our control and is the responsibility of the cellular telephone operator or other networks.
Inventively may provide you with notices by electronic mail, regular mail, notifications, or postings through the Service. You are obligated to provide Inventively with a valid e-mail address for so long as you continue to use the Service.
You are responsible for your log-in credentials and for keeping your information accurate.
You are responsible for any activity resulting from the use of your log-in credentials on the Service.
You must to register to use the Service. You represent and warrant that the information you provide to Inventively upon registration and at all other times will be true, accurate, current, and complete. You also represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times.
Your Log-In Credentials.
As a registered user, you will have log-in information, including a username and password. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you should take care to preserve the confidentiality of your username and password and to prevent others from using any device that you use to access the Service.
You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Inventively by e-mail to security@Inventively.com. You will be solely responsible for the losses incurred by Inventively and others due to any unauthorized use of your account.
Inventively’s Content Ownership and Use
Inventively and our licensors own all of the content on the Service, but you may use it while you use the Service. You cannot use our logo without our written permission.
The contents of the Service include: documents, designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, components licensed to Inventively by third parties, and other Inventively content (collectively, “Inventively Content
”). All Inventively Content and the compilation (meaning the collection, arrangement, and assembly) of all Inventively Content are the property of Inventively or its licensors and are protected under copyright, trademark, and other laws in the United States and other countries.
License to You.
We authorize you, subject to these Terms, to access and use the Service and the Inventively Content solely for the personal, non-commercial use of Inventively’s services, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Inventively Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Inventively Content on any copy you make of the Inventively Content.
“Inventively,” the Inventively logo, and other Inventively brand logos, product and service names, and and the overall mood, style and impression of the Service are or may be trademarks of Inventively or protected under trade dress laws (the “Inventively Marks
”). You are not granted a license with respect to any Inventively Marks other than the limited license above. Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the Inventively Marks.
Your rights under this license will terminate automatically without notice from Inventively if you fail to comply with these Terms. Upon termination of the license, you shall cease all use of the Service, including any software, and immediately destroy any downloaded or printed materials.
User Content and Intellectual Property Rights
You, or the people who allow you to use their content, own all of the content you post using the Service. However, we may modify your content to make it work better on the Service.
Inventively Claims No Ownership.
It is very important that you have permission to use other people’s content or they may be able to sue you for violating their legal rights.
The Service provides you with the ability to create and post content, including without limitation information and images relating to your inventions (“Your User Content
”). You or a third-party licensor, as appropriate, retain all intellectual property rights to Your User Content. You are responsible for protecting those rights.
Inventively’s Use of Your User Content.
By posting Your User Content on or through the Service, you grant Inventively permission to use Your User Content solely in connection with the operation of the Service, including, without limitation, a right to reproduce, distribute, transmit, edit, translate and reformat Your User Content, without compensation to you. We will only use Your User Content to the extent necessary to provide the Service or as otherwise permitted by these Terms. We will discontinue this licensed use within a commercially reasonable period after Your User Content is removed from the Service.
You waive any rights you may have regarding Your User Content being altered or manipulated in any way that may be objectionable to you. We reserve the right to refuse to accept, post, display, or transmit any of Your User Content in our sole discretion. Inventively cannot control how third parties who may have received Your User Content may continue their use of Your User Content.
You Acquire No Ownership of Others’ Content.
You understand and agree that you will not obtain, through use of the Service, any right, title, or interest (including intellectual property rights) in content delivered via the Service.
You Must Have Rights to the Content You Post.
You represent and warrant that: (i) you own, or have the right to grant, the license to Your User Content set forth in these Terms, (ii) the posting of Your User Content on or through the Service does not violate any rights, including intellectual property or contractual rights, of any person or entity, and (iii) Your User Content is non-confidential and non-proprietary. You agree to pay all monies owing to any person as a result of posting Your User Content on the Service.
The Service may contain content from users and other Inventively licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Service.
Tell us if you think a user has violated your copyright using the Service, or if you think someone incorrectly reported that you violated his or her copyright.
We respect the intellectual property rights of others. Materials may be posted and made available on the Service by third parties not within our control. It is our policy not to permit materials we know to be infringing to remain on the Service and to terminate the accounts of third parties who repeatedly infringe the copyrights of others. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.
If you believe in good faith that materials posted on the Service infringe your copyright, you (or your agent) may send us a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
- Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Service are covered by a single notification, a representative list of such works);
- Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Service;
- Your name, address, telephone number, and email address (if available);
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Service should be sent to:
175 Varick St.
New York, New York 10014
User Content Disclaimers, Limitations, and Prohibitions
We do not endorse, represent, or guarantee the truthfulness, accuracy, or reliability of content, posted by users (“User Content
”) or third parties. You accept that any reliance on material posted by third parties or third-party service providers will be at your own risk. By using the Service you accept the risk that you might be exposed to User Content that is offensive, indecent, objectionable, or otherwise inappropriate.
If you post User Content in any public area of the Service, you also permit any user to access, display, view, store, and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content posted on the Service retains any and all rights that may exist in such User Content.
A. Prohibited Service Uses
Do not do bad things with the Service, try to break it, or take our work.
You agree to use the Service only for its intended purpose. You must use the Service in compliance with all privacy, data protection, intellectual property, and other applicable laws.
You are solely responsible for Your User Content on the Service. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.
You may not:
- attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Service, user accounts, or the technology and equipment supporting the Service, including through scraping or any other automated means;
- frame or link to the Service without permission;
- use data mining, robots, or other data gathering devices on or through the Service;
- post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
- disclose personal information about another person, harass or abuse another person, or post objectionable material, as we may determine in our discretion;
- post links, advertisements, or other content from competitors’ websites;
- post repetitious marketing or irrelevant information (SPAM);
- upload files that contain material protected by intellectual property laws unless you own or control the rights thereto and have received all necessary consents;
- use the Service in an illegal way or to commit an illegal act in relation to the Service or in a way that otherwise results in fines, penalties, and other liability to Inventively or others; or
- access the Service from a jurisdiction where it is illegal, unauthorized, or penalized.
U.S. Export Controls
Do not use or export any software to locations where you are not allowed by U.S. law.
To the extent the Service contains software, you may not use or otherwise export or re-export software from the Service except as authorized by United States law and the laws of the jurisdiction in which the software was obtained. In particular, but without limitation, the software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Service, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Service for any purposes prohibited by United States law.
Consequences of Violating These Terms
If you do not act acceptably, we may refuse to provide the Service to you.
We reserve the right to suspend or terminate your account; review, refuse, and remove Your User Content from the Service; and prevent access to the Service for any reason, at our discretion. We reserve the right to refuse to provide the Service to you in the future. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Service.
We are not liable for anything our users do when using the Service. We may also change the Service at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the Service or other websites.
Changes to the Service.
We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any feature, without notice or liability.
Disputes with Third Parties.
We are not responsible for any disputes or disagreements between you and any third party with which you interact using the Service, such as co-inventors. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Inventively of all claims, demands, and damages in disputes among users of the Service. You also agree not to involve us in such disputes. Use caution and common sense when using the Service.
We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Service. Similarly, we make no representations about the accuracy, reliability, completeness, or timeliness of any data from third-party service providers or the quality or nature of third-party products or services obtained through the Service. Use the Service at your own risk.
Third Party Websites.
The Service may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
Released Parties Defined.
” include Inventively and its affiliates, officers, employees, agents, partners, agencies, and licensors.
A. DISCLAIMER OF WARRANTIES
You use the Service at your own risk. We make no warranties or guarantees.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS OR THAT USPTO WILL ACCEPT YOUR PATENT APPLICATION, (iv) THE SERVICE DOES NOT INFRINGE ON THIRD PARTY RIGHTS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; (C) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Inventively OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY; AND (D) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ALL PRODUCTS AND SERVICES PURCHASED OR OBTAINED ON OR THROUGH THE SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE OR CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
B. LIMITATION OF LIABILITY AND INDEMNIFICATION
We are not liable for anything that happens to you that somehow may be connected to your use of the Service. If you use the Service in a way that causes us to be included in litigation, you agree to pay all of our legal fees and costs.
TO THE EXTENT NOT PROHIBITED BY LAW, YOU UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU 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 Inventively HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; (vi) THE REJECTION OF YOUR APPLICATION BY USPTO; OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR PERSONAL INJURY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF Inventively CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $50. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Inventively Content, (iii) your breach of these Terms, or (iv) Your User Content. We shall provide notice to you promptly of any such claim, suit, or proceeding. Inventively reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent from Inventively. Inventively will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Suggestions and Submissions
We appreciate your comments, but if you send us creative ideas for improving the Service, we can use them without compensating you.
We appreciate hearing from our users and welcome your comments regarding the Service. Please be advised, however, that if you send us creative ideas, suggestions, or materials (“creative ideas
”), we shall:
- own, exclusively, all now known or later discovered rights to the creative ideas;
- not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
- be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
If you have a creative idea you would like to send to us, please visit Inventively.com/creative_ideas.
These Terms constitute the entire agreement between you and Inventively concerning your use of the Service. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Inventively without restriction. Any assignment attempted to be made by you in violation of these Terms shall be void. You agree that no joint venture, partnership, employment or agency relationship exists between you and Inventively as a result of these Terms or use of the Service. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.
Arbitration, Class Waiver, and Waiver of Jury Trial
We are located in New York, so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the Service.
These Terms and the relationship between you and Inventively shall be governed by the laws of the state of New York without regard to its conflict of law provisions. Your use of the Service may also be subject to other local, state, national, or international laws. You and Inventively agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in New York, New York. You covenant not to sue Inventively in any other forum.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Service or this Agreement:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
- YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
175 Varick St.
New York, New York 10014