Terms of Service, Privacy Statement
Terms of Service and Privacy Statement (this “Agreement”) is a contract between you, and if you are an employee working within the scope of your employment, vicariously, you employer (individually and collectively, “you” or “your”), and Paradies IP Solutions, LLC (sometimes referred to as “Paradies IP,” “we,” or “us”), a Florida limited liability company, and the terms and conditions of this Agreement govern your access to and use of our websites and services (collectively, the “Services”). By accessing and using the Services, you hereby acknowledge your acceptance and agree to comply with the following terms and conditions and that you shall be bound by the terms and conditions of this Agreement, which was last revised on May 21, 2015.
Your communications with us must be directed to [email protected].
You acknowledge that you are capable of entering into a binding agreement with us and will not use our Services if you cannot enter into a binding agreement. If an employee acting within the scope of your employment, then you represent that you have the authority to enter into this Agreement on behalf of your employer, and if you cannot bind your employer to the terms and conditions of this Agreement, then your employer has agreed to be bound by this Agreement. If your employer has not agreed to be bound by this Agreement, then you shall not use our Services.
If you cannot enter into a binding contract or are barred from receiving our Services under any laws of your jurisdiction, then you shall not access or use our Services.
You may use our Services only if you comply with this Agreement and any and all applicable laws, rules and regulations. We may terminate your access or use for any or no reason, and we shall bar you from any further access or use of our Services if your use violates the terms and conditions of this Agreement or any applicable laws, rules or regulations. For example, read the copyright takedown warning and notice provisions in this Agreement.
Cancelling or terminating your subscription does not terminate the terms and conditions of this Agreement that are intended to survive termination of your subscription, but cancellation or termination of your subscription immediately terminates your license to use the training and any agreements that you created based on our copyrighted agreement library. Downgrading your plan provides a continuing license to use only those agreements found in the level or tier relating to your continuing subscription and access to the training provided only in the level or tier relating to your continuing subscription. Paradies IP is able to grant access to the training and agreement library at such a low subscription fee, because we believe that you will want to continue to have a license to use and access to our training and agreement library. Therefore, you acknowledge and agree that you will abide by the terms of this Agreement and will immediately discontinue use of any agreements that are not included in the level or tier to which you are currently subscribed, except that you have a continuing right and license to photocopy and store, electronically, any agreements that have been executed between you and a third party. There is no implied license to any of our intellectual property rights, any any rights not expressly granted to you, herein, are reserved to Paradies IP, exclusively.
Our Services are provided based on a fully-paid-up subscription, and if you fail to pay or payment fails due to your failure to update your credit card information with our third party payment service (e.g. Stripe, paypal...), then we shall terminate our Services. It is your responsibility to make sure that your subscription is up to date and active. You hereby grant us the right to contact you to update your payment information, at our sole discretion, without creating any obligation or duty on our part to do so.
Paradies IP may stop or suspend our Services or select features of our Services to you or to users, generally, and we might not be able to provide you with prior notice. We retain any and all rights to restrict access or to create other limits on the use of our Services at our sole discretion at any time without prior notice to you.
WARRANTIES, LIMITATIONS AND DISCLAIMERS
Except for gross negligence, reckless disregard for safety and fraud, and otherwise to the maximum extent permitted by applicable law, rules and regulations, we will not be liable for any direct, indirect, incidental, consequential, special, or punitive damages including, without limitation, lost profits, lost data, lost goodwill or any other losses in the value of intellectual property, resulting from your access or use of our Services. The term “we” in this paragraph shall include, without limitation, Paradies IP and all of our shareholders, managers, directors, agents and affiliates. The phrase “access or use of our Services” in this paragraph shall include, without limitation, inability to access or use, any content accessed or used, and any unauthorized access or use of your information or alteration of your information. The limitations on liability in this paragraph shall apply to any and all disputes, regardless of the legal theory upon which such dispute is based, including, without limitation, warranty, contract or tort, including negligence, and whether or not we were informed of the possibility of damages and even if remedies available in this Agreement fail their essential purpose. Some jurisdictions do not allow for exclusions of certain warranties or the limitation of liability for damages, so the limitations of this paragraph may not apply to you.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE REMEDY IS TO CANCEL YOUR SUBSCRIPTION AT THE END OF ITS NEXT TERM (TYPICALLY, MONTHLY), AND YOU ARE NOT ENTITLED TO ANY REFUND OR PRORATED RETURN OF YOUR SUBSCRIPTION FEE, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.
TERMINATION OF YOUR SUBSCRIPTION TERMINATES ANY LICENSE(S) GRANTED BY PARADIES IP, AND YOU AGREE TO STOP USING ANY COPYRIGHTED DOCUMENTS AND FORMS DOWNLOADED FROM OUR WEBSITES AND TO DELETE THESE FORMS FROM YOUR COMPUTER SYSTEMS AND ANY OTHER STORAGE LOCATIONS, WHETHER PHYSICALLY IN YOUR POSSESSION OR ACCESSIBLE BY YOU, EXCEPT FOR AGREEMENTS ACTUALLY EXECUTED BETWEEN YOU AND A THIRD PARTY, WHICH MAY BE RETAINED BY YOU ACCORDING TO THE TERMS OF THIS AGREEMENT. YOU ACKNOWLEDGE THAT A CURRENT SUBSCRIPTION IS REQUIRED TO COPY AND SHARE ANY FORMS, WHETHER ORIGINAL OR MODIFIED BY YOU, WITH ANY THIRD PARTY. YOU MAY KEEP AND COPY ANY AND ALL PAST AGREEMENTS EXECUTED BY THE PARTIES, BUT YOU SHALL NOT ENTER INTO ANY FURTHER AGREEMENTS, IN THE FUTURE, USING OUR AGREEMENTS, AFTER YOUR SUBSCRIPTION IS CANCELLED FOR ANY REASON.
To the extent permitted by applicable law, we provide no general or limited warranty, express or implied, for our Services, except as provided expressly in this Agreement. These Services are provided “AS IS” and when available. Your access and use of our Services or reliance on information or materials obtained from us is at your own risk. Our watch and reminder services are a back-up and convenience to your own efforts to discover infringing uses and docket and remind yourself of coming due dates. We are relying on you that information provided to us by you is accurate and reliable.
Without limiting the foregoing, PARADIES IP DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE to the maximum extent permitted by law, except as provided expressly in this Agreement.
We are not responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of our Services. You agree that we have no duty or liability for deletion of, or the failure to store or to transmit, any information and other communications by our Services. No advice or information, whether oral or written, obtained from Paradies IP or through the Services, will create any warranty not expressly made herein, and this Agreement is the complete and final understanding between us.
We make no claims or warranty that our content or information is complete, accurate, reliable or timely with respect to you or your particular circumstances, and none of our content or information should be considered legal advice. Our content and information is provided as educational materials, representing our viewpoints and priorities, which are likely not the same as other third parties or experts in intellectual property law. Our content and information is believed to be true by us on the date and time that we add the content and information to our Services. Changes in the law, rules and regulations can make our content and information dated and inaccurate, and we make no claims that our content and information is up-to-date with the latest changes in laws, rules and regulations in Florida, the United States of America, or anywhere else in the world.
Express Limited Warranty. Upon completing all of the modules and exercises of the IPmasterclass and participating in all of the live Q&A sessions, if you do not agree that your company can own its intellectual property, Paradies IP will refund 100% of the purchase price actually paid by you for your access to IPmasterclass. You agree that your failure to complete all of the modules or to complete all of the exercises or your absence from any of the live Q&A sessions shall make this express limited warranty void and of no effect, and your sole remedy shall be to retake IPmasterclass, if IPmasterclass is provided again at a later date.
Our Services contain hyperlinks to third party websites and resources, and we are not responsible or liable for anything related to these third party websites. Furthermore, you agree to abide by the terms and conditions of these third party websites. Any hyperlink to a third party website does not imply any endorsement of the third party website or its contents by us. These hyperlinks are provided “AS IS” and when available. You assume all risks arising from your accessing any such third party website using such hyperlinks.
WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INFORMATION OR ANY LOSS, DAMAGE OR HARM TO YOU FROM YOUR ACCESS AND USE OF OUR SERVICES, WHETHER POSTED TO OUR WEBSITES, EMAILED TO YOU OR OTHERWISE TRANSMITTED OR MADE AVAILABLE TO YOU VIA OUR SERVICES OR BROADCASTS. YOU WILL TAKE ALL NECESSARY PRECAUTIONS TO SCREEN FOR AND INTERCEPT ANY HARMFUL OR DAMAGING CODE RECEIVED AS A RESULT OF THE USE OF OUR SERVICES.
These limitations and all of the terms and conditions of this Agreement are material to this Agreement, and you acknowledge that the cost of services to you has taken into consideration these limitations on liability and restrictions on warranties.
You agree to consult with an attorney or legal adviser before entering into any agreement or changing your legal positions in any way based on the information provided by our Services.
LIMITED LICENSE
We grant you a limited right to make a personal copy of content on this website solely for your personal use in researching or using the Services, only if you secure your personal copy and do not make additional copies for others, refrain from removing any copyright notices and acknowledge the authorship of the original author of any copyrighted works. You cannot use the content and information from our Services on your website or to provide services to others without our express written permission, obtained in advance. This does not restrict your rights under applicable law, rules and regulations to use information obtained from our Services in any way permitted by law. Any other use of content and materials from our Services is strictly prohibited without our express written permission, obtained in advance, including, without limitation, any copying, modifying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, compiling, commercial use or use as a service bureau or electronic agglomerator.
Paradies IP grants you a limited license to "use" forms, as such use is defined herein, from our form library, only to the extent that you have a fully paid up subscription, and If you paid a flat fee for access to IPmasterclass, you have a non-exclusive right to use the forms in perpetuity. Herein, "use" means downloading a copy of a form for use by the subscriber, modifying a form by adding, deleting or changing portions of the form, and sharing the form only with a person (including corporations and other entities) that is a party or potential party in an agreement contemplated by the form. You shall not remove any copyright notices or other identification markings from the form, without the prior written permission of Paradies IP. You shall not provide any of the forms to any third party, except as permitted by the license granted in this Agreement. Providing any of the forms to others for any compensation shall immediately terminate any right or license to use of all of the forms provided by Paradies IP.
The information provided in the IPmasterclass contains confidential information of Paradies IP and is not generally known or available. You agree to protect its confidentiality and not to make the information publicly available. If any inadvertent disclosure of Paradies IP's confidential information is made by you, or any of your agents, employees or contractors, you agree to assist Paradies IP in any remedial steps deemed appropriate, at Paradies IP's sole discretion, to protect the confidentiality of Paradies IP's confidential information. All information presented in the IPmasterclass, whether marked or unmarked, is deemed a trade secret and is the confidential, proprietary information of Paradies IP, unless released as non-confidential in a signed writing by Paradies IP. You agree that public disclosure of Paradies IP's confidential information irretrievably harms Paradies IP, there is no adequate remedy at law, and Paradies IP is entitled to an immediate restraining order or other preliminary injunction to prevent any further damage from continued public disclosure of Paradies IP's confidential information.
Scraping of information from our websites and Services is strictly prohibited.
Access by any automated system or “bot” is strictly prohibited.
LEGAL RIGHTS AND REMEDIES
All right, title, and interest in and to the Services (excluding any information provided by users) are and shall remain the exclusive property of us and our licensors. Nothing in this Agreement transfers any right, title or interest to you or anyone else.
Our Services and brands are protected under copyright laws, trademark laws, and other laws of the State of Florida, the United States of America and foreign countries and regions. All rights and remedies are reserved by us, and failure to enforce any of our rights or to seek any remedies in one or several instances or occasions shall be deemed a waiver of any of our rights and remedies for another instance or occasion. Nothing in this Agreement or in our course of dealings shall give you any right to use our name, brands, trademarks, logos, domain names, trade dress or other protectable brand identifying devices. Terms or conditions held to be invalid or unenforceable shall be severed from this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect.
Nothing in this Agreement gives you a right to use our name or any of our patents, trademarks, domain names, and other brand identifying devices without our express written permission, obtained in advance. All rights are reserved by us.
YOU HEREBY AGREE TO INDEMNIFY US AND TO HOLD HARMLESS PARADIES IP SOLUTIONS, LLC AND OUR AGENTS, SHAREHOLDERS, DIRECTORS, EXECUTIVES AND ASSOCIATED COMPANIES AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, ARISING OUT OF ANY BREACH BY YOU OF THIS AGREEMENT OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF OUR SERVICES, OR THE USE BY ANY OTHER PERSON, ACCESSING OUR SERVICES USING YOUR EQUIPMENT OR INTERNET ACCESS ACCOUNT, OR YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS.
We reserve all equitable and legal rights and remedies including, without limitation, the right to restrict or prevent your access to our Services at our sole discretion.
RESTRICTIONS ON USE OF THE SERVICES
You shall not use our Services for any illegal purpose.
You shall not interfere with or diminish our right, title and interest in our Services or our copyrights or other intellectual property rights.
Except as expressly permitted in this Agreement, you shall not copy, reproduce, modify, create derivative works, distribute, broadcast, sell, transfer, publicly display, publicly perform, transmit, or otherwise disseminate any content or materials available through our Services.
You shall use our Services only in accordance with any and all applicable laws, rules and regulations.
You shall not upload or transmit any computer viruses, macro viruses, Trojan horses, worms, or anything else that interferes with or disrupts normal operating procedures of a computer.
You shall not upload or transmit any material which is defamatory, offensive or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety.
You shall not use our Services in a way that might cause our Services to be interrupted, damaged or rendered less efficient, or impair the effectiveness or functionality of our Services.
You shall not use our Services in any manner which violates or infringes the rights or any person, firm or entity.
You shall not tamper with or modify our Services.
You shall not access non-public areas of our Services.
You shall not give anyone permission to use your password or userid to access our Services.
You shall not access our Services with anyone else’s userid or password.
You shall not access our Services by intentionally hacking, breaching or circumventing in any way any of our Services requiring users to use a userid or password for access.
You shall not probe, scan, or test any vulnerabilities of our Services or the systems that hosts our Services.
You shall not access or search our Services by any automated means.
You shall access or search our Services only using our currently available, published interfaces provided by our Services.
You shall not forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information.
You shall not disrupt access to our Services by any other user.
You shall not interfere with or create an undue burden on our Services.
PRIVACY STATEMENT, YOUR INFORMATION
You represent and warrant that any information that you provide to us is truthful, accurate and complete including, without limitation, your registration information and payment information. Our Services do not receive or record your personal financial information. Instead, we rely on paypal® or other third party payment services to complete transactions for subscriptions. We are not responsible for these third party payment services, and you assume the risk in using these third party payment services.
You agree to keep your registration information up to date and accurate.
You agree not to reveal your userid and password to anyone else and to keep it confidential. You agree to use a password that is not easily determined from information that can be obtained about you, such as birthdays, anniversaries, children and the like. You agree to make your password difficult to guess and not to use simple words and phrases in the English language in your password.
You are responsible for maintaining the confidentiality and security of your account and for anything that occurs through your account registration with our Services. You will immediately notify us of any security breach of your account. Even if notified promptly, we are not responsible for any harm caused by any security breach of your account.
The privacy of your information is important to us; therefore, we have implemented a privacy policy and provide you with this privacy statement for our Services. This statement explains how we collect, use and disclose your information. You consent to our collection of information about you and your needs, which we will use to assist you with your needs using our Services and services of our agents and affiliated companies. You hereby consent to our collection and use of your information including, without limitation, transfer of your information to the United States of America and/or other countries and regions for storage, processing and use by us and our agents and affiliated companies.
We are not responsible for the content or privacy practices of third parties, even if we provide a hyperlink to those third parties or are responsible for the third parties contacting you, based on information that you provided to us. Check their privacy policy and data security measures.
We collect information about you in a variety of ways in order to provide you with our Services and to customize the services provided to your needs. We collect and store information that you provide to us directly by completing a form or survey, for example. We also collect information whenever you use our Services. For example, we collect information when you contact us by email or telephone, opt to receive emails, register for a webinar, view video-on-demand, chat with us, attend an event, download information, communicate using third party social media, request support, schedule a reminder, set up a watch service or otherwise interact or use our Services.
We collect personal information about you including, without limitation, your name, company name(s), address(es), phone number(s), email address(es), trademark(s), service marks(s), issued and pending patent(s), copyright(s), domain name(s), customer(s), vendor(s), business plan(s), attendance at event(s), webinar(s) and use of our Services, and other information helpful in providing our Services to you. The information that we collect may be stored by us. While we take reasonable commercial measures to secure the information that we store, we do not necessarily encrypt all of your information, and we cannot guarantee that the information that we collect is safe from misappropriation by third parties seeking to access your information illegitimately. We do not collect or store your personal financial information, credit card information or bank information, which is provided only to third parties. Our measures to secure the information that we do collect and store is limited to using commercially available cloud storage and cloud storage providers.
By accessing and using our Services, you are opting to receive communications from us, other subscribers and our affiliates and agents including, without limitation, our email newsletters, promotional emails and reminders. Our email communications provide an easy method for you to unsubscribe or opt out of future emails; however, it is important that we can continue to send emails to you if you elect to receive reminders or watch notices. These reminders and notices may contain promotional advertising or other information than just the reminder and notice including, without limitation, paid advertising. You may not be able to opt out of certain receipt of emails that are required by us to inform you of reminders, notices and information about the availability or changes in our Services.
Cookies and other Technology. We may use cookies and other technologies, such as web beacons, to collect information about you when you interact with our Services (hereinafter "Metadata"). This Metadata helps us to provide better Services to you by determining your browsing behavior. In the aggregate, this information can help us in determining which of our Services are of most interest to our Customers and can help us to identify topics most important to our customers. We may keep logs that tell us information about your use of our Services including, without limitation, the type of browser you use, access times, pages viewed, your IP address(es) and referral links through which you accessed our Services. This Metadata may be used for internal business purposes, such as learning customer behaviors, gathering demographics and gauging customer interests. We may use this to improve our Services and our promotional communications. We can collect and store Metadata, and you hereby grant us a right to use Metadata for any legal purpose.
You can set your browser to accept or refuse cookies. Your choice may limit some of the Services that are available to you.
We may access public databases to collect information about you and may combine this information with information that you have provided to us and that we have collected. Sources of public information may include, without limitation, the United States Patent and Trademark Office’s public records, the records of the World Intellectual Property Office and other third party public databases. We may use private or paid services including, without limitation, those services provided by google and Thomson Reuters. This information may be used to verify or correct the information that you provide to us or to assist us in reminding or notifying you.
We do not sell, rent, trade, license or otherwise intentionally disclose your specific personal information to anyone other than our affiliates. Our affiliates include a variety of vendors used in providing our Services or offering other services, not provided by Pardies IP, including, without limitation, your legal counsel, foreign counsel, event scheduling services, Mailchimp (an email newsletter vendor), live streaming or webinar vendors for live online events, social media such as LinkedIn, Twitter and Facebook, google, CLIO (a legal docketing vendor), Microsoft 365 and Thomson Reuters (a third party watch service provider). We will not request and you should not provide any trade secret information to us.
WE ARE NOT A LAW FIRM, and no attorney-client relationship or privilege will apply to information shared with us. We may disclose information about you if required by law or otherwise in response to requests from law enforcement and other officials conducting investigations and subpoenas or court orders. We may release information when disclosure is required to protect our legal rights, enforce this Agreement or other agreements with you and to protect ourselves or others, such as to reduce the risk of fraud or to prevent the use of our Services for illegal, immoral or unethical schemes or fraud on others. We may share aggregated and non-personal information such as the number of users, visits or visitors to a particular site or the number of views of a particular one of our Services, without identifying you or any other customer, directly.
Upon your request, we will update our information about you, stop sending you emails with the exception of communications that are considered to be an essential part of our Services (unless you cancel our Services), or cancel providing our Services to you. In order to cancel our Services to you and stop being billed, you must cancel our Services through the third party payment service that you used to subscribe to our Services. We might not have access to your account with third party payment services, such as paypal® or Stripe®. You may contact us at [email protected] for assistance, and we will respond within a commercially reasonable time, usually within one business day.
We reserve the right to update our privacy policy and this privacy statement from time to time. When we update this privacy statement, we will post the updates to our Services. If you have questions about this privacy statement or our privacy policy, please contact us at [email protected] or the telephone number provided on our websites.
We do not knowingly collect any personal information from children, and children age 13 and under are not permitted to use our Services. You hereby acknowledge that you are considered an adult person within your jurisdiction and are capable of being legally bound by this Agreement.
OBLIGATIONS
Our Services require you to provide certain information, which is required to be provided timely and accurately. If you fail to provide timely and accurate information or to make timely decisions, then your intellectual property rights may be impaired, abandoned or otherwise lost, affecting their value. We are not responsible for your failure to communicate with us in the ways that we will provide to you, and you must insure that our communications do not get deleted or redirected to spam or elsewhere. You agree to promptly answer our questions and those of our agents and affiliates. You agree to promptly complete and return any and all forms required by us or our agents or affiliates including, without limitation, powers of attorney forms required to represent you before patent offices and trademark offices. You agree to promptly update your contact information with us, whenever it changes, including, without limitation, your email address, telephone and mailing address. You agree to designate a person to be the point of contact in your organization, having the authority to make decisions and to bind your organization to the decisions that your organization makes and the payments authorized. You agree to update the contact person whenever necessary.
COSTS
We attempt to negotiate flat fee rates with agents and foreign counsel on your behalf, but exchange rates and costs can vary from prices quoted. You agree to pay agents and foreign counsel the amounts invoiced in the currency invoiced according to the method required by agents and foreign counsel. This may incur wire transfer fees or other costs not included in the original invoice. We will not be responsible for paying any amount to agents or foreign counsel for fees or costs, and your failure to timely pay invoiced fees or costs can cause complete loss of your rights in intellectual property. We will attempt to provide you with adequate notice and reminders of the deadlines for these fees and costs, but your agree to be responsible for early payment and early decisions that do not push deadlines close to the point of losing your rights in intellectual property.
Invoices provided to you are estimates of the fees and costs, and you agree to pay any difference between the estimates and the actual fees and costs. An invoice is not an offer to provide services, and we are not bound to provide Services to you until payment is received for Services. Costs and fees change frequently. Failure to timely respond may cause costs and fees to increase, and you agree to pay the additional cost and fees caused by any increase caused by your delay.
Delay in authorization or payment may lead to abandonment of your rights in intellectual property or may require additional fees for revival or reinstatement of rights, if available.
Our fees and the fees and costs charged by agents and affiliates are subject to change at any time and do fluctuate in actual practice based on exchange rates, availability and workload.
Failure to comply with the instructions on an invoice including, without limitation, due dates, payment instructions and communications may cause us to terminate our Services to you. If we terminate Services to you, we will not refund any amounts paid for subscriptions or Services already rendered. We will only refund any amounts that we are holding in trust for you for Services that have yet to be rendered and have been cancelled, and then we will only refund the portion held, less any costs and fees for Services already rendered on your behalf. You acknowledge that we seldom hold any fees and costs in trust. If you are not responsible for paying such fees and costs directly to our agents or affiliates, then we usually transmit such fees and costs after our financial institution indicates that your draft has cleared through your financial institution.
You agree that we, our agents and affiliates may issue a subsequent invoice if the fees or costs invoiced change between the time that the original invoice is paid and the fees or costs are paid to a patent office or trademark office.
You acknowledge that your delays in making decisions or prepaying invoices may cause abandonment of your intellectual property rights, the occurrence of late fees, an increase in costs for rushed work, overtime or fees for extensions of time to file late documents or translations.
You acknowledge that once instructions are given, cancellation of the instructions may not be possible. A fee will be incurred for any cancellation of instructions already given, based on the costs already incurred as a result of the initial instructions and the time and effort required to cancel the previously issued instructions. We may not agree to cancel previous instructions after foreign counsel or agents have received and acted on your instructions.
We offer no guarantees. We offer no guarantees that legal counsel or agents, whether foreign or domestic, will timely complete their work, and your sole recourse for any failure of legal counsel or agents to timely complete their work is with the legal counsel or agents, directly. We offer no guarantee that your patent or trademark will be granted, renewed or maintained. We offer no guarantee that our Services will help you to decide whether or not you should protect your intellectual property by registering, renewing or maintaining your intellectual property.
Agents and foreign counsel work directly for you, and our Services are limited to backup reminders and watch notices, in addition to those you and/or your legal counsel have put in place. We are happy to contact any legal counsel or agent appointed by you on your behalf to arrange for your patent or trademark services. In most instances, you will make payment directly with the agents or foreign counsel, in advance. Those legal counsel and agents listed on our Services are independent third party providers. We do not endorse them, and we do not guarantee their services. We may help to arrange for transfer of payments and currency conversion on your behalf as an additional Service to you, only after verifying your credit worthiness. We will not transfer any funds until our financial institution indicates that your funds have cleared your financial institution. This may cause delays in transfer of funds, and we encourage you to provide sufficient time for funds transfer and clearance or to make arrangements to pay foreign counsel or agents directly. We may use the services of a credit reporting agency, law firm or financial service provider in deciding whether to provide these services to you or in providing these services to you, and you agree and authorize us to use a credit reporting agency, law firm or financial service provider.
We offer no guarantee that your intellectual property has any value. We offer no guarantee that your pending application will be granted or registered by any patent office or trademark office. This is a matter for the offices to decide, and you should seek legal counsel from a registered agent or attorney in the appropriate jurisdiction to determine whether or not your application has merit in that jurisdiction.
BANKRUPTCY
You agree that if you enter into bankruptcy or have a change in your financial situation that we can cancel any Services, without prepayment and assurances that such prepayment will not be revoked by a court, trustee or receiver, and we can notify foreign counsel of your bankruptcy or change in your financial situation.
NOT A LAW FIRM
Paradies IP is not a law firm, and we do not provide legal services. Agents and foreign counsel located in foreign jurisdictions and the United States of America may or may not provide legal services, depending on local law, rules and regulations. Christopher Paradies is, as of 2019, a Florida Bar certified intellectual property attorney and U.S. Registered Patent Attorney and offers legal services through Paradies Law P.A., an intellectual property law firm. Unless you have retained his services as a client of Paradies Law P.A., no attorney-client relationship exists with him or Paradies Law P.A. Often, patent agents provide patent services that are not legal services. Rules vary according to jurisdiction. In the United States of America, laws, rules and regulations governing the practice of law vary from state to state. Our Services are educational and administrative. We may provide forms, backup reminders and watch notices for your company that help you to create custom agreement and to know when it is time to take some action with respect to your intellectual property. We do not advise you on the legal implications of taking any legal action. Our self-help educational products teach you how to own, protect and grow the value of your intellectual property, help your business to develop its own intellectual property plan, and help you to identify and create your own agreements to be used in your business to own, protect and grow the value of your intellectual property and to transfer that value to your brand, depending on the plan, pass and/or tier of your subscription. Not all subscriptions or courses have access to the same training and agreements. These education products are not legal services, and you should consult your own legal counsel about any agreement before entering into a legal agreement with anyone. Our educational products will help you to be better able to identify individuals and businesses that should enter into agreements with you and to determine the types of intellectual property that might be created by certain relationships with third parties.
Since our Services are educational and administrative, we do not conduct conflict checks. Whether your agent or legal counsel conducts a conflict check will depend on the laws, rules and regulations of the jurisdiction applicable to your agent or legal counsel. While we may retransmit or receive copies of communications received from your agent or legal counsel, we use such communications only to update due dates and to set up reminders for you.
You agree not to assert the existence of any conflict, and we have the right to cancel Services to you if you assert the existence of a conflict, without reimbursing any amounts paid by you.
You agree not to assert that a conflict exists that would prevent any agent, attorney or foreign counsel from representing a third party. If you determine that a conflict exists with the use of any agent or foreign counsel, then you agree to find a different agent or foreign counsel. If you determine that a conflict exists with the use of any agent or foreign counsel after the agent or foreign counsel provides services to you, then you agree to have the agent or foreign counsel transfer your matters to a different agent or foreign counsel, without preventing the agent or foreign counsel from continuing to represent any other third party. In any jurisdiction where this provision is unenforceable or void, this provision shall be severed from the remainder of this Agreement, and the remainder of the Agreement shall remain enforceable.
BINDING ARBITRATION, CHOICE OF LAW
IF ANY DISPUTE ARISES BETWEEN YOU AND US, THEN YOU AGREE THAT THE DISPUTE WILL BE SUBJECT SOLELY AND EXCLUSIVELY TO BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE LOCATION OF THE ARBITRATION SHALL BE TAMPA, FLORIDA, SHALL BE EXPEDITED AND BASED ON DOCUMENTS, ALONE, AND MAY NOT INCLUDE LIVE WITNESSES, UNLESS REQUESTED BY THE ARBITATOR, AND THE DECISION OF THE SINGLE ARBITRATOR SHALL BE FINAL AND BINDING UPON ALL PARTIES TO THE ARBITRATION. THE PARTIES SHALL SPLIT THE COSTS OF ARBITRATION EQUALLY. FAILURE TO PAY YOUR SHARE OF ARBITRATION OR TO ABIDE BY THE RULINGS OF THE ARBITRATOR WILL RESULT IN YOUR IMMEDIATE DEFAULT AND COULD RESULT IN A JUDGMENT AGAINST YOU FOR YOUR SHARE OF THE ARBITRATION AND OTHER COSTS, SUCH AS OUR ATTORNEYS FEES AND COSTS.
You agree that this Agreement shall be interpreted and enforced according to the laws of the State of Florida, without recourse to Florida’s choice of law and conflict of laws provisions, as if executed and fully performed solely in the State of Florida.
FORCE MAJEURE
We are not liable for any claims arising from failure to perform the Services due to unforeseen circumstances or events, such as denial of service attacks, Internet outages, power outages, war, revolutions, terror attacks, natural disasters, riots, criminal activity, disaster or government actions.
ENTIRE, FINAL, COMPLETE
This Agreement, together with our privacy statement, is the entire, final and complete agreement between you and Paradies IP regarding the Services provided by us and supersedes and replaces any and all prior agreements between you and Paradies IP. Our revisions to this Agreement shall be announced on the websites associated with our Services and shall take effect immediately. You agree that you have had the opportunity to review and consider the terms and conditions of this Agreement fully and had the opportunity to consult with legal counsel about the terms and conditions in this Agreement.
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