DataNovo’s Terms of Use
Last update: August 17, 2015

The following terms and conditions (hereinafter, “Terms of Service” or “Agreement”), govern Your access to and use of all services, features, applications, and websites offered by DataNovo or DataNovo affiliated licensees, including any content, functionality and services offered on or through DataNovo (collectively, the “DataNovo Services”).

DataNovo provides data and documents on or from the federal government on intellectual property matters. DataNovo Site Definition: Web site, services, features, functionalities, etc., may be collectively referred to as “DataNovo” or the “DataNovo Services”. This Terms of Use Agreement (“ToU”) sets forth the legally binding agreement for Your use of the DataNovo Site (www.datanovo.com), which You accept by using the DataNovo Site. The ToU, as revised from time to time, shall remain in full force and effect while You use the DataNovo Site. We may change the ToU from time to time without notice by posting on the DataNovo Site, a revised ToU that becomes effective upon posting and Your use of the DataNovo Site after such posting is Your acceptance of the posted ToU.

AGREEMENT

Those who use or visit the DataNovo Site or use its services agree to the provisions of the then-current ToU and Privacy Policy (incorporated into the ToU by reference) and all applicable laws relating to the DataNovo Services. If at any point You do not agree to the ToU, You must discontinue Your use of the DataNovo Site. LIMITED CONFIDENTIALITY. The operational details of this web site, including its manner and means of operation, cognizable database or data structure features, or other details not facially evident from basic use (e.g., mechanisms by which dockets are tagged, advanced search mechanisms, etc.), have from inception been and remain confidential. By using this web site You so agree; and You agree to reasonably maintain such confidentiality within the legal entity or branch of government granted access hereto. Analytic work product of any DataNovo user (so long as it does not, alone or in the aggregate, flout any DataNovo rights outlined herein), is not subject to this confidentiality term.

ALL RESERVABLE RIGHTS RESERVED

Individual government documents, and the sets thereof, are owned by the government and the public. DataNovo has no rights in such documents themselves. DataNovo does retain all rights to the look and feel of its web site, its services, all derivative data, all data related to or extracted from the documents and facts covered herein, and the entirety of the manner of which such data is accessed, displayed, and used. All reservable rights are retained by DataNovo, both by contract, and under federal and state law (including copyright, anti-hacking, and other laws). See also below.

NO CRAWLING

You hereby agree that neither You nor any party, person, or computational agent in any way related to You, will automatically extract information from this web site. You further agree not to copy wholesale portions of the underlying data, database, system framework, or features, in ANY way (manually or automatically via code, scripts, or bots).

NO UNAUTHORIZED COPYING OF FEATURES, DATABASE ELEMENTS, WEB SITE, ETC.

By any use hereof, You agree that neither You nor any related entity, employer, colleagues, affiliate, etc., shall commit wholesale, material, or substantial copying of DataNovo’s features, database elements, web site, etc. Moreover, You are also expressly prohibited from directly or indirectly using Your access/use to aid or contribute to any third party’s copying or attempted replication of same, or allowing Your account or access to be used for such purpose.

FAIR USE AND COPYRIGHT LIMITATIONS

The public is most likely entitled under the doctrine of fair use to use non-sealed documents filed in litigation. However, to promote clarity and certainty, DataNovo requires all users to permit DataNovo to use any court documents filed by the users as provided in the following waiver: As defined and limited herein, You agree, on behalf of Yourself and any party on whose behalf You use DataNovo, not to enforce any copyright in any documents filed in federal or state court or the United States Patent and Trademark Office that were prepared for purposes of litigation and/or trial. This waiver applies to DataNovo and its affiliates and any present, former, or future agent or licensee of them and is limited to claims based upon the inclusion of such documents in DataNovo.

DATANOVO MAY PURSUE VIOLATORS IN CONFORMITY WITH FEDERAL COURT ORDERS, AND PRIVATE CONTRACT

DataNovo may be forced to pursue violators of its data access policies. You understand and agree to this policy. By using or accessing this site in any way—whether individually, through a third party agent, or by automated, computational process—You agree that You understand and will comply with such policies, and You waive all rights to challenge DataNovo’s right of enforcement.

SPECIFIC DISCLAIMERS

This database / web site, and the data therein—along with all related functionalities, services, and features—is provided on an “as is” basis. Nothing on this site is intended to be, nor can it be in any way be construed as, legal counsel. Consult a licensed legal professional for all legal matters—including ALL intellectual property matters, and all matters relating thereto. Neither DataNovo nor any of its affiliates or non-profit or academic partners, is in any way representing that the data posted herein is complete or reliable. ON THE CONTRARY, WE HEREBY STATE THAT SUCH POSTED DATA IS IN “ALPHA”, OR EXPERIMENTAL FORM, AND IS THEREBY KNOWN TO BE BOTH INCOMPLETE AND UNRELIABLE. All statistical information on the courts and the U.S. Patent and Trademark Office is GENERALLY AND GLOBALLY known to be, or has historically been, highly unreliable. Any party reviewing or in any way making use of such data should conduct independent confirmations of such data.

GENERAL DISCLAIMERS

YOU AGREE THAT THE DATANOVO SITE AND ALL RELATED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND YOUR USE OF THE DATANOVO SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DATANOVO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. DATANOVO MAKES NO WARRANTIES THAT THE DATANOVO SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THE DATANOVO SITE WILL MEET YOUR REQUIREMENTS; THAT THE DATANOVO SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE DATANOVO SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE DATANOVO SITE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR WIRELESS DEVICE AND FOR ANY LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. DATANOVO DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND USER SHALL NOT RELY ON ANY SUCH STATEMENT OF WARRANTY. THE DATANOVO SITE MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES OR OTHER SITES THAT ARE NOT OWNED OR CONTROLLED BY THE DATANOVO. DATANOVO HAS NO CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES OR OTHER SITE. IN ADDITION, DATANOVO WILL NOT AND CANNOT CENSOR OR EDIT THE CONTENT OF ANY THIRD-PARTY WEBSITE OR SERVICE. YOU EXPRESSLY RELIEVE DATANOVO FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR SERVICES. DATANOVO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. DATANOVO WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. DATANOVO DOES NOT ENDORSE OR WARRANT ANY CONTENT OR THE COMMENTS, VIEWS, OPINIONS, RECOMMENDATIONS OR ADVICE EXPRESSED VIA THE DATANOVO SITE. DATANOVO IS NOT RESPONSIBLE FOR ANY CONTENT OR THE ACCURACY, USEFULNESS OR SAFETY THEREOF, NO MATTER THE SOURCE. DATANOVO MAY, BUT IS NOT OBLIGATED TO, PREVIEW, REVIEW, SCREEN, OR EDIT CONTENT. YOU MAY BE EXPOSED TO CONTENT THAT IS INACCURATE, OFFENSIVE, INDECENT, OBJECTIONABLE, INFRINGING, AND YOU HEREBY AGREE TO WAIVE ANY LEGAL RIGHTS AND REMEDIES YOU MAY HAVE AGAINST DATANOVO.

LIMITATION ON LIABILITY

IN NO EVENT SHALL DATANOVO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, WORK STOPPAGE, COMPUTER FAILURE, LOSS OF DATA OR INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE DATANOVO SITE. UNDER NO CIRCUMSTANCES WILL DATANOVO BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE DATANOVO SITE, YOUR ACCOUNT, OR THE INFORMATION CONTAINED THEREIN DATANOVO ASSUMES NO LIABILITY WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE DATANOVO SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE DATANOVO SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE DATANOVO SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT DATANOVO SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

PRIVACY

DataNovo’s Privacy Policy, which can be found here, is incorporated by reference into this ToU.

INDEMNITY

You agree to defend, indemnify and hold harmless DataNovo, its officers, directors, employees and agents, and representatives (“Indemnified Parties”) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) (“Claim”) brought against the Indemnified Parties by a third party to the extent such Claim is based upon an allegation that Your use of and access to the DataNovo site: (i) caused damage to such third party (including instances where a Claim against any Indemnified Party is based on Your analysis deriving from or relating to DataNovo or DataNovo site data); (ii) violated this ToU or any applicable law, regulation, rule or order; (iii) violated any third party right, including without limitation, any copyright, other intellectual property, or privacy right; and/or (iv) caused personal injury or damage to tangible property of the third party.

ENTIRE AGREEMENT

Your or Your legal entity’s contract with DataNovo (“Client Contract”), together with this ToU, the Privacy Policy, and any other ancillary legal notices or rules published by DataNovo on the DataNovo Site, shall constitute the entire agreement between You and DataNovo concerning the DataNovo Site. DataNovo reserves, at its sole discretion, the option of offering You additional agreements for additional services or other matter. In the event of a conflict between this ToU and any other DataNovo agreement, policy, rule, or notice, unless expressly stated otherwise, the Client Contract shall control.

CHOICE OF LAW & FORUM

The ToU and the relationship between You and DataNovo shall be governed by, construed and enforced in accordance with the laws of the State of Delaware and the United States, without regard to any principles of conflicts of laws. You agree that any legal lawsuit or other action brought by DataNovo, You or any third party to enforce this ToU, or in connection with any matters related to the DataNovo Site, shall be subject to only the jurisdiction of either the state or federal courts located in Delaware, and You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within that jurisdiction. You agree that DataNovo Site includes only passive websites that do not give rise to personal jurisdiction over DataNovo, either specific or general, in jurisdictions other than Delaware.

STATUTE OF LIMITATIONS

You agree that, regardless of any statute or law to the contrary (to the extent contractual waiver of statute of limitations is permissible under such statute or law), any claim or cause of action, arising out of or related to use of the DataNovo Site or the ToU, must be filed within one (1) year after such claim or cause of action arose or be forever barred.

LEGAL COMPETENCE TO ACCEPT TOU

By Your use of the DataNovo Site, You affirm that You are either are at least 13 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the ToU, and to abide by and comply with the ToU.

SEVERABILITY

Should any subsection, section, are number of sections of this ToU be found unenforceable by a court of law, the remainder shall be enforceable and fully in effect.

OTHER

The section titles in this ToU are for convenience only and have no legal or contractual effect. If any provision of this ToU is unlawful, void or unenforceable, that provision is deemed severable from this ToU and shall not affect the validity and enforceability of any remaining provisions. The failure or delay of the DataNovo to enforce or exercise any right or provision of this ToU shall not operate as a waiver of such right or provision without express written waiver by the DataNovo. At any time, the DataNovo may without notice make changes to the DataNovo Sites or features offered thereon. The DataNovo may assign its rights, including license rights, under this ToU, without consent by You or any other party. BY ANY USE OR ACCESS HEREOF, YOU AGREE THAT