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8. DISPUTE RESOLUTION BY BINDING ARBITRATION
Please read this carefully. It affects your rights. Summary:
Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting our Customer Support at firstname.lastname@example.org. In the unlikely event that the Patent Hacks’ support is unable to resolve your complaint to your satisfaction (or if Patent Hacks has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration, exclusively in Phoenix, Arizona or in small claims court, rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. The arbitrator shall apply the same limitations period that would apply in court.
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(a) Patent Hacks and you agree to arbitrate all disputes and claims in the amount of $75,000 or less between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
For the purposes of this Arbitration Agreement, references to “Patent Hacks,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, employers, business partners, shareholders, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us. Beneficiaries include, but are not limited to, those named in an estate planning document.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Patent Hacks are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.
(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to Patent Hacks should be addressed to: Notice of Dispute, General Counsel, Patent Hacks, LLC, 1375 N. Scottsdale Road, Suite 330, Scottsdale, Arizona 85257 (the “Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If Patent Hacks and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Patent Hacks may commence an arbitration proceeding.
You may download or copy a form to initiate arbitration from the American Arbitration Association (“the AAA”) website at https://www.adr.org.
(c) The arbitration will be governed by the Consumer Arbitration Rules (the “AAA Rules”) of the American Arbitration Association, and will be administered by the AAA.
(d) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND PATENT HACKS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and Patent Hacks agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
(e) If the amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.
(f) Notwithstanding any provision in the applicable Terms to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to any notice address, website link or telephone number provided herein), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.
11. Rights and Responsibilities of Patent Hacks.
Patent Hacks is not the publisher or author of the User Content. Patent Hacks takes no responsibility and assumes no liability for any content posted by you or any third party.
Although we cannot make an absolute guarantee of system security, Patent Hacks takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by email at email@example.com for help.
If Patent Hacks’ technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, Patent Hacks reserves the right to delete those files or to stop those processes. If the Patent Hacks technical staff suspects a user name is being used by someone who is not authorized by the proper user, Patent Hacks may temporarily disable that user’s access in order to preserve system security. In all such cases, Patent Hacks will contact the member as soon as feasible.
Patent Hacks has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re- categorize to a more appropriate location or otherwise change any User Content.
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You are legally and ethically responsible for any User Content – writings, files, pictures or any other work – that you post or transmit using any Patent Hacks service that allows interaction or dissemination of information. In posting User Content, you agree that you will not submit any content:
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You grant Patent Hacks a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you. You have the right to remove any of your works from User Content at any time.
You are not required to provide your real name when signing up as a user of Patent Hacks. Patent Hacks permits anonymous or pseudonymous accounts. Any user may request that such member’s email address be hidden to provide for additional privacy.
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15. Unsolicited Submissions. Except as may be required in connection with your use of Patent Hacks Services, Patent Hacks does not want you to submit confidential or proprietary information to us through this Site or the Platform. All comments, feedback, information or material submitted to Patent Hacks through or in association with this Site shall be considered non-confidential and Patent Hacks’ property. By providing such submissions to Patent Hacks you hereby assign to Patent Hacks, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. Patent Hacks shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
16. Compliance with Intellectual Property Laws. When accessing Patent Hacks or using the Patent Hacks patent application preparation Service, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your Patent Hacks user account.
Patent Hacks has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of Patent Hacks or of a third party or that violate intellectual property rights generally. Patent Hacks’ policy is to remove such infringing content or materials and investigate such allegations immediately. Copyright Infringement:
(a) Notice. Patent Hacks has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. The Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed the rights of the Company or of a third party, or otherwise violated any intellectual laws or regulations. The Company’s policy is to act expeditiously upon receipt of proper notification of claimed copyright infringement to remove or disable access to the allegedly infringing content. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, email address; (5) 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 (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above written information must be sent to our registered Copyright Agent:
c/o Patent Hacks, LLC
1375 N. Scottsdale Road, Suite 330
Scottsdale, AZ 85257
(b) Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a written counter-notice containing the following information to the Copyright Agent: (1) Your physical or electronic signature; (2) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (4) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Maricopa County, Arizona, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter- notice is received by the Copyright Agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Company’s sole discretion.
(c) Inappropriate Content. When accessing the Site, the Platform, or using Patent Hacks’s Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (i) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or
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18. Personal Use. The site is made available for your personal use on your own behalf.
(a) Children. Minors are not eligible to use the Site or Platform and we ask that they do not submit any personal information to us.
(b) Non-English-Speaking Customers. Certain materials on the Patent Hacks site, including but not limited to questionnaires, documents, instructions, and filings, are only available in English. Non-English translations of these Terms, as well as other terms, conditions, and policies, are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.
(c) Customers Needing Extra Assistance. Patent Hacks aims to provide full access to its website and product offerings regardless of disability. If you are unable to read any part of the Patent Hacks website, or otherwise have difficulties using the Patent Hacks website, please email us at firstname.lastname@example.org and our Customer Support team will assist you.
20. Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, patenthacks.com, ALL RIGHTS RESERVED.
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22. Inquiries. BY USING PATENT HACKS’S SERVICES OR ACCESSING THE PATENT HACKS SITE OR PLATFORM, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO PATENT HACKS VIA THE PATENT HACKS SITE OR PLATFORM CONSTITUTES AN INQUIRY TO PATENT HACKS, AND THAT PATENT HACKS MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).
23. Right to Refuse. You acknowledge that Patent Hacks reserves the right to refuse service to anyone and to cancel user access at any time.
Updated: July 21. 2020
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