Terms and Conditions
PatentFiler.com is a website owned and operated by Cislo & Thomas LLP, U.S. Patent Attorneys.
By accessing and using PatentFiler.com the User understands that Cislo & Thomas LLP does not offer legal advice. Provisional patent applications are filed by Cislo & Thomas LLP with only the material provided by the User.
User agrees to give Cislo & Thomas LLP the authority to file his or her provisional patent application based on the materials provided by the User. User agrees that Cislo & Thomas LLP will not review the application for the adequacy of the disclosure. User agrees that the invention described herein has not been in use, on sale, or publically disclosed for more than one (1) year.
User agrees that Cislo & Thomas LLP will not be modifying any materials provided by the User for purposes of filing the preliminary provisional patent application. We recommend consulting with a patent attorney to file a more detailed and subsequent provisional and/or utility patent application, at the earliest time and no later than 12 months from filing the first provisional patent application.
User agrees that Cislo & Thomas LLP may file any provisional patent application even if there is a conflict of interest, and waives any such conflict to insure that the application is filed in due course. User agrees that should there be a conflict of interest Cislo & Thomas LLP can discontinue any efforts on behalf of the User, but should be allowed to continue to represent any existing clients where the conflict has arisen. User agrees and certifies that User has sought independent counsel on this issue and agrees that Cislo & Thomas LLP should file the provisional patent application should any conflict arise, and then notify User of any conflict. User agrees with this approach so that there is no delay in filing User’s application due to any potential conflict with another Cislo & Thomas LLP client.
User herby agrees and grants to Cislo & Thomas LLP his/her Power of Attorney to take any such acts as necessary to file a provisional patent application with the United States Patent and Trademark Office.
LICENSE TO USE WEBSITE
Unless otherwise stated, Cislo & Thomas LLP and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all of these intellectual property rights are reserved. No claim is made by Cislo & Thomas LLP to any material input into the website by a User.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not: republish material from this website (including republication on another website); sell, rent, or sub-license material from the website; show any material from the website in public; reproduce, duplicate, copy, or otherwise exploit material on this website for a commercial purpose; edit or otherwise modify any material on the website; or redistribute material from this website (except for content specifically and expressly made available for redistribution).
ATTORNEY CONSULTATION
Cislo & Thomas LLP offers a patent attorney consultation at User’s request for a fee of $250 for up to 1 hour of consultation either telephonically or in person at Attorney's offices. User needs to arrange for the consultation with Cislo & Thomas LLP.
Should User elect to file without a patent attorney consultation, User agrees to pay $395 USD for a micro-entity, $495 USD for a small entity, and $595 USD for a large entity. The User may also, or in the alternative, elect an up to one (1) hour-long attorney consultation regarding his/her provisional patent application at an additional fee of $250 USD. The consultation is limited to one (1) hour of legal advice with a registered U.S. patent attorney, if the User elects this service. User may instead and shall be able to file User's provisional patent application without a consultation, which is not recommended.
ACCEPTABLE USE
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
In creating a User account or filing a provisional patent application at PatentFiler.com, personal information required in registration and provided by the User must be accurate and complete. User’s account name and password, and the confidentiality thereof, are entirely the responsibility of the User.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
If a User files a provisional patent application with PatentFiler.com and uses a promotional discount code provided to them by a patent law professional, User agrees that their filing information and provisional patent application as it was filed with the United States Patent and Trademark Office will be shared via e-mail with the patent law professional associated with that promotional code. User agrees that he/she desires that information be provided to further help the user with any further legal matters associated with his/her patent filing.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without our express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without our express written consent.
In creating a User account at PatentFiler.com, personal information required in registration and provided by the User must be accurate and complete.
User’s account name and password, and the confidentiality thereof, are entirely the responsibility of the User.
User agrees not to submit content to PatentFiler.com that contains information that they know to be misleading, false, an infringement of existing intellectual property, or that violates any statute, regulation, code, or law.
Should you decide to authorize Cislo & Thomas LLP to record your PatentFiler-generated assignment of your provisional application, User agrees that all information it submits is true and correct and that User is the inventor and/or has the authority to request Cislo & Thomas to record the assignment with the United States Patent Office.
User agrees that Assignments may become publicly available in the future once filed, and/or affect property rights in the provisional application and shall obtain an independent legal consultation before having Cislo & Thomas LLP record patent assignment(s).
RESTRICTED ACCESS
Access to certain areas of this website is restricted. We reserve the right to restrict access to areas of this website, or indeed this entire website, at our discretion.
If we provide you with a User ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the User ID and password are kept confidential.
We may disable your User ID and password at our sole discretion without notice or explanation.
USER CONTENT
In these terms and conditions, “your User content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
Your User content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Cislo & Thomas LLP or a third party (in each case under any applicable law).
You must not submit any User content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to this website, or stored on our servers, or hosted or published upon this website.
Notwithstanding our rights under these terms and conditions in relation to User content, we do not undertake to monitor the submission of such content to, or the publication of such content on, this website.
NO WARRANTIES
This website is provided “as is” without any representations or warranties, express or implied. We make no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, we do not warrant that: This website will be constantly available, or available at all; or The information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal matter you should consult an appropriate professional.
Cislo & Thomas LLP will attempt to alert you to your twelve (12) month deadline to file your non-provisional patent application, but does not guarantee that it will do so. User may opt to unsubscribe from the monthly e-mails, but will then no longer be reminded of User's upcoming non-provisional filing deadline. Therefore, User must calendar the 12-month deadline.
USER OBLIGATION
User is solely responsible for the completeness of disclosure of any and all information, personal or otherwise and warrants the completeness of the invention disclosure in the provisional patent application.
LIMITATIONS OF LIABILITY
We will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website: for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if we have been expressly advised of the potential loss.
Cislo & Thomas LLP shall file any provisional patent application material input into PatentFiler.com without modification. Attorney consultations with Cislo & Thomas LLP occur independent of the User’s dealings with PatentFiler.com
We offer no assurance of the User’s success in securing his/her patent. Patents may not be issued for any number of reasons; as the sole drafter of the application, the User assumes all responsibility for the outcome of his/her application. Additionally, the User is entirely responsible for the provision and veracity of personally created or uploaded content.
EXCEPTIONS
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit our liability in respect of any matter which it would be illegal or unlawful for Cislo & Thomas LLP to exclude or limit, or to attempt or purport to exclude or limit, its liability.
REASONABLENESS
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
OTHER PARTIES
You accept that, as a limited liability entity, we have an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect our officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Cislo & Thomas LLP.
UNENFORCEABLE PROVISIONS
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
PROVIDING USER INFORMATION TO USER’S ATTORNEY
Cislo & Thomas LLP shall only provide information to User’s attorney should it have one where User so designates that User has an attorney and provides contact information to User’s attorney.
INDEMNITY
You hereby indemnify Cislo & Thomas LLP and undertake to keep Cislo & Thomas LLP indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Cislo & Thomas LLP to a third party in settlement of a claim or dispute on the advice of Cislo & Thomas LLP legal advisers) incurred or suffered by Cislo & Thomas LLP arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
BREACHES OF THESE TERMS AND CONDITIONS
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
VARIATION
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
ASSIGNMENT
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
DISCHARGE AND WITHDRAWL
User may discharge Attorneys at any time, upon written notice to Attorneys. Attorney may withdraw from representation of Client (a) with Client’s consent, (b) upon court approval, or (c) if no court action has been filed, for good cause and upon reasonable notice to User. Among the acts constituting good cause are User’s breach of this Agreement (including User’s failure to pay Attorneys’ cost as specified herein), User’s refusal to cooperate with Attorneys or to follow Attorneys’ advice on a material matter, User’s failure to respond to Attorney’s letters within thirty (30) days, or any act or circumstance that would render Attorneys’ continuing representation of Client unlawful or unethical.
Attorneys and User each agree to sign any documents reasonably necessary to complete Attorneys’ discharge or withdrawal.
DISPUTES
Any controversy, claim or dispute arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate (except at the option of either party for any application for injunctive relief) shall be finally settled by arbitration in the County of Los Angeles, California under the rules of the American Arbitration Association (AAA) before a panel of three (3) arbitrators and judgment upon the award rendered may be entered in any court having jurisdiction. In this regard, the parties submit to the personal subject matter jurisdiction of the State of California. The arbitration provisions of this Section shall be interpreted according to, and governed by, the Federal Arbitration Act, and any action to enforce any rights hereunder shall be brought exclusively in the U.S. District Court for the Central District of California. EACH PARTY HERETO KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT TO A TRIAL BY JURY OF ANY DISPUTE RELATING TO THIS AGREEMENT AND AGREES THAT ANY SUCH ACTION SHALL BE ADJUDICATED BY AN ARBITRATOR AND WITHOUT A JURY.
The parties may mutually agree upon any procedure for appointing the arbitrators and shall inform the JAMS administrator as to such procedure; however, if all of the parties have not mutually agreed on a procedure for appointing the arbitrators or have not mutually agreed on the designation of the arbitrators within forty-five (45) days after the commencement of the arbitration, each side shall have the option to select one (1) arbitrator, and the JAMS administrator shall unilaterally appoint and designate the presiding arbitrator to complete the three (3) arbitrator panel.
If a party fails to file a statement of defense within the time established by the tribunal without showing sufficient cause for such failure, as determined by the tribunal, or if a party, duly notified, fails to appear at a hearing without showing sufficient cause for such failure, as determined by the tribunal, the tribunal may proceed with the arbitration; or if a party, duly invited to produce evidence or take any other steps in the proceedings fails to do so within the time established by the tribunal without showing sufficient cause for such failure, as determined by the tribunal, the tribunal may make the award on the evidence before it.
The arbitrators may, in the Award, allocate all or part of the costs of the arbitration, including the fees of the arbitrators and the reasonable attorneys’ fees of the prevailing party.
Notwithstanding the foregoing, in any dispute concerning attorneys’ fees, charges, costs, or expenses incurred subject to the jurisdiction of the State of California, User has the right to elect arbitration pursuant to the fee arbitration procedures of the State Bar of California, as set forth in California Business and Professions Code Section 6200, et seq. Those procedures permit a trial after arbitration, unless the parties agree in writing, after the dispute has arisen, to be bound by the arbitration award. If, after receiving a notice of User’s right to arbitrate, User does not elect to proceed under the State Bar fee arbitration procedures, and file a request for fee arbitration within 30 days, any dispute over fees, charges, costs or expenses, will be resolved by judicial proceedings before any State court located in Los Angeles, California, and the prevailing party in any such action or any proceeding to enforce any provision of this Agreement will be awarded Attorneys’ fees and cost incurred in that action or proceeding, including, without limitation, the value of the time spent by Attorneys to prosecute or defend such action (calculated at the hourly rates then normally charged by Attorneys to clients which it represents on an hourly basis).
Because each party is giving up a right, User is encouraged to have an independent lawyer of User’s choice review these arbitration provisions before agreeing to them.
By agreeing below, User and Attorneys confirm that they have read and understand the paragraphs in this Section, and voluntarily agree to these provisions. In doing so, User and Attorneys voluntarily give up important constitutional rights to trial by judge or jury, as well as rights to appeal. User is advised that User has the right to have an independent lawyer of User’s choice review these arbitration provisions, and this entire agreement, prior to signing this Agreement.
NOTICE
User shall provide Cislo & Thomas LLP with written notice of any change of address or e-mail within ten (10) days of any change of address or e-mail.
EFFECTIVE DATE
This Agreement will govern all legal services performed by Attorney on behalf of User commencing with the date Attorney first performed services. The date at the beginning of the Agreement is for reference only. Even if this Agreement does not take effect, User will be obligated to pay Attorney the reasonable value of any services Attorney may have performed for User.
MISCELLANEOUS
(a) This Agreement is agreed to voluntarily and without any duress or undue influence on the parties or their officers, employees, agents or attorneys. Neither party is relying upon any inducements, promises or representations not contained herein made by the other party or any of its officers, employees, agents or attorneys. The parties hereto acknowledge that they have been represented in the litigations for, and in the preparation of this Agreement, by counsel, that they have had this Agreement fully explained to them by such counsel, and that they are aware of its contents and of its legal effect.
(b) Any provision of this Agreement which is invalid, illegal or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective only to the extent of such invalidity, illegality or unenforceability, and shall not in any manner affect the remaining provisions hereof in such jurisdiction or render any other provision of this Agreement invalid, illegal or unenforceable in any other jurisdiction.
(c) This Agreement shall be governed by and interpreted in accordance with the laws of the State of California. The parties consent to personal jurisdiction and venue in the United States District Court for the Central District of California or the Superior Court for the County of Los Angeles.
(d) This Agreement contains the entire agreement between the parties as to the subject matter hereof. This Agreement may not be modified or amended except by a written amendment signed by an officer of each party, except as specified herein.
(e) No party has heretofore assigned, transferred, granted, or purported to assign, transfer or grant, or by operation of law been required to assign, transfer or grant, any of the claims, counterclaims and defenses disposed of by this Agreement.
(f) Each party agrees that it could have cooperated in the drafting and preparation of the Agreement. Hence, the agreement shall not be construed against any particular party. Should User want different terms and conditions, he/she needs to contact Attorneys to consider any changes requested.
(g) Each party represents that it has the right, power and authority to execute this Agreement and to thereby become bound by this Agreement and each of the obligations imposed hereby.
(h) We expect to file all provisional patent applications submitted to PatentFiler.com as quickly as possible, and no later than 48 hours after a provisional patent application is submitted to PatentFiler.com.
(i) PatentFiler.com and/or Attorneys are not responsible for any undelivered email correspondence or messages sent to any User or potential User. User agrees to telephonically contact PatentFiler.com by care of Cislo & Thomas LLP at 310-451-0647 if User does not receive confirmation of a United States Patent Serial Number or Filing Date provided by Attorneys.
(j) No legal advice is provided by Cislo & Thomas LLP for those third parties filing outside of the United States, or who are residents of countries other than the United States, other than undertaking any filing input to PatentFiler.com with the United States Patent Office.
THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE TO THEM, AS OF THE DATE ATTORNEY FIRST PROVIDED SREVICES. IF MORE THAN ONE USER AGREES BELOW, EACH AGREES TO BE LIABLE JOINTLY AND SEVERALLY FOR ALL OBLIGATIONS UNDER THIS AGREEMENT.
SEVERABILITY
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
ENTIRE AGREEMENT
These terms and conditions constitute the entire agreement between User and Attorneys in relation to use of this website, and supersede all previous agreements in respect of your use of this website.
LAW AND JURISDICTION
These terms and conditions will be governed by and construed in accordance with the State of California, and any disputes relating to these terms and conditions will be subject to the jurisdiction of the courts of Central District of California. All parties who use this website agree to binding arbitration as specified herein in Los Angeles County for the resolution of any and all disputes with Cislo & Thomas LLP, except as required by California Law as it applies to the resolution of any attorney fees disputes.
Details
Cislo & Thomas LLP's main office is located at 12100 Wilshire Boulevard, Ste. 1700, Los Angeles, CA 90025
You can contact us by e-mail at admin@patentfiler.com or call us (310) 979.9190.
