INITIAL SUMMARY OF LEGAL FRAMEWORK YOU AGREE TO : All rights in the content offered here are reserved. No part of this course may be reproduced, stored in retrieval systems, or transmitted by any means, electronic, mechanical, photocopying, recorded, or otherwise unless you have subscribed to one or more of the course LEVELS. In any case, all content is intended solely for the individual course participant by way of their log-in credentials, which credentials are not to be shared with any other. The information provided in this course does not, and is not intended to, constitute legal advice. Instead, all information and content provided herein are for general informational purposes only. Information in this course is designed to convey utility patenting insights and uses references to legal content and constructs but may not constitute the most up-to-date legal or other information. This course contains information such as links to other third-party resources and websites. Such information is provided only for the convenience of the course taker. When a list of CERTIFIED patent counsel is offered, it is for the convenience of the course taker. Any listing is offered on a best effort basis as being current and represents that the named parties took this course and confirmed their understanding of TSM/BBT. There is no relationship or affiliation between the course author and these third-party resources, and these third-party resources and their content are not under the control of the author, and therefore the content of these third-party resources may change at any time, and such reliance on any resources is on an "as-is" basis with no other affirmation. Any user of IP-BC that is not an attorney should consider contacting an attorney to obtain advice with respect to any particular legal matter and should not act or refrain from acting on the basis of information in this course without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the use of the information, guidance, and resources provided here as well as any referred to resources are fit for your purpose and applicable to your objectives – and your interpretation of it as such – is applicable or appropriate for your particular situation. Use of, and access to, this course or any of the links or resources or third-party information contained within this course do not create an attorney-client relationship between the user of this course and the course author, contributors, or the like. The views expressed at, or through, this course are those of the author only – not those of any other. All liability with respect to actions taken or not taken based on the contents of this course are hereby expressly disclaimed. The content in this course is provided "as is;" no representations are made that the content is error-free.
4. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
5. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
6. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
7. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
9. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE INCLUDING BUT NOT LIMITED TO THE COURSES(EVERYTHING), SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE, IT'S CONTENT AND ITS COURSES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL, AND THIS INCLUDES BUT IS NOT LIMITED TO THE USE AND APPLICATION OF IPBC-ADVANCED PRACTIONER. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER.
11. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
12. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
14. This agreement shall be governed by and construed in accordance with the laws of the State of MASSACHUSETTS, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in MIDDLESEX COUNTY or ITS PROXIMATE LEGAL ENTITIES. If any provision of this agreement shall be deemed unlawful, void, or for any reason unenforceable, by AND/OR WITHIN SAID LEGAL JURISDICTION, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
16. SPECIAL AFFILIATE PROVISIONS: As an AFFILIATE PARTNER in good standing, that maintains a continuous CURRENT MEMBERSHIP, during said CURRENT MEMBERSHIP, you are granted the right to use the term "The Schwartz Method (TSM)" in any promotional or training material or marketing messaging you use on your website or with your clients, along with the provision of AFFILIATE LINKS. Additionally, if you are a LAW AFFILIATE PARTNER, you are granted a limited license to DOWNLOAD and REUSE the TSM Dynamic Docs, solely for the purpose of drafting and filing CLIENT Patent Applications and only under The Schwartz Method (TSM) reference/label but not with any WHITE LABEL use.
Last Updated: October 28, 2020