Last updated: October 27, 2020
We thank you for choosing Patentest, as your patent search provider.
Patentest Inc., Patentest UK Limited and Patentest Sweden AB are wholly owned subsidiaries of NewTone Patent search Ltd. (An Israeli corporation). Patentest and NewTone are referred to as “the companies” in this document. By clicking the approve button and completing the registration process on Patentest web pages, you are accepting the terms and conditions as defined herein.
By not accepting our terms and conditions you are preventing the companies from providing you service and you will not be able to complete the registration processes. Our service is provided subject to your acceptance, without any change, the terms, conditions, and rules indicated below.
1. Acceptance of Terms
1. The services offered on our website will be provided in accordance to the terms and conditions written herein. The companies reserve the right to change and update their terms, conditions, and services they provide without prior notice. The updated terms and conditions should be reviewed by you from time to time by clicking the “terms of use” link in the footer of the website pages.
2. By ordering and/or registering and/or changing passwords to this website:
1. you agree to the terms and conditions listed herein.
2. you agree to automatically be registered to www.reporteditor.com which we use for delivering our patent search reports.
3. If not stated otherwise, any change to this site which enhances or alters the services offered to you will be subject to the terms and conditions herein. In case new services are added to this site you might be required to accept their additional, specific terms and conditions.
4. The companies reserve the right to stop, alter indefinitely or for a defined time, the services, and/or parts of the services, they provide without prior notice. In such case the companies will not be liable to you or any third party in respect to these changes.
5. The information provided in our reports is for information purposes only and does not constitute a legal opinion of any type.
6. The billing notice attached to our reports does not constitute a recommendation for abandoning or registering your patents and ideas with the proper authorities.
7. The companies do not practice law and are not engaged in patent registration.
2. The services
Our current services, offered to you on Patentest web pages include the following:
1. Patentability search report
2. Freedom to Operate search report
3. State of the art search report
4. Patent Invalidity search report
6. Patent alert
8. Patent Landscape Report (PLR)
9. Patent license strategy & agreement
10. IP Strategy
3. Service scope, delivery times, and pricing
1. Scope of the service, if no other written contract exists, is as specified on Patentest relevant web pages for each of the services. These specifications may change from time to time without prior notice. Specifications changes will impact only future orders and will not impact orders of services that existed in the system at the time of the change.
2. Delivery times, if not other written contract exists, are as specified on Patentest relevant web pages for each of the services. These specifications may change from time to time without prior notice. Specifications changes will impact only future orders and will not alter orders that existed in the system at the time of the change. In case a expedited service is paid for, the delivery times will be shortened accordingly.
3. In case expected delivery times are not met, you have the right to cancel your service request as long as the cancellation request arrived at our office prior to the submission of our report to you.
4. Prices, if no other written contract exists, are in accordance to the price list published on Patentest web pages. The companies reserve the right to change the price list from time to time without prior notice. Price changes will only affect newly placed orders and will not alter the pricing of orders that existed in our system prior to the change.
4. Tools
1. The tools offered to you by Patentest web pages are:
1. Order and payment for patent searches
2. Past orders and their statuses view and management
2. All these tools relay on third parties to operate
3. The companies do not guarantee the completeness or the availability of the tools and/or information they provide.
4. The companies reserve the right to add, alter, or remove tools that are available on Patentest web pages without prior notice.
5. Your commitments and consents when registering on Patentest web pages
1. You grant permission to the companies to keep certain information about you in their databases. The use of this information is subject to the privacy policy.
2. The information you provide is true, accurate, and complete to the best of your knowledge.
3. The companies reserve the right to suspend, cancel, or deny service, without prior notice, in any case false information is provided during or following registration.
6. The companies liability
1. The companies are not liable to any damage, loss, expenses, payment or other damages that may be caused directly or indirectly to you or any third party as a result of:
1. Resulting from actions taken or not taken based on information provided in any of the reports, or based on using any the tools, or based on any other type of engagement with the companies, written or verbal.
2. Resulting from wrong or inaccurate information provided by you, including during your application for our search services.
3. Resulting from circumstances which are out of the companies control including but not limited to strike, organized disturbance, natural force, etc.
4. Resulting from delays, misunderstandings, mutilation, malfunction, or any other issues arising from the companies use of private or public communication channels including but not limited to mail, phone, fax, internet, computer communications, etc,
2. The total accumulative monetary liability of the companies cannot exceed the cost paid for services rendered. You agree that in any case the companies are found liable for damages which resulted from losses, expenses, payments, etc, the companies will only be liable for direct damages (and not indirect damages) and in any case the total value of the companies liability and damages will not exceed the cost of the services rendered.
7. Data security and Service termination
1. You have the right to terminate the service at any time, by written notice.
2. Service order and report viewing are secured with advanced security mechanisms, including SSL, a secured internet protocol.
8. Hyperlinks
1. There are hyperlinks on Patentest web pages which lead to other web sites including hyperlinks created by advertisers. These links are for your convenience only. The use of information or content provided on different site (outside of patentest.com) is dangerous and requires caution and awareness. The companies don’t have any control or right on the content of other sites referred to by these hyperlinks.
2. The companies are not liable for any damage, direct or indirect, towards any user, person, or legal entity, who relayed and/or performed actions based on information and content found on the websites referred to by hyperlinks found at Patentest web pages.
3. The hyperlinks on Patentest web pages are not indication of accuracy and/or reliability, recommendation, preference, permission, or requests to use any information and/or content and/or products appearing in the sites referred to by the hyperlinks.
4. If you encounter information you deem illegal, wrong, immoral, or that does not correspond with your expectations on Patentest web pages or any of the sites it refers to by way of hyperlinks, you are requested to inform us via the contact us page.
9. User responsibilities
1. Your account and access to your private information is protected by way your username and password combination. You are solely responsible to keep your user name and password confidential.
2. You are solely and completely responsible for any action performed on Patentest web pages after loging in using your username and password. This includes but is not limited to order of service, viewing of information, accepting commitments, or any other action.
3. Your are committing to inform in writing to the companies regarding any misuse of their services. Including but not limited to someone else usage of your user name and password, or any other breach affecting the security of Patentest web pages.
4. The companies are not liable for any damage, loss, expense, etc caused by using their services not in accordance to the terms and conditions herein.
10. User liabilities
1. You commit not to perform any of the following. By performing such action you agree to carry complete liability for all direct and indirect damages that will result to the companies or any third party.
1. Impersonating another user, person, corporation, legal entity, etc
2. Loading, sending or broadcasting any material and/or information containing any kind of computer virus and/or any computer code designed to ruin, interrupt, limit the use of computers, servers, hardware, software, etc being used by the companies to function and provide service.
3. Sending of junk mail, spam, or any other form of email flooding of the companies computers and/or servers
4. Changing, processing, adjustment, sub licensing, translating, sale, reverse engineering, dismantling, re-assembling, etc of any part and/or function and/or hardware and/or software of patentest web pages.
5. Copyrites, trademarks, IP rights, or any other type of right infringement
6. Using Patentest web pages information or content inside any other host or mirror site without prior written consent of the companies.
7. Using warms, robots, spider, crawlers, engine, or any automatic and/or manual tool designed to index, retrieve, or mine Patentest web pages.
8. Interrupt or disrupt in any way the function of the server, computer network, site, machine, or any other components used by Patentest web pages
11. Liability
1. The companies are not liable to any damage, direct or indirect, caused to you or any third party, by providing or not providing the services offered for sale on Patentest web pages.
2. The companies are not liable for any damage direct or indirect, caused to you or to your computer equipment or to your telephony equipment, or to any other of your equipment as a result of using and/or downloading any information and/or materials from Patentest web pages.
12. Termination
1. To terminate the use of Patentest or any of the services offered by the companies you need to use the contact us webpage and request the termination. A representative of the companies will contact you back and approve the termination.
2. The companies reserve the right to cancel permanently or temporary your right to use Patentest and to stop providing you service. You do not and shall not have any claim regarding such action by the companies.
13. Notices and updates
1. Notices and updates, including promotional mail, might be sent to you via email and/or regular mail to the addresses you provided during your registration to Patentest web pages.
14. Age and general liability
1. You declare the you are legally authorised to bind yourself to the terms and conditions herein including the usage of the services.
2. You are aware the you carry full monitory liability for all damages which may result from your using the services by you or other people you authorized to access your Patentest account.
15. Governing laws
For Customers from UK the above terms shall be governed by and construed in accordance with the laws of UK.
For Customers from USA the above terms shall be governed by and construed in accordance with the laws of USA.
For Customers from Israel the above terms shall be governed by and construed in accordance with the laws of Israel.
For Customers from countries other than UK, USA and Israel the above terms shall be governed by and construed in accordance with the laws of Sweden.
The Customer hereby submits and consent to the jurisdiction courts of the above countries for purposes of any legal action arising out of this agreement.
