TTAB Surf the Board: Terms of Service

Welcome to TTAB Surf the Board!

Your relationship with TTAB Surf the Board

1.1 Your use of TTAB Surf the Board software, services and website (referred to collectively as the “Services” in this document) is subject to the terms of a legal agreement between you and TTAB Surf the Board, its owner, its agents, licensees, and the owner’s associated law firm (collectively referred to as “we” “us” or “our” in this agreement.) This document explains how the agreement is made up, and sets out some of the terms of that agreement.

1.2 Your agreement with TTAB Surf the Board will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.

1.3 The Universal Terms form a legally binding agreement between you and TTAB Surf the Board in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.

2. Accepting the Terms

2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

2.2 You can accept the Terms by using the Services. In this case, you understand and agree that we will treat your use of the Services as acceptance of the Terms from that point onwards.

2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with TTAB Surf the Board, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.

3. Provision of the Services by TTAB Surf the Board

3.1 TTAB Surf the Board is regularly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which we provide may change from time to time without prior notice to you.

3.2 As part of this continuing innovation, you acknowledge and agree that we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at TTAB Surf the Board’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform TTAB Surf the Board when you stop using the Services.

3.3 You acknowledge and agree that if we disable access to your account or block access by you of our Services, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

3.4 You acknowledge and agree that while we may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, the number of cases you may watch, or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by TTAB Surf the Board at any time, at our discretion.

4. Use of the Services by you

4.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to TTAB Surf the Board will always be accurate, correct and up to date.

4.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

4.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by TTAB Surf the Board. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file that may be present on the Services.

4.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

4.5 You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

4.6 You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which TTAB Surf the Board may suffer) of any such breach.

5. Your passwords

You agree and understand that you are responsible for maintaining the confidentiality of any passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to TTAB Surf the Board for all activities that occur under your account.

6. Privacy and your personal information

For information about TTAB Surf the Board data protection practices, please read our privacy policy. This policy explains how we treat your personal information, and protect your privacy, when you use the Services. You agree to the use of your data in accordance with TTAB Surf the Board’s privacy policies.

7. Content in the Services

7.1 You understand that all information (such as data files, written text, computer software, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.

7.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to the USPTO or TTAB Surf the Board (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by TTAB Surf the Board or by the owners of that Content, in a separate agreement.

7.3 TTAB Surf the Board reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. You agree and understand that all data on TTAB Surf the Board exists on a public database and is publicly available elsewhere, and that TTAB Surf the Board will not redact or remove any information from its website or its database that is available publicly elsewhere. If there is information you believe should not be in the database, you agree to contact the USPTO directly about your concerns.

7.4 You agree that you are solely responsible for (and that TTAB Surf the Board has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which we may suffer) by doing so.

8. Proprietary rights

8.1 You acknowledge and agree that Stokes Lawrence owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

8.2 Nothing in these Terms gives you a right to use any of our copyrights, trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

8.3 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

9. License from TTAB Surf the Board

9.1 TTAB Surf the Board gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to run the software provided to you by TTAB Surf the Board as part of the Services provided to you (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by TTAB Surf the Board, in the manner permitted by the Terms.

9.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by us, in writing.

9.3 Unless we have given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

10. Ending your relationship with TTAB Surf the Board

10.1 The Terms will continue to apply until terminated by either you or us, as set out below.

10.2 If you want to terminate your legal agreement with TTAB Surf the Board, you may do so by (a) notifying us at any time and (b) closing your accounts for all of the Services which you use.

10.3 TTAB Surf the Board may at any time, terminate its legal agreement with you if: (A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or (B) TTAB Surf the Board is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or (C) any partner with whom TTAB Surf the Board offered the Services to you has terminated its relationship with us or ceased to offer the Services to you; or (D) TTAB Surf the Board is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or (E) the provision of the Services to you by TTAB Surf the Board is, in our opinion, no longer commercially viable.

10.4 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and TTAB Surf the Board have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.

11. EXCLUSION OF WARRANTIES

11.1 NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT TTAB SURF THE BOARD’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”

11.3 IN PARTICULAR, TTAB SURF THE BOARD, ITS OWNER AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

11.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

11.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TTAB SURF THE BOARD OR THROUGH OR FROM THE OWNERS THEREOF OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. DO NOT SEND PRIVILEGED OR CONFIDENTIAL INFORMATION TO THE OWNER(S) OF TTAB SURF THE BOARD; BY CONTACTING THE OWNER(S) OF TTAB SURF THE BOARD, YOU HAVE NOT AND WILL NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP UNLESS AND UNTIL A WRITTEN ENGAGEMENT LETTER IS SENT TO YOU.

11.6 TTAB SURF THE BOARD FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

12. LIMITATION OF LIABILITY

12.1 SUBJECT TO THE OVERALL PROVISION IN THE PRIOR PARAGRAPH ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT TTAB SURF THE BOARD, ITS OWNER AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY NOTICES, SERVICES, WATCHING, OR ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; (II) ANY CHANGES WHICH TTAB SURF THE BOARD MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (III) YOUR FAILURE TO PROVIDE TTAB SURF THE BOARD WITH ACCURATE ACCOUNT INFORMATION; (IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS, IF ANY, SECURE AND CONFIDENTIAL;

12.2 THE LIMITATIONS ON OUR LIABILITY TO YOU IN PARAGRAPH 12.1 ABOVE SHALL APPLY WHETHER OR NOT TTAB SURF THE BOARD HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

13. Copyright and trademark policies

13.1 It is our policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers. If you would like to send such notices, please send an e-mail to “Attention: DMCA Notice Administrator” at TTABSurftheBoard@Stokeslaw.com.

13.2 If you would like to send a notice or complaint regarding a third-parties’ use of your trademark, please send an e-mail to “Attention: Trademark Rights Notice Administrator” at TTABSurftheBoard@Stokeslaw.com.

14. Advertisements

14.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.

14.2 The manner, mode and extent of advertising by TTAB Surf the Board on the Services are subject to change without specific notice to you.

14.3 In consideration for TTAB Surf the Board granting you access to and use of the Services, you agree that TTAB Surf the Board may place such advertising on the Services.

15. Other content

15.1 The Services may include hyperlinks to other web sites or content or resources. TTAB Surf the Board may have no control over any web sites or resources which are provided by companies, government organizations, entities, or persons other than TTAB Surf the Board.

15.2 You acknowledge and agree that TTAB Surf the Board is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

15.3 You acknowledge and agree that TTAB Surf the Board is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources or information, and the availability of the same information on TTAB Surf the Board, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

16. Changes to the Terms

16.1 TTAB Surf the Board may make changes to the Universal Terms from time to time. When these changes are made, we will make a new copy of the Universal Terms available at this same location on the website from within the Services.

16.2 You understand and agree that if you use the Services after the date on which the Universal Terms have changed, TTAB Surf the Board will treat your use as acceptance of the updated Universal Terms.

17. General legal terms

17.1 The Terms constitute the whole legal agreement between you and us and govern your use of the Services, and completely replace any prior agreements between you and us in relation to the Services.

17.2 You agree that TTAB Surf the Board may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

17.3 You agree that if we do not exercise or enforce any legal right or remedy which is contained in the Terms (or which TTAB Surf the Board has the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.

17.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

17.5 You acknowledge and agree that all of the owners and participants and contributors and founders of TTAB Surf the Board shall be third party beneficiaries to the Terms and that such other entities or individuals shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.

17.6 The Terms, and your relationship with TTAB Surf the Board under the Terms, shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and TTAB Surf the Board agree to submit to the exclusive jurisdiction of the courts located within the city of Seattle, King County, Washington to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that TTAB Surf the Board shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.