Terms of Service

 

 
 

 

  1. SCOPE OF SERVICE.   PatentTank, a wholly owned subsidiary of BB Global Ventures, LLC, will perform prior art searches to assess if the Inventor’s patent(s) are likely to be issued by the United States Patent and Trademark Office (“USPTO”). PatentTank will submit a Claim Set Analysis and develop related Artwork and will submit to Inventor for review. Upon approval, PatentTank will complete the full patent application and submit to Inventor in good faith for final review and approval. 
     

  2. CONFIDENTIALITY.   PatentTank shall protect from improper disclosure or use of Inventor’s Confidential Information. “Confidential Information" shall mean any information and intellectual property disclosed by Inventor under this Agreement, whether in electronic form, writing, orally, visually, in the form of samples or models or otherwise, provided that such information, if written, is clearly and conspicuously marked as being proprietary or confidential and if oral, visual or in other non-written form is designated as Confidential Information at the time of disclosure and confirmed in writing within thirty (30) days of disclosure; PatentTank shall: (A) hold the Confidential Information in strict confidence and safeguard the Confidential Information at least to the same degree of care as it uses to protect its own Proprietary Information of like importance, and (B) not use Confidential Information disclosed to it pursuant to this Agreement for a purpose other than agreed, and (c) not disclose Proprietary Information disclosed to it pursuant to this Agreement to any third party without the Disclosing Party's prior consent in writing. These obligations and restrictions provided shall survive the termination of this Agreement for a period of 5 years. (C) The obligations and restrictions provided above shall not apply to any of the information which the Receiving Party can show:  (i) is in the unrestricted possession of the Receiving Party at the time of disclosure hereunder, or (ii) is already becomes available to the public otherwise than through the fault or negligence of the Receiving Party and/or any disclosing party, or (c) is lawfully obtained by the Receiving Party from a third party with full rights of disclosure and without similar restrictions to and without breach of this Agreement.
     

  3. OWNERSHIP OF INVENTIONS.   All ideas, inventions, improvements and materials created or conceived by Inventor, solely or jointly with others, shall be the sole and exclusive property of the Inventor.
     

  4. FEES.   For Patent Writing Services, PatentTank charges a fee of five thousand five hundred US dollars ($5,500), payable in two equal installments, the first upon engagement and the last upon final delivery. Payments can be made via wire transfer to:  BB Global Ventures, LLC – Citibank, 14909 Coit Rd, Dallas TX 75248 – Account Number: 9792209903 – ABA Routing Number: 113193532 – SWIFT Number (for international wires) CITIUS33 – PLEASE ADD A MEMO:  "Patent Writing Service for [your name or company]." Filing fees are not included and must be paid directly to the US Patent & Trademark Office through the completion of specific forms, which PatentTank will help you complete. 
     

  5. NO GUARANTEE OF SUCCESS.  PatentTank will prepare professionally written patents in an effort to secure intellectual property and private placement memoranda used to secure an equity investment into a PatentTank; however, the PatentTank cannot and does not guarantee or warrantee that the documents produced will result in an issued patent or invested monies. Inventor hereby agrees that these circumstances are beyond the control of the PatentTank and releases PatentTank from liability associated with the outcome of the use of the documents provided. Inventor accepts that  PatentTank and its employees provide an economical service for patent writing and act in good faith in preparing intellectual property as per information and material provided by the Inventor. Inventor understands an independent review of the application by a registered patent attorney prior to filing is advisable. Inventor understands that any patent filing involves risk and no guarantees are offered as to the possible outcome of patent prosecution.  Inventor takes full responsibility for the actual filing and prosecuting intellectual property provided by PatentTank, unless otherwise stated in writing. PatentTank offers no forward-looking services for any intellectual property.  PatentTank makes no guarantees, construed or implied, regarding the actual patentability and intellectual property provided to the Inventor.
     

  6. PROCESS AND PAYMENT. Inventor is responsible for making one half partial payment before Services are rendered and the balance within 2 business days of final delivery. The Inventor is entitled to two rounds of edits, at which point the PatentTank will deliver the patent or private placement memorandum for final delivery. Once the patent is delivered, Inventor hereby agrees that no refund will be provided. Late payments will accrue a penalty of 10% compounded per month or the maximum allowed under the law.
     

  7. INDEPENDENT RELATIONSHIP.  The relationship between the Inventor and PatentTank is one of an independent contractor and not an attorney/client, employee, agent, partner, , joint venture or the like. Nothing contained herein shall be deemed to create any relationship between the parties other than that of principal and independent contractor. PatentTank shall dictate the manner in which the Services are performed, provided that such Services are completed in a professional and timely manner. Furthermore, PatentTank shall have no right, power or authority to create any contract or obligation, express or implied, on behalf of, in the name of or binding on Inventor.
     

  8. FULL INDEMNIFICATION.  Inventor hereby agrees to fully indemnify, defend and hold harmless the PatentTank, its directors, members, employees, agents, contractors, consultants and associates against any and all claims, losses, damages, or expenses incurred or suffered, either directly or indirectly, by the Inventor or a third party, including all attorneys' fees and costs, arising out of or relating to (i) any aspect of this Agreement or the Services rendered hereunder, (ii) any act or omission on the part of the PatentTank; (ii) any breach of any provision of this Agreement, (iii) or any claim of misuse, disclosure or misappropriation of any Confidential Information or Invention. FURTHERMORE, IT IS UNDERSTOOD THAT THE PATENT WRITERS AT PATENTTANK ARE EXACTLY THAT, EXPERIENCED PATENT WRITERS WITH SUCCESSFUL TRACK RECORDS, NOT PATENT ATTORNEYS, WHICH IS WHAT ENABLES PATENTTANK TO OFFER SIGNFICANT PRICING DISCOUNTS. NO REPRESENTATION OF ANY KIND IS MADE OR IMPLIED TO THE CONTRARY AND ALL INVENTORS ARE STRONGLY URGED TO SEEK THE ADVISE AND REVIEW OF THE DELIVERED PATENTS BY A REGISTERED PATENT ATTORNEY PRIOR TO FILING WITH THE USPTO. 
     

  9. TERM.  This Agreement shall commence on the date of submission of this form as indicated by its digital date/time stamp (“Effective Date”) of the emailed transmission and shall continue for a period of 6 months, after which it may be extended as mutually agreed.

    10.   TERMINATION.  Either party may terminate this Agreement, for any reason, upon three (3) days written notice to the other party. Upon termination of the Agreement, PatentTank shall cease the Services in accordance with the Inventor’s instructions. In the event the writing of the patent or private placement memorandum had already begun, PatentTank will not refund any monies already paid. If the writing had not yet begun, the PatentTank will refund the first payment.

    11.   SURVIVAL.  The termination or expiration of this Agreement shall not affect PatentTank’s confidentiality obligations under this Agreement.

    12.    ENTIRE AGREEMENT.  This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions, both written and oral, among the parties hereto.  This Agreement may not be amended or modified in any way except by a written instrument executed by PatentTank and Inventor.

    13.    AMENDMENTS.  No change, modification or alteration of this Agreement shall be effective, unless in writing and signed by both parties.

    14.   SEVERABILITY.   The invalidity of any one or more of the words, phrases, sentences, clauses, sections or subsections contained in this Agreement shall not affect the enforceability of the remaining portions of this Agreement or any part thereof, all of which are inserted conditionally on their being valid in law, and, in the event that any one or more of the words, phrases, sentences, clauses, sections or subsections contained in this Agreement shall be declared invalid by a court of competent jurisdiction, then this Agreement shall be construed as if such invalid word or words, phrase or phrases, sentence or sentences, clause or clauses, section or sections, or subsection or subsections had not been inserted.

    15.   CONSTRUCTION.  This Agreement is the product of the efforts of both parties and shall not be interpreted in favor of or against either PatentTank or Inventor merely because of its effort in preparing it.

    16.   DISPUTE RESOLUTION.  All disputes or claims arising under this Agreement (“Disputes”) shall be resolved as set forth in this Section.  (A) Informal Resolution --- In the event of a Dispute, a party shall notify the other party of the Dispute with as much detail as possible. PatentTank and Inventor shall use good faith efforts to resolve the Dispute within ten (10) business days after receipt of a Dispute notice. If the parties' are unable to resolve the Dispute, or agree upon the appropriate corrective action to be taken, within such ten (10) business days, then either party may initiate mediation proceedings as set forth herein. Pending resolution of the Dispute, both parties will continue without delay to carry out all their respective responsibilities under this Agreement.  (B) MEDIATION --- If the parties hereto are unable to resolve the Dispute, the parties shall refer such Dispute to non-binding mediation before a mediator acceptable to both sides. (C)  BINDING ARBITRATION --- If the parties hereto are unable to resolve the Dispute through informal resolution or mediation, the parties shall refer such Dispute to binding arbitration in accordance with the current rules of the American Arbitration Association (AAA). BOTH PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL PURSUANT TO ANY COURT ACTION BROUGHT BY ANY PARTY TO THIS AGREEMENT AND HEREBY AGREE IN ADVANCE THAT THE ARBITOR SHALL CAP THE TOTAL FINANCIAL DAMAGES IN ANY RENDERED JUDGEMENT NOT TO EXCEED THE PRICE PAID BY THE INVENTOR TO PATENTTANK. For clarity purposes, the maximum judgment that could be brought against the PatentTank is a full refund of the Services contracted.  (D) ATTORNEYS' FEES. If any claim, legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement or because of a dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall NOT be entitled to recover attorneys' fees or any other costs incurred in that claim, action or proceeding.

    17.   INJUNCTIVE RELIEF. Nothing contained in this Section shall limit or delay the right of either party to seek injunctive relief from a court of competent jurisdiction, whether or not such party has pursued informal resolution or mediation in accordance with this Section.

    18.   GOVERNING LAW.  This Agreement shall be governed by, and construed and enforced in accordance with, applicable federal laws and the laws of the State of Texas, without reference to conflict of laws principles.            

    19.    HEADINGS.  The headings of the Sections of this Agreement are included for convenience only, and shall not affect the construction or interpretation of its provisions.

    20.   ADVICE OF COUNSEL.  Each party has been given an opportunity to consult with independent counsel of its choice prior to executing this Agreement. Each party is advised and encouraged not to execute this Agreement without first consulting with counsel. In Witness Whereof, the parties have executed this Agreement as of the Effective Date by clicking the "I AGREE" button on the Contact Form which triggers the contact request.

 

By continued use of the PatentTank.com website and PatentTank services, Inventor hereby agrees to all terms and conditions described herein and accepts this as a binding agreement between Inventor and PatentTank.

 

 

 























 

Privacy Policy
 

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.
 

  • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.

  • We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.

  • We will only retain personal information as long as necessary for the fulfillment of those purposes.

  • We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.

  • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.

  • We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.

  • We will make readily available to customers information about our policies and practices relating to the management of personal information.
     

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.