Terms and Conditions
for Design Patent Pro (DPP) ProSearch Database
Updated March 4, 2024
These General Terms and Conditions govern your use of the Design Patent Pro (DPP) ProSearch database. The terms “you” and “your” shall mean the individual, entity (e.g., company, corporation, partnership, sole proprietorship, etc.), or government agency using the ProSearch database. By registering for and using the ProSearch database, you agree to be subject to these General Terms and Conditions.
1. Permission to use the ProSearch database may be granted by written permission from a DPP ProSearch representative, an authorized free trial period, or a paid subscription.
2. Persons or entities granted permission to use the DPP ProSearch database become Authorized Users and are granted a nonexclusive, nontransferable, limited right to access and use the ProSearch database for research purposes.
3. Paid subscribers to Design Patent Pro (DPP) ProSearch may cancel their subscription anytime and for any reason. The cancellation must be in writing and may be emailed to info@designpatentpro.com. Upon receipt of your cancellation email, DPP will cancel your subscription and refund you any prepaid fees covering the remainder of your subscription term after the date of cancellation.
4. Authorized Users are granted the following rights:
(a) the right to register, login, access the search screen, and conduct searches by entering queries into the search bar;
(b) the right to electronically display search results and documents retrieved from the ProSearch database;
(c) the right to add comments to the documents;
(d) the right to download documents; and
(e) any other right granted by DPP in writing.
5. DPP will not share with anyone any information you provide to DPP and will not sell your information to anyone.
6. Neither DPP nor other users are able to know what you are researching or what documents you view or download.
7. Neither DPP nor other users are able to view your comments or other notations on documents.
8. The comments and other notations you place on documents do not remain on the documents in the database. They stay on the documents you download and only on the documents you download.
9. DPP can view the email address you used to log in, but DPP cannot view or retrieve your password.
10. Downloading and storing the PDF documents obtained from the DPP ProSearch database in a searchable database is prohibited unless DPP grants permission in writing.
11. If you are not an Authorized User, you cannot access or use the ProSearch database for any purpose whatsoever. If you nevertheless access and use the ProSearch database without authorization, your access and use will be governed by these General Terms and Conditions, and you will be liable to DPP for any breach thereof. Furthermore, you will be responsible for paying DPP for such unauthorized use at the published rates.
12. If permitted by applicable copyright law, you may make copies of documents downloaded from the ProSearch database and distribute the copies.
13. You may not use the trademarks, service marks, or logos of DPP without the express written consent of DPP. Additionally, you may not offer any part of the ProSearch database or documents obtained from the ProSearch database for commercial resale or commercial redistribution in any medium.
14. You may not use the ProSearch database in any fashion that infringes the intellectual property rights, privacy rights, or proprietary interests of DPP or any third party. Your use of the ProSearch database must comply with all applicable laws, rules, and regulations.
15. Unless DPP expressly grants you permission in writing, only you are eligible to access and use the ProSearch database under your registration.
16. Unless DPP grants you permission in writing, you agree that the email you used to register with DPP may be used only by you and not by any other person to access the ProSearch database.
17. Accessing or using the DPP Pro Search database via automated means is prohibited. Unless otherwise agreed to by DPP in writing, use of the ProSearch database is permitted only by individual users engaged in an active user session.
18. The feature functionality within the ProSearch database may be enhanced, added to, withdrawn, reorganized, combined, or otherwise changed by DPP without notice.
19. The design patent application documents in the ProSearch database are obtained from the United States Patent and Trademark Office (USPTO) on a selected basis. Applications may contain hundreds of documents, and any document may contain hundreds of pages. Therefore, only selected documents are obtained and used in the ProSearch database. The applications selected usually have at least one non-final rejection.
20. To fit the parameters of the ProSearch database, a limited amount of drawings and other pages are occasionally removed from the single PDF document that contains the selected application pages. DPP makes reasonable best efforts to ensure that the information removed does not affect the ability of the PDF document to provide meaningful research contributions, although sometimes errors may be made.
21. The documents are processed through an optical character recognition engine, then processed and indexed by the DPP ProSearch search engine. DPP tries to ensure the documents’ accuracy in the search results. Still, errors may exist due to the possible poor quality of the original documents, the inherent potential unreliability of computer-aided processing, and for other reasons.
22. The information and documents obtained by DPP for use in the ProSearch database are obtained from third-party databases and then processed by DPP’s unique algorithms as supplemented by personalized individual document selection and reviews on an as-needed basis. DPP strives to process and upload documents promptly, typically within three days of receiving the information and documents. Occasionally, the third-party databases may be unable to provide the necessary information and documentation (or may be delayed), and DPP may be delayed in processing and uploading the new information and documents. You understand and agree that delays occasionally may occur, and you agree not to hold DPP liable for such delays.
23. The speed at which the ProSearch database processes searches, retrieves, and downloads documents may fluctuate according to how many users are using the system. DPP makes reasonable best efforts to keep the speed of the ProSearch database high but is not liable for slowdowns in searches, document retrieval, or downloads. If you experience a significant slowdown in services, email info@designpatentpro.com. DPP will make reasonable best efforts to speed the services back up through, for example, the purchase of additional search assets.
24. The ProSearch database is provided on an “as is “and “as available” basis, and DPP and any third-party supplier of materials expressly disclaim all warranties, including, but not limited to, the warranties of merchantability and fitness for a particular purpose.
25. The ProSearch database is provided for general research purposes. Although DPP makes efforts to ensure the reliability and accuracy of the documents in the ProSearch database, errors and omissions may occur. DPP shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Design Patent Pro (DPP) ProSearch database or any documents available or not included therein, (b) the unavailability or interruption of the ProSearch database or any features thereof or any documents, (c) your or an authorized user’s use of the ProSearch database, (d) the loss or corruption of any data or equipment in connection with the ProSearch database, (e) the content, accuracy, or completeness of documents in the ProSearch database, or (f) any delay or failure in performance beyond the reasonable control of DPP, including a Force Majeure Event.
26. To the fullest extent permissible by applicable law, under no circumstances will the aggregate liability of DPP in connection with any claim arising out of or relating to the DPP ProSearch database exceed the lesser of your actual direct damages or the amount you paid for the ProSearch database services in the 12 months immediately preceding the date the claim arose. Your right to monetary damages in that amount shall be instead of all other remedies which you may have against DPP or any covered party.
27. These General Terms and Conditions may be changed occasionally. Changes will only be prospective. DPP shall have the right to amend the General Terms and Conditions to comply with regulatory and legal requirements, for compliance purposes, or to make ministerial or administrative changes.
28. DPP may terminate your right to use the DPP ProSearch database at any time for good cause. In that event, DPP will refund you any prepaid fees covering the remainder of your subscription term after the termination date. DPP may temporarily suspend or discontinue providing access to the ProSearch database without notice to any authorized users who fail to pay for services.
29. Upon cancellation or termination, your rights to use or access the ProSearch database shall cease, and you shall immediately discontinue the use of the ProSearch database.
30. All notices and other communications shall be in writing and sent to info@designpatentpro.com. Notices from DPP shall be sent to the email address you used when registering. If your email address for notices changes, you must promptly send notice of the email address change to info@designpatentpro.com.
31. No party will be liable for any damage, delay, or failure of performance resulting directly or indirectly from a Force Majeure Event. If a Force Majeure Event occurs, the affected party will notify the other parties and make commercially reasonable efforts to mitigate the adverse effects of the Force Majeure Event on its obligations. This section does not excuse users’ obligation to pay for ProSearch services received. As used herein, “Force Majeure” means a cause that is beyond a party’s reasonable control, including fire, riot, civil disturbance, strike (other than a strike by that party’s employees), embargo, explosion, earthquake, volcanic action, flood, epidemic, pandemic, act of military authority, act of terrorism, act of God, act of the public enemy, government requirement or delay, change in law or regulation, civil or military authority, inability to secure raw materials or transportation facilities, and act or omission of a carrier or supplier.
32. To the fullest extent permitted by applicable law, DPP and all users of the ProSearch database irrevocably and expressly waive all right to a trial by jury in any action, proceeding, or counterclaim (whether based upon contract, tort, or otherwise) arising out of or relating to registration or use of the DPP ProSearch database.
33. Some links in the ProSearch database may link to websites or services operated by third parties not affiliated with DPP. Such links are provided for the user’s convenience only. DPP does not control such third-party websites and is not responsible for any content thereon. Including links to such third-party websites in the ProSearch database does not amount to or imply any endorsement or warranty of the material on such sites or any association with their owners or operators. Users and subscribers agree that DPP is not responsible for any such third-party websites and services or any content thereon and agrees to indemnify and hold DPP harmless from any claims or liability arising from user’s and subscriber’s use of or reliance on such third-party websites or services.
34. DPP intends to develop further and improve its products and services. DPP may ask you to provide feedback on new or existing products and services. DPP is free to incorporate and implement any feedback into DPP products or services without payment of current or future royalties or compensation. In consideration of your participation in and access to new product and service development, you hereby assign to DPP all rights, title, and interest to your feedback, and, to the extent such assignment is not lawful, you hereby grant DPP a perpetual, irrevocable, royalty-free, exclusive, transferrable, worldwide license to use your feedback for all purposes and with all products and services now known or later created. DPP will not use your name, image, or logo to endorse any DPP products or services without your written consent.
35. The failure of DPP, you, or any third-party supplier to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or the right to enforce it later.
36. You are liable for all costs of collection incurred by DPP in connection with failure to pay for the ProSearch database services, including, without limitation, collection agency fees, reasonable attorney’s fees, and court costs.
37. You may only assign your rights or delegate your duties under these terms and conditions with the prior written consent of DPP, which consent shall not be unreasonably conditioned, delayed, or withheld. These terms and conditions and any amendments shall be binding on and will inure to the benefit of the parties and their respective successors and permitted assigns.
38. These terms and conditions shall be governed by and construed under the laws of the State of Texas, regardless of the law that might otherwise apply under applicable principles of conflicts of law. DPP and users of the DPP ProSearch database agree that the venue of any action to enforce the provisions of these terms and conditions, or any document executed in connection with these terms and conditions, shall be in Dallas, Texas. DPP and users of the DPP ProSearch database agree they will not contest the choice of law and venue provisions in this paragraph.
39. If any provision of these terms or conditions or a subscription agreement is held to be invalid or unenforceable to any extent, then such provision will be interpreted, construed, and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent and such invalidity or unenforceability will not affect any other provision of these terms and conditions.
40. The DPP ProSearch database is not, nor is it intended to be, legal, accounting, financial, or other professional advice or a substitute for the advice of an attorney, accountant, or any other professional. The content of the ProSearch database is intended only as general information and is not intended to be and should not be relied upon as legal advice. DPP shall not be liable, and shall be held harmless for any errors or omissions in the DPP ProSearch database. You assume all risks and liabilities in relying on the ProSearch database, contributing to a third party’s reliance on the ProSearch database, or inducing a third party to rely upon the ProSearch database. If you require legal advice or other expert assistance, you must obtain the services of a competent, professional person and will not rely on or use the content provided on the ProSearch database as a substitute for such advice or assistance. No attorney-client relationship exists or shall be deemed to exist between you or any of your Authorized Users on the one hand, and DPP or Oake Law Office, PLLC on the other. If you are an attorney, you further agree that your use of the ProSearch database shall comply with all court rules, disclosure rules, and professional and ethical conduct rules applicable to the legal profession in the location where you practice.