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Morningside IP Terms of Service

Terms

These Terms of Service (“Terms”) govern your access to and use of Morningside Translation’s and Morningside IP (“Morningside”) websites (the “Services”). By accessing or using the Services you agree to be bound by these Terms, all applicable laws, rules and regulations, and agree that you are responsible for compliance with these Terms and any applicable local, state, national and international laws. If you do not agree with any of these Terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright, trademark and other laws both of the United States and foreign countries. Nothing in the Terms presents you with the right to use the Morningside name or any of its trademarks, logos, domain names and other brand features.

Scope of Services and Responsibilities

While Morningside partners with top-tier patent law firms, we are not a law firm, do not directly employ patent attorneys, and do not purport to assume the role of a patent attorney or firm in patent filing and prosecution matters. Morningside provides administrative and coordination services with respect to worldwide patent filings and European validations using our global agent network. We establish the relationship between you and the local representative. All legal services are carried out through Morningside’s network of associates and we therefore will not be liable for any errors, loss of rights which may be caused to you or to a third party, directly or indirectly, as a result of actions taken by these representatives on your behalf. Consequently, Morningside will not be responsible for errors, negligence, malpractice and/or loss of rights which may occur during the prosecution stage.

Disclaimer

The information contained on Morningside’s website is of a general nature, is provided “as is” and does not constitute legal or other professional advice. The details serve only as non-binding general information. In the event of a specific issue or inquiry, please seek professional legal advice. Though Morningside makes every effort to constantly update and review the accuracy of the information and materials provided on this website, due to the rapid nature of changes to patent law, Morningside does not guarantee the veracity or currency of the information provided herein and hereby disclaims and negates all liability, expressed or implied, for loss or damages direct or indirect arising out of use, reference to, reliance on or performance of material contained on this website or otherwise relating to such information or on any sites linked to this site.

Force Majeure

Morningside shall not be responsible and/or liable for any damage and/or claims for non-fulfillment should actual performance of the Services or any parts be delayed in consequence of unforeseen events such as strikes, unexpected breakdown of computer systems (save where caused by improper maintenance or operation by untrained personnel), riots, war, suspension of electricity or other relevant power supply, robbery, civil commotion, adverse non foreseeable weather conditions, disaster caused by earthquake, terror attack, fire, water, closure of or prevention of registration offices in any jurisdictions, actions of government or any other causes which are not under its control.

Your Obligations

You agree to timely place orders, answer all questions, including those asked by our Associates; promptly return all forms, including signed Power of Attorney forms, to either Morningside or our Agents; to ensure that the contact person within your organization, identified at the time of order by the e-mail address has the authority to place such orders and to bind your company to the payment of the amount as stated in the invoice; and accept our Terms of Service.

Use License

Permission is granted to temporarily download one copy of the materials (information or software) on Morningside’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on Morningside’s website; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Morningside at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Limitations

In no event shall Morningside and its subsidiaries, affiliates, officers, employees, agents, partners, associates and licensors be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Morningside’s website, even if Morningside or a Morningside authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Waiver and Severability

The failure of Morningside to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Revisions and Errata

The materials appearing on Morningside’s website could include technical, typographical, or photographic errors. Morningside does not warrant that any of the materials on its website are accurate, complete, or current. Morningside may make changes to the materials contained on its website at any time without notice. Morningside does not, however, make any commitment to update the materials.

Links

Morningside websites may contain links to third-party websites or resources as well as third-party websites may link to our Services. Morningside has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked sites. Despite careful review of the information we assume no liability or responsibility for the content of external links; availability or accuracy of such websites or resources; the content or services provided by such websites or resources. The inclusion of any link does not imply endorsement by Morningside of the site. These are the sole responsibility of their operators. We hereby expressly distance ourselves from all content on webpages to which our website directly or indirectly refers. Use of any such linked website or resource is at the user’s own risk.

Site Terms of Use Modifications

Morningside may revise these Terms of use for its website at any time without notice. By continuing to access or using the Services you are agreeing to be bound by the revised Terms of Use.

Governing Law

Any claim relating to Morningside’s website shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions.

Default

In the event that you commit a breach of any of the Terms, do not comply with any or all of your commitments and obligations, including but not limited to, fail to make due payment for any Services provided by Morningside and/or in the event that you become insolvent or bankrupt and/or if you do not respond to our communication, Morningside may, without prejudice, do any or all of the following: suspend and/or stop providing any further services to you and/or apply any credit you may have with Morningside to cover any unpaid invoices or services taken on your behalf. We also reserve the right to restrict or prevent your access to the Services and/or this website at our sole discretion. Morningside will not be liable for any loss of rights or damages caused to you by exercising its rights under this section. You shall be liable for all costs associated with Morningside exercising its right and/or outstanding invoices.

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, disclose and make use of personal information. By using the Services, you agree and consent to the collection and use of any information you provide for storage, processing and use by Morningside. We are not responsible for privacy policies of any website not operated by Morningside, to which our website links or that links to this website. The following outlines our privacy policy which may be updated from time to time. 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 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 do not sell, rent, trade, license or otherwise disclose your specific personal or financial information to anyone other than to Morningside affiliates, except to process payments. When processing payments, we use state-of-the-art data encryption to protect your information. We may also disclose such information in response to requests from law enforcement or if we are otherwise required to disclose such information by law. 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.

Estimates

While Morningside makes every attempt to correctly and precisely calculate the costs of filing your patent application, we cannot guarantee the accuracy of these numbers or any estimate produced on these numbers. Please note that official fees provided in our quote are only approximated, and will be billed in accordance to the fees set at the time by each local patent office. Before placing an order you should verify the accuracy of the inputs and note that our fees are subject to change at any time without prior notice. By using the Services and requesting and receiving a quote, you agree that no estimate provided by Morningside constitutes an offer to provide you with any services and that an actual order for services is not binding until accepted by Morningside in writing. A quotation of costs provided by Morningside is applicable only to the relevant case and does not apply in any other instance. The estimates provided are calculated based on your patent application ‘as filed’ together with input provided by you. Since some elements of your patent, such as the number of independent claims, claim amendments, the need to file sequence listings, the final word count, etc. are impossible to automatically calculate, some assumptions are applied when producing the Estimate. The estimates assume that orders will be placed in good time prior to the statutory deadline and that the Applicant is a large entity. Also, estimates do not include renewal fees which may be due at or immediately after filing in some jurisdictions. We will do our best to assist you in case of late or urgent filings and you hereby agree that orders placed too close to the deadline may require additional late fees which are not presented in the Estimates. Likewise, if your patent includes sequence listings, surcharges may apply in some countries.

Orders

It is your responsibility to verify accuracy of information relating to the patent application prior to placing an order. Morningside disclaims any responsibility for any losses arising from the use of any incorrect input provided by you. You agree to comply with the deadlines specified in our communications and provide us and/or the agents with all the required Power of Attorney forms or other formality documents prior to the deadlines. Late filing of any required documents will result in additional fees charged by the agents for attending to the separate filing of these documents and may cause loss of rights in some jurisdictions. Late instruction and/or authorization to proceed may require us to reissue the invoice and include late fees, or potentially cancel your order. Where late fees are necessary they will be clearly noted on the invoice. We reserve the right to further charge you if our invoice was based on any wrong input provided by you and/or if changes in official government fees occur between the time an order is placed and the time of providing the respective service. You agree that your payments will be made in the currency noted on our invoice and in accordance with the terms provided. You acknowledge that your instruction to us to file a patent application on your behalf does not guarantee the eventual success of your patent application. Whether or not your application is granted in your chosen countries is a matter for the patent office and is outside of Morningside’s control and its agents.

Cancellation

You may cancel your order at any time and must inform Morningside of your decision thereof immediately and in writing. Morningside will approve your request at its sole and absolute discretion unless the service has already been provided or in case Morningside has sent irrevocable instructions to the respective agents or associates regarding your order. We reserve the right to charge you for any irrevocable costs incurred following your cancellation notice.