Terms of Use

PCTxs Inc., owner and operator of www.pctxs.com is making this website available to you as an internet based marketplace for the purpose of browsing, uploading, advertising, offering for sale, purchasing and/or licensing third party technology in the form of National and Regional Phase patent rights in respect of published International patent applications (hereafter “Content”), subject to the terms and conditions herein and elsewhere published on this website. By accessing and using any of the features of this site, you are signifying your acceptance of these terms and conditions.

 

License and Site Access

PCTxs Inc. grants you a personal, limited, conditional, non exclusive and revocable right and license to access this website for purpose browsing, uploading, advertising, offering for sale and/or purchasing Content subject to the terms and conditions herein. This license does not include any right of resale or commercial use of this site or its contents other than as provided herein. Neither this site nor any portion hereof may be reproduced, duplicated, copied, sold, resold or otherwise exploited by you for any commercial purpose without the express written consent of PCTxs Inc. Any unauthorized use of this site may result in immediate termination of this license and revocation of all rights and privileges, without liability to PCTxs Inc., at PCTxs Inc.’ sole and absolute discretion.

By uploading Content to the PCTxs Inc. site you are granting and do hereby grant PCTxs Inc. a world wide, non exclusive, royalty free and revocable right and license to obtain text and images from third party websites, including WIPO and GOOGLE, and to host, store, copy, display, publish and otherwise reproduce the uploaded Content (including that content obtained from such third party websites) on our website for general access by the public, including the right to use the name that is submitted in connection with such Content, and the right to create hyperlinks to and from other PCTxs Inc. pages and other third party pages, for purposes of promoting, displaying, advertising and enabling the purchase and/or sale of Content by third parties, without cost, charge or liability to us.

You understand and agree that in order to ensure and/or confirm compliance with all laws and regulations and to provide evidence of such compliance in the event of any criminal or civil action brought against PCTxs as a result of any promotion, advertising or transactions by you involving any Content accessed by you or third parties on this website, or for purposes of monitoring or auditing transactions and activity on this site, PCTxs reserves the right to retain a record of all access, activities and transactions processed on or through this site for as long as it considers reasonable and necessary.

 

User Representations

You hereby represent and warrant that: (1) the Content you upload to the PCTxs site is owned solely by you or is held by you under other lawful authority, and that you have all right, title and interest in and to the Content, including all copyright therein; (2) your uploading of Content to the PCTxs website does not violate these Terms of Use, does not breach or infringe any third party’s copyright, contract rights or other intellectual property rights, and will not cause injury or damage to any third party; (3) PCTxs’ hosting, storing, copying, displaying, publishing and otherwise reproducing the Content on its website for general access by the public does not in any manner breach or infringe any copyright, contract rights or any other intellectual property or other right of any third party, any statute or other lawful authority; (4) you have been fully apprised of your right to seek independent legal advice, and are hereby encouraged to do so, prior to uploading, advertising, selling or purchasing any Content on this site; (5) the Content does not contain any matter that is defamatory, hateful, obscene, an invasion of privacy, or that otherwise unlawful; and (6) you are of full legal age of majority and have all the right, power and authority to enter into this Agreement and to make and give these representations and warranties.

 

Privacy Policy

PCTxs has established a Privacy Policy to explain to you how your Personal Information will be collected, stored and used. Your use of the PCTxs website confirms that you have read the Privacy Policy, that you agree to the terms and conditions thereof, and that you freely consent to our use of the Personal Information uploaded or otherwise supplied by you to this website for the purposes set out herein.

YOU ACKNOWLEDGE AND AGREE THAT PCTxs MAY DISCLOSE YOUR PERSONAL INFORMATION (INCLUDING, WITHOUT LIMITATION, YOUR NAME, ADDRESS, TELEPHONE NUMBER AND E MAIL ADDRESS) IF REQUIRED TO DO SO BY LAW, BY LAWFUL POLICE OR GOVERNMENT AUTHORITY, OR OTHERWISE IN THE GOOD FAITH BELIEF THAT SUCH DISCLOSURE IS REASONABLY NECESSARY TO COMPLY WITH LEGAL PROCESS, TO CARRY OUT THESE TERMS OF USE, OR TO PROTECT THE RIGHTS, PROPERTY OR PERSONAL SAFETY OF PCTxs, ITS EMPLOYEES, AGENTS, USERS, OR THE GENERAL PUBLIC.

 

Electronic Communications

When you upload Content to PCTxs website or send e mails to us, you are communicating with us electronically. You hereby consent to receive all communications from us electronically. We will communicate with you by e mail to your registered e mail address or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that provided to you electronically satisfy all legal requirement that such communications be in writing and are made with your full and unqualified consent.

 

Termination

PCTxs may in its sole and absolute discretion terminate the right and license granted herein by us to you, including your access to and use of the PCTxs website, at any time without notice or liability, for any reason whatever, including but not limited to your failure to comply with any of these Terms of Use. If you breach any of these Terms of Use, or if any of your representations herein are found to be untrue or are reasonably alleged to be untrue by any third party, PCTxs may, in addition to terminating the right and license granted to you herein, also elect to require you to remedy such breach, including any misrepresentation, and/or to take such other reasonable actions as PCTxs deems necessary and appropriate to protect its interests or to mitigate its damages.

PCTxs agrees to remove any or all of your Content from its site (except for the backup copies referred to herein) at any time upon no less than ten (10) days notice from you requesting such removal to support@pctxs.com.

 

Disclaimer and Limitation of Liability

Although PCTxs uses reasonable security measures to protect against the loss, misuse or alteration of Content under our control, we cannot guarantee complete security or that no third party will access Content for unauthorized commercial or other purposes.

PCTxs makes this site available to you on an “as is” and “as available” basis. PCTxs makes no representations and provides no warranties or conditions of any kind, express or implied, statutory or otherwise, as to the operation, security or reliability of this site. You expressly accept and agree that your use of this site is at your exclusive risk.

Without limiting the generality of the foregoing, PCTxs disclaims all warranties and conditions, express or implied, statutory or otherwise, including, but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose. To the fullest extent permitted by law, PCTxs disclaims all warranties and conditions relating to security, reliability, timeliness, accuracy or performance of this site or its accessibility, and does not warrant that any of the other Content or third party information on this site is accurate, complete, reliable, current or error free, or that this site, servers or e mails are free of viruses or other harmful components.

UNDER NO CIRCUMSTANCES SHALL PCTxs BE LIABLE FOR YOUR USE OR MISUSE, OR THAT OF ANY THIRD PARTY, OF THE PCTxs WEBSITE OR ITS SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PCTxs WEBSITE, FROM INABILITY TO ACCESS OR USE THE PCTxs WEBSITE, TO UPLOAD CONTENT TO THE SITE, OR TO COMPLETE ANY TRANSACTION ON OR THROUGH THE SITE; FOR ANY BREACH OR INFRINGEMENT BY YOU OF ANY COPYRIGHT, CONTRACT RIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS; THE ACCIDENTAL LOSS OF CONTENT UPLOADED BY YOU TO THIS SITE OR UNAUTHORIZED COPYING OF CONTENT BY OTHER PCTxs USERS, OR FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR DISCONTINUANCE OF THIS SITE OR SERVICES BY PCTxs.

PCTxs WILL NOT BE LIABLE FOR ANY LOSSES, DAMAGES OR COSTS INCURRED BY YOU RESULTING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PCTxs WEBSITE, OR THAT OF ANY THIRD PARTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PCTxs WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWSOEVER ARISING, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE EXISTENCE SPECIAL CIRCUMSTANCES OR OF THE POSSIBILITY OF SUCH DAMAGES. YOUR DIRECT DAMAGES, IF ANY, SHALL BE LIMITED TO $100.00 IN CDN. FUNDS.

Certain state laws in the United States and elsewhere do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

 

COMPLIANCE WITH LAWS AND POLICIES

Use of the PCTxs website by you is subject to all applicable local, provincial, state, national and international laws and regulations. You may post Content on this site that is not illegal, obscene, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, so long as you comply with these Terms of Use and all PCTxs policies on this site. PCTxs reserves the right in its sole and absolute discretion to block or remove any Content at any time without notice, but does not regularly review uploaded Content, and is not responsible for any breach or non compliance by you with any such laws, intellectual property rights or commercial agreements.

 

Site Policies, Modifications and Severability

PCTxs reserves the right to make changes to our site, policies, and to these Terms of Use at any time, without prior notice to you. Should you object to any of these terms or conditions, or to any subsequent modifications thereto, or become dissatisfied with PCTxs in any way, your only recourse is to immediately: (1) give notice in writing to PCTxs of your decision to terminate the license granted herein to you; and (2) to request removal of the Content from the site.

If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of the remaining terms or conditions.

 

Independent Legal Advice

All users of this site are hereby advised and encouraged to seek independent legal advice prior to uploading, advertising, offering for sale, selling, offering to purchase or purchasing any Content on or through or by way of this site.

 

Entire Agreement

These Terms of Use, together with the PCTxs Privacy Policy and other policies on this site, constitute the entire agreement between us with regard to your use of the PCTxs website as set out herein. PCTxs has not made and does not make any other representations or warranties, express or implied, with regard to this site or the use of the Content uploaded by you to this site. These Terms of Use can be modified at any time by PCTxs and, upon publication thereof on the PCTxs website, become immediately binding on you and us to the full extent of any such modifications.

 

PCTxs is the trademark and tradename of PCTxs Inc. PCTxs is not affiliated in any way with the USPTO, CIPO, EPO, WIPO, JPO, SIPO or any other patent office, government patent agency or organization anywhere in the world. PCTxs patents are pending, naturally.