The information contained in this Web Site is for informational
purposes only and should not be construed as legal advice on any subject
matter. Transmission and receipt of information on this Web Site is not
intended to create an attorney-client relationship nor will the act of
sending e-mail to attorneys at GREAT WALL ™IP create an
GREAT WALL IP website is operated by Eterna Link Enterprises Pty. Ltd. (Eterna Link), in affiliation with the attorneys and agents featured herein, PATENTSEARCHERS.NET, PATENT.INFO, PATENTINFO.NET and Da Vinci Partners LLC, together referred to herein as "GREAT WALL IP". Eterna Link's sole purpose in operating GREAT WALL IP™ is to provide information about IP professionals to interested users. This Terms and Conditions of Service Agreement (TCUA) sets forth the terms and conditions governing the access and use of our site by you, its User. Your use of our site confirms your agreement to the terms and conditions outlined in this TCUA.
2. Your Rights to Use this Web site
3. Disclaimer of Third Party Content and User-generated Content
a. The GREAT WALL IP Web Site comprises some of our own Intellectual Property
It is believed that all materials found on the Web Site that constitute part of its infrastructure, including the web site design, layout, text, graphics, icons, and the selection, assembly and arrangements are owned or licensed to GREAT WALL IP. Users may not mine the Web Site for email addresses or contact information. Users have permission to make copies of web pages and interact with the Web Page for commercial and educational purposes consistent with agreement. Modification, transmission, display, distribution or republication of the contents of the Web Site, without the prior written permission of GREAT WALL IP, is strictly prohibited except where such distribution is for the purposes of attracting traffic to the Great Wall IP website. By using the Web Site, Users agree to respect the intellectual property rights constituted therein, including not to use the
trademarks, images, text, graphics, icons, trade dress, color scheme of the site for reasons competitive with the Web Site. Further, GREAT WALL IP appreciates your efforts in improving the web site. When you make a suggestion for improvement to the site, you thereby agree to transfer to Eterna Link any and all intellectual property rights associated with your suggestions for improvements to the web site, and to cooperate with Eterna Link in perfecting these rights through signing assignment agreements and other documents required from time to time by Eterna Link.
b. Commercial Use
You agree not to use the information gained on this web site to establish a service that is competitive with the GREAT WALL IP web site or for the purpose of recruiting attorneys for engagements other than with their current employers. Otherwise, the web site is intended for your commercial use.
Much of the content in the GREAT WALL IP web site is provided by third parties. GREAT WALL IP is not responsible for the content of any of this third party data, nor is GREAT WALL IP responsible for the completeness or accuracy of any such data. In certain instances, users of the GREAT WALL IP web site may add their own content to the site, as, for example, with annotations to shared work files, which may be accessed by other users. Such content is solely the responsibility of the party providing the content. GREAT WALL IP is not responsible in any way for such data, and GREAT WALL IP does not review such content in any way, including, without limitation, screening such content for the presence of computer viruses.
4. Links to Third Party Content are not our responsibility
When using the Web Site, you may sometimes be linked to other web sites. The vast majority of these web sites are not operated by GREAT WALL IP. The terms and conditions set forth in this agreement do not apply to these other web sites. In fact, you may be required to agree to additional terms and conditions in order to access information or services from these sites.
a. As an IP Professional whose profile is submitted for publication on the Web Site:
Eterna Link accepts or rejects registrations of professional profiles at its sole discretion.
Therefore, you understand and agree that registration of your professional profile is entirely at
Eterna Link’s discretion. Generally, however, candidates are accepted for membership and publication
of their profiles if they are known to GWIP, they work with GWIP or its
affiliate firms, they are not known to have a less than desirable reputation
and they are fluent in Chinese and are a Chinese intellectual property
professional, such as a registered Chinese patent agent, a Chinese IP
attorney, a Chinese patent searcher, a China-based expert on Chinese IP law
or IP enforcement, or a foreign-based registered patent agent that is fully
conversant in Chinese and whose practice focuses primarily on Chinese
intellectual property matters. You understand and agree that
if Eterna Link rejects your application for membership, you waive all legal recourse
you may otherwise have against GREAT WALL IP or Eterna Link or its affiliates. You further
provide Eterna Link with the right to modify and correct any biographical text or article or
brochure you might submit for publication for the purpose of presenting accurate information
that is easily understood by the readers of GREAT ALL IP.
b. As a user
In order to access certain portions of our web site and purchase the products and
services available on our site, you must register with GREAT WALL IP by completing
the registration form that applies to you. If you do not register, you may not be able
to access our entire site. By registering, you agree to comply with the terms and
conditions of your registration form as well as this TCUA.
6. Information for internal use only
i. You must be old enough to enter into valid contracts--Suspension
Valid registration on our web site is limited to persons who are eligible to enter into contracts under applicable law. This means that you must be 18 years of age or older for your registration with our web site to be valid. GREAT WALL IP reserves the right to reject or suspend your application to become a registered user, should we learn that you are not old enough to enter into valid contracts. At any time, GREAT WALL IP reserves the right to suspend user privileges and block access of any registered user who violates this TCUA.
ii. Your ID is for your own use only
You agree to take reasonable measures to ensure that no other person uses your GREAT WALL IP account. It is imperative that only you use your account. You may not transfer your User ID to anyone else. As a searcher, you agree that your permitting others to use your account justifies your permanent expulsion from GREAT WALL IP, notwithstanding any financial hardships this may cause you. As a subscribing client, you agree not to permit others to use your account.
iii. You will provide true registration information
You represent and warrant, that is, you promise, to GREAT WALL IP and its clients and/or searchers that the information contained in your registration form is complete and accurate. As a searcher, you agree to submit yourself to background searches, after notice from GREAT WALL IP, in our legitimate effort to ensure that you have the integrity necessary for membership.
7. E-payments and Credit Card Charge
GREAT WALL IP may charge fees for the use of certain products and services on our web site. The price, as well as any special terms and conditions, is set forth on the web site for each of these products and services.
Unless you or your employer have made separate billing arrangements, GREAT WALL IP will charge your credit card for any products or services you purchase. If you did not provide GREAT WALL IP with a credit card number during registration, then you will be asked to do so at the moment of purchase. If you choose to use Pay Pal, or other e-payment systems, your credit card information is provided directly to these third party services. Although GREAT WALL IP verifies these third party services, what takes place after you leave our web site is beyond our control and therefore is not our responsibility. We cannot assume any liability for events and actions taking place off of our web site. If you provide a credit card number to GREAT WALL IP upon registration,
you consent to the charging of this card for any purchases you make. Where your credit card number is associated with your user ID, you assume responsibility for any purchases made using your User ID. Therefore, you must closely safeguard your User ID, much like a credit card number, and you must immediately notify GREAT WALL IP if your user ID becomes compromised in any way. Any subscription fees paid by credit card will be automatically charged at the end of the term, until you cancel your subscription. It is entirely your responsibility to cancel your subscriptions.
8. Third Party Products and Services
Third parties provide many of the products and search and other services that are available via our web site. GREAT WALL IP is not responsible for the content of any of these products or services. Further, GREAT WALL IP is not responsible for the completeness or accuracy of the content of the products or services.
9. Payments and Late Charges
You agree to pay the current fees for all products and services purchased using your User ID. The current fees are clearly marked on the specific web pages related to each specific product or service. Each month, any charges made under your User ID will appear on your credit card statement. You agree to make payment based upon the transaction summary. If any authority imposes a duty, tax, levy or fee on your use of the Services, you agree to pay that amount. You agree to pay a late fee of 1.0 percent per month, or, if 1.0 is beyond a permissible legal limit for late fees, you agree to pay the highest amount allowed by law if your payment is not received by the due date set in the invoice. If GREAT WALL IP must resort to others to collect any payment due, you agree to reimburse GREAT WALL IP for all collection fees (including attorney's fees) incurred in their efforts to collect any unpaid balance on your account. We try our best to equitably resolve any fee dispute.
If you receive a bill from GREAT WALL IP that you believe is not correct, please contact GREAT WALL IP Customer Support
10. Release of Liability
You understand and agree that we cannot guarantee their services.
Therefore, you release GREAT WALL IP (and our officers, directors, employees, agents and subsidiaries) from any and all claims, demands and damages of any kind, known or unknown arising out of or connected in any way with such disputes.
You agree to defend, indemnify and hold harmless GREAT WALL IP and any of its directors, officers, agents and employees from and against any and all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of or related to (i) any breach by you of any term or condition of this TCUA or (ii) your engagement in any transactions on or use of our web site. If any such action shall be brought against any indemnified party, the indemnified party shall notify you in writing. You agree to assume and control the defense and settlement of each such action, including the selection and engagement of counsel and payment of all related expenses. Any indemnified party shall have the right to employ separate counsel in any such action and participate in the defense, at their own cost unless otherwise agreed to by you.
Any claim arising out of or relating to this TCUA or any GREAT WALL IP services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Chamber of Commerce of Geneva, Switzerland. Any such controversy or claim shall be arbitrated on an individual basis and will not be consolidated with other claims. The arbitration shall be conducted in Geneva, Switzerland and judgment on the arbitration award may be entered into any court of competent jurisdiction. In the event of urgency, you or GREAT WALL IP may seek preliminary relief from a court of competent jurisdiction in Geneva, Switzerland should such intervention be necessary to protect your intellectual property rights, such action being taken pending the arbitral decision.
You may terminate your registration on our web site at any time by providing written or email notice to GREAT WALL IP at the customer service address set forth on our web site. GREAT WALL IP further reserves the right to terminate your registration. All applicable provisions of the TCUA will survive termination of this TCUA. Upon termination, you will pay all outstanding fees owed to GREAT WALL IP within thirty (30) days and honor all outstanding transactions negotiated via our web site.
14. DISCLAIMER OF WARRANTIES
ACCESS TO THE GREAT WALL IP WEB SITE AND ITS CONTENT, PRODUCTS AND SERVICES ARE PROVIDED "AS IS." GREAT WALL IP DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, CONCERNING THE MERCHANTABILITY, QUALITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF OUR WEB SITE OR ITS CONTENT, PRODUCTS OR SERVICES. NO WARRANTY IS GIVEN THAT THE SERVICES WILL BE ERROR-FREE, FREE OF VIRUSES OR UNINTERRUPTED. GREAT WALL IP IS NOT RESPONSIBLE FOR DAMAGES, OF WHATEVER SORT, CAUSED BY COMMUNICATION ERRORS, OR IN THE CORRUPTION OF, OR THE SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATIONS CARRIERS' OR OTHER PROVIDERS' FACILITIES. GREAT WALL IP HAS NO LIABILITY FOR FAULTY OR INTERRUPTED COMMUNICATION LINKS, NOR FOR THE CONTENTS OF ANY SUCH COMMUNICATIONS. YOU ACKNOWLEDGE THAT SUBSTANTIAL AMOUNTS OF THE CONTENT OF THE WEB SITE ARE PROVIDED BY THIRD PARTIES, WHICH GREAT WALL IP HAS NO CONTROL OVER AND THEREFORE CANNOT BEAR RESPONSIBILITY OR LIABILITY FOR ANY SUCH CONTENT.
UNDER NO CIRCUMSTANCES WILL GREAT WALL IP BE RESPONSIBLE FOR THE USE BY YOU OF, OR RESULTS ACHIEVED BY YOU FROM THE SERVICES OR ANY DATA ACCESSED THROUGH OR TRANSMITTED VIA THE WEB SITE.
15. LIMITATION OF LIABILITY
GREAT WALL IP SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCURRED ARISING OUT OF THE INABILITY TO USE THE SERVICE, EVEN IF GREAT WALL IP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
EXCEPT FOR THE INDEMNIFICATION PROVISIONS IN PARAGRAPH 11, YOU SHALL NOT BE LIABLE TO GREAT WALL IP FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED OR ACTUAL PROFITS OR BUSINESS.
IN NO EVENT SHALL GREAT WALL IP BE LIABLE FOR DAMAGES, FOR ANY CAUSE OR BASED ON ANY MATTERS ARISING FROM THIS AGREEMENT, IN EXCESS OF THE TOTAL AMOUNT PAID IN DURING THE PRECEDING TWELVE MONTHS OF SERVICE BY YOU TO GREAT WALL IP UNDER THIS AGREEMENT.
16. General Compliance with Laws
You agree to comply fully with all applicable laws, ordinances, statutes, rules and regulations, and agree not to use our web site for any unlawful or anticompetitive purpose.
17. Waivers and Remedies
To be effective, any waiver by GREAT WALL IP of the provisions of this TCUA or of GREAT WALL IP's rights or remedies under this TCUA must be in writing. Any waiver in a particular instance will not be construed as a waiver of the same or different rights or breaches in any other instance. Failure by GREAT WALL IP to enforce the provisions of this TCUA or GREAT WALL IP's rights or remedies at any time will not be construed as a waiver of GREAT WALL IP's rights under this TCUA and thus will not prejudice GREAT WALL IP's right to take subsequent action.
In addition to posting a notice on its web site, GREAT WALL IP may notify you by email, by facsimile or by mail to the address(es) or facsimile number provided to GREAT WALL IP during the registration process. In such case, notice shall be deemed given 2 days after being sent by email or facsimile or 3 days after the date of mailing.
19. Applicable Law and Jurisdiction
This TCUA shall be governed and interpreted pursuant to the laws of the Canton of Geneva, Switzerland, without respect to its conflicts of law provisions. You agree that if you take legal action relating to these terms, the courts located in the Canton of Geneva, Switzerland, shall have the personal and exclusive jurisdiction of such action. If any part of this TCUA is deemed unlawful, void or unenforceable, that part will be severed from this agreement and will otherwise not affect the validity and enforceability of remaining provisions.
20. Amendments and Changes
GREAT WALL IP reserves the right, in our sole discretion, to change, add to, or discontinue any aspect of our web site. GREAT WALL IP also reserves the right, in our sole discretion, to modify this TCUA in any manner and to adopt additional terms or conditions governing your access and use of our web site, and the terms and conditions related to the access and use of our web site, at any time, without prior notice. The terms of any such amendment to this TCUA shall become effective immediately upon posting of such terms on our web site. Your continued use of our web site after such effective date shall constitute acceptance of such amended terms.
21. Third Party Beneficiaries
All users on our web site are intended third party beneficiaries of this TCUA; all rights and benefits conferred by this TCUA shall extend to such users and such users are independently entitled for enforce its provisions. This includes the confidentiality provisions of this web site. You hereby acknowledge that each other user is relying upon the representations made in this TCUA.
22. Independent Contractors
The relationship of GREAT WALL IP with its searchers and other service providers is that of independent contractors, and no agency, partnership, joint venture, employment or other similar relationship is intended or created by your acceptance of the terms of this TCUA or the use of our web site.
23. Entire Agreement
This TCUA sets forth the entire understanding between GREAT WALL IP and you with respect to the subject matter of this TCUA and supersedes any previous and contemporaneous communications, representations, understandings and agreements, whether oral or written, between GREAT WALL IP and you with respect to said subject matter.
24. GREAT WALL IP Customer Support
Direct support questions and problem reports regarding use of our web site to GREAT WALL IP in writing to:
GREAT WALL IP,
c/o Eterna Link Enterprises Pty. Ltd
Attn: Customer Support
6 Grevillea Ave
Kangaroo Flat, 3555
or by email
During any support inquiry, you agree that GREAT WALL IP may keep records of the conversations
that our employees or agents have with you in order to monitor the quality of GREAT WALL IP's
service and to ensure that the information needed is received. Note that GREAT WALL IP's
customer service employees are not authorized to waive any provisions of this TCUA.
GREAT WALL IP reserves the right, in our sole discretion, to change, add to, or
discontinue any terms of membership or registration on this site. Your having been
previously registered does not confer a right to continued registration. In other
words, GREAT WALL IP reserves the right, without prior written notice, to change
membership terms with existing members to the extent that no specific, unambiguous,
written terms were agreed to at the time of prior registration. It should be
understood that such changes may be necessary from time to time to comply with the
law and to ensure continued and uninterrupted service for our paying members.
The terms of any such amendment to this TCUA shall become effective immediately
upon posting of such terms on our web site. Your continued use of our web site
after such effective date shall constitute acceptance of such amended terms.
If you contact an attorney via the GREAT WALL IP messaging system,
initial submission is not confidential, and the system administrator may facilitate
the selection of an alternative attorney, despite the initial choice, to ensure the message
is received by the attorney most appropriate to respond.