Legal
IMPORTANT – PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE ROCKET PATENT MOBILE APPLICATION OR WEBSITE. BY ACCESSING OR USING ROCKET PATENT, YOU AGREE TO BE LEGALLY BOUND BY ALL TERMS AND CONDITIONS SET FORTH HEREIN.
This User Agreement and Terms of Service ("Agreement") is a legally binding contract between you ("User," "you," or "your") and Recovr Strategies Corp., d.b.a., Rocket Patent (hereinafter "Rocket Patent," "we," "our," or "us"), governing your access to and use of the Rocket Patent mobile application and website located at rocketpatentme.com (collectively, the "Platform"). Rocket Patent is a marketplace and management platform connecting individual inventors, intellectual-property professionals, and enterprise partners for the purpose of listing, marketing, licensing, and transacting patent rights. Rocket Patent operates as the contracting entity for all services described herein. By creating an account, clicking "I Agree," or otherwise accessing or using the Platform, you represent that you have read, understood, and agree to be bound by this Agreement and all Rocket Patent policies incorporated by reference.
To access or use the Platform, you must: (a) be at least 18 years of age; (b) have the legal capacity to enter into binding contracts under Applicable Law; (c) not be a person or entity barred from using the Platform under the laws of the United States or any other jurisdiction; and (d) if registering on behalf of an Enterprise Partner, have full authority to bind that entity to this Agreement. By using the Platform, you represent and warrant that you satisfy all eligibility requirements. Rocket Patent reserves the right to verify eligibility at any time and to terminate accounts that do not meet these requirements.
THIS SECTION CONTAINS MANDATORY COMPLIANCE OBLIGATIONS. FAILURE TO COMPLY MAY RESULT IN IMMEDIATE ACCOUNT SUSPENSION OR TERMINATION AND MAY EXPOSE YOU TO LEGAL LIABILITY.
4.1 Compliance with Rocket Patent Policies
By accessing or using the Platform, each User – whether an Individual Inventor or Enterprise Partner – unconditionally agrees to abide by, and remain in full compliance with, all Rocket Patent rules, policies, guidelines, provisions, and community standards, including but not limited to:
Rocket Patent may amend any policy at its sole discretion with notice posted on the Platform. Continued use of the Platform after such notice constitutes your acceptance of the revised policy.
4.2 Compliance with Applicable Laws
Each User agrees to comply fully with all Applicable Laws in connection with their use of the Platform and any Transaction, including without limitation:
Users are solely responsible for obtaining any approvals, licenses, or registrations required by Applicable Law for their Transactions. Rocket Patent makes no representation that the Platform or any Transaction is lawful in any particular jurisdiction.
4.3 Prohibited Conduct
Users must not:
ALL TRANSACTIONS RELATED TO PATENTS LISTED ON THE ROCKET PATENT PLATFORM MUST BE CONDUCTED SOLELY AND EXCLUSIVELY THROUGH THE ROCKET PATENT PLATFORM. OFF-PLATFORM TRANSACTIONS ARE STRICTLY PROHIBITED AND MAY RESULT IN ACCOUNT TERMINATION AND FINANCIAL PENALTIES.
5.1 Exclusive Transaction Obligation
By using the Platform, each User expressly agrees that any and all Transactions related to any patent, patent application, or portfolio that has been advertised, listed, or otherwise made available through the Platform – whether by sale, assignment, license, option, pledge, or any other disposition of patent rights – shall be conducted solely and exclusively through the Rocket Patent Platform and its integrated payment, escrow, and execution systems. This obligation applies to: (a) the User who created the Listing; (b) any User who inquired about, expressed interest in, or communicated with the listing party regarding such Listing; and (c) any third party introduced to the Listing through the Platform.
5.2 Prohibition on Off-Platform Transactions
Users are strictly prohibited from:
5.3 Consequences of Off-Platform Transactions
Any User found to have engaged in an off-Platform Transaction in violation of Section 5.2 may be subject to, at Rocket Patent's sole discretion:
5.4 Reporting Off-Platform Solicitations
Users who are solicited to engage in an off-Platform Transaction must promptly report such solicitation to Rocket Patent at compliance@rocketpatentme.com. Failure to report may be considered a violation of this Agreement.
To access certain features of the Platform, you must register for an account. You agree to: (a) provide accurate, current, and complete information; (b) maintain and promptly update your account information; (c) keep your password confidential and not share access with unauthorized parties; and (d) notify Rocket Patent immediately of any unauthorized use of your account. Enterprise Partners must designate at least one authorized administrator and may create sub-accounts for authorized employees, subject to Rocket Patent's Enterprise Account Policy. The Enterprise Partner is responsible for all activities conducted through its account and any sub-accounts. Rocket Patent reserves the right to refuse registration, cancel accounts, or remove Content at its sole discretion.
Users who post Listings represent and warrant that: (a) they have full right, title, and authority to list the applicable patent rights; (b) the Listing information is accurate, complete, and not misleading; (c) the patent rights are free of undisclosed encumbrances, liens, or third-party claims; and (d) the Listing complies with all Applicable Law and Rocket Patent's Listing & Quality Standards Policy. Rocket Patent may, without prior notice, remove or modify any Listing that violates this Agreement, any Rocket Patent policy, or Applicable Law. Rocket Patent does not guarantee the accuracy, validity, enforceability, or commercialization potential of any listed patent.
Use of the Platform may be subject to fees as set forth in Rocket Patent's current Fee & Payment Schedule, which is incorporated herein by reference. Fees are non-refundable except as expressly stated in the Fee & Payment Schedule or required by Applicable Law. All payments for Transactions must be processed through Rocket Patent's integrated payment system. Rocket Patent may withhold disbursements pending verification of compliance with this Agreement. Taxes arising from Transactions are the sole responsibility of the User.
Rocket Patent retains all right, title, and interest in and to the Platform, including all software, designs, trademarks, and proprietary technology. Nothing in this Agreement grants you any right or license to use Rocket Patent's intellectual property except as expressly permitted herein. By submitting Content to the Platform, you grant Rocket Patent a non-exclusive, worldwide, royalty-free license to display, reproduce, and distribute such Content solely for the purpose of operating and promoting the Platform. You retain all ownership rights in your Content.
THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ROCKET PATENT DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ROCKET PATENT DOES NOT PROVIDE LEGAL, PATENT PROSECUTION, VALUATION, OR FINANCIAL ADVICE. USERS SHOULD CONSULT QUALIFIED PROFESSIONALS BEFORE ENTERING INTO ANY TRANSACTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ROCKET PATENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING FROM YOUR USE OF THE PLATFORM OR ANY TRANSACTION. IN NO EVENT SHALL ROCKET PATENT'S AGGREGATE LIABILITY EXCEED THE GREATER OF (A) THE FEES PAID BY YOU TO ROCKET PATENT IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100).
You agree to indemnify, defend, and hold harmless Rocket Patent and its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of this Agreement; (b) your use of the Platform; (c) your Listings or Content; (d) any Transaction you enter into through the Platform; or (e) your violation of Applicable Law or the rights of any third party.
13.1 Informal Resolution
Before initiating formal proceedings, the parties agree to attempt in good faith to resolve any dispute informally by providing written notice to the other party describing the dispute and desired resolution. If the dispute is not resolved within thirty (30) days, either party may proceed as set forth below.
13.2 Binding Arbitration
Except for claims seeking injunctive or other equitable relief, any dispute, claim, or controversy arising out of or relating to this Agreement or the Platform shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall be conducted in English, seated in New York City, New York. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
13.3 Class Action Waiver
YOU AND ROCKET PATENT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
13.4 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-laws principles, except where superseded by the Federal Arbitration Act.
Rocket Patent may suspend or terminate your account and access to the Platform at any time, with or without cause, upon notice. You may terminate your account at any time through your account settings. Upon termination: (a) your license to use the Platform immediately ceases; (b) Rocket Patent may retain Content as required by law or for legitimate business purposes; and (c) any pending Transactions shall be completed or cancelled in accordance with Rocket Patent's Transaction Completion Policy. Sections 4, 5, 9, 10, 11, 12, 13, and 15 survive termination of this Agreement.
15.1 Entire Agreement
This Agreement, together with all incorporated policies, constitutes the entire agreement between you and Rocket Patent regarding the Platform and supersedes all prior agreements.
15.2 Amendment
Rocket Patent may modify this Agreement at any time by posting the revised version on the Platform. Your continued use of the Platform after the effective date of any revision constitutes your acceptance of the modified Agreement.
15.3 Severability
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
15.4 Waiver
No waiver by Rocket Patent of any breach shall constitute a waiver of any subsequent breach. No waiver is effective unless in writing signed by Rocket Patent.
15.5 Assignment
You may not assign this Agreement or any of your rights hereunder without Rocket Patent's prior written consent. Rocket Patent may freely assign this Agreement.
15.6 Force Majeure
Rocket Patent shall not be liable for any failure or delay caused by events beyond its reasonable control, including natural disasters, pandemics, governmental actions, or internet outages.
15.7 Electronic Communications
You consent to receive communications from Rocket Patent electronically and agree that electronic communications satisfy any legal requirement that such communications be in writing.
15.8 No Agency
Nothing in this Agreement creates an agency, partnership, joint venture, or employment relationship between you and Rocket Patent.
Recovr Strategies Corp.
Attn: Legal Department
Email: legal@rocketpatentme.com
Compliance: compliance@rocketpatentme.com
BY ACCESSING OR USING THE ROCKET PATENT PLATFORM, CREATING AN ACCOUNT, OR CLICKING "I AGREE," YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY, UNDERSTAND ITS TERMS, AND AGREE TO BE LEGALLY BOUND BY THEM.