Terms of Service

Last revised: May 2023

1 Your Acceptance of Terms

Welcome

The following Terms of Service (“Terms”) INCLUDING THE BINDING ARBITRATION PROVISION CONTAINED IN SECTION 14 are between you (also “your” or “user”) and RPX Corporation (“RPX”, “we” or “us”) and constitute a legal agreement that governs your use of all RPX websites, web platforms, or online databases within the domains rpxcorp.com, rpxinsurance.com, insight.rpxcorp.com and all related services (collectively, the “Service”). You must agree to these Terms before you can use the Service, and your use of the Service will indicate your consent to these Terms. If you do not agree to any of the following Terms, you may not use the Service. If you received a User ID with access to the Service, you are accepting these Terms on behalf of yourself and the company for which RPX authorized your access to the Service.

Legal Authority

To use or register for the Service you (a) must be of legal age to form a binding contract with RPX, and (b) cannot be a person or entity barred from receiving the Service under the laws of the United States or other applicable jurisdiction, including the country in which you reside, are incorporated, or from which you use the Service. By using the Service, you represent that you understand and agree to the foregoing.

Changes to Terms

RPX may update or change the Terms from time to time and recommends that you review the Terms on a regular basis. You can review the most current version of the Terms at any time at https://www.rpxcorp.com/rpx-terms-of-service/. If RPX makes a change to the Terms, we will post the updated Terms to the Service. You understand and agree that your continued use of the Service after the Terms have changed constitutes your acceptance of the Terms as revised.

2 RPX Service

Changes to the Service

RPX reserves the right to modify or stop the Service (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. Without limiting the foregoing, we may post on the Service notice of such changes to the Service. It is your responsibility to review the Service for any such notices. You agree that RPX shall not be liable to you or any third party for any modification or cessation of the Service, in whole or in part.

Limitations on Use

You agree to use the Service only for purposes as permitted by these Terms and in accordance with any applicable law, regulation, or generally accepted practice in the applicable jurisdiction.

You agree that you will not use the Service to:

      • Delete, hack, or attempt to change or alter RPX Content (defined below) or notices;
      • Use any device or software to damage or interfere with the Service or networks connected to the Service;
      • Use any automatic or manual device or process to harvest or compile information from the Service;
      • Copy, modify, create derivative works, reverse engineer, decompile, or disassemble the source code upon which the Service is based;
      • Introduce any malicious software, viruses, bugs, or malware into the Services designed to harm the Service;
      • Use RPX Content in any manner that misappropriates or infringes the intellectual property rights of a third party;
      • Attempt to gain unauthorized access to another individual’s personal information or non-personal information;
      • Send junk mail, unauthorized e-mail, or advertisements;
      • Encourage any illegal activities or post obscene, defamatory, threatening, abusive, or hateful content directed at another individual; and
      • Violate any applicable laws or regulations.

3 Registration

User IDs

RPX may provide you with an individual user ID (each a “User ID”) for access to certain parts of the Service. A User ID may only be used by the individual to whom it is issued.

If you received a User ID with access to the Service, the following additional terms would apply to your use of that User ID:

    • You may only use such User ID while you are employed by the company for which RPX authorized your access to the Service.
    • As between you and the company with which you are employed, such company will have full control over your User ID, and RPX may, in its sole discretion or at the request of such company, at any time terminate your ability to access those aspects of the Service that can only be accessed through a User ID. If such company ceases to be a member of RPX or you cease to be employed by such company, we may terminate your ability to access those aspects of the Service that can only be accessed through a User ID.
    • In limited circumstances, RPX may provide an attorney with a User ID with access to the Service when that attorney acts as outside legal counsel in patent-related matters for the company for which such User ID was authorized by RPX. If you are an attorney to whom such a User ID is issued, you may use the User ID, and any Content that you access through the User ID, solely for the benefit of such company and in the course of performing services for such company (and such use will be deemed “internal use” for purposes of Section 4 below), and such company will have full control over the User ID. RPX may, in its sole discretion or at the request of the company, at any time terminate your ability to access the Service. If the company ceases to be a member of RPX, or if you cease to act as outside legal counsel in patent-related matters for such company, RPX may terminate your ability to access the Service.

    Account Security

    Upon receiving your User ID, you will be required to select a password. Please choose a strong password and do not reveal your password to others. You agree that you are responsible for keeping your password confidential and secure, and further understand that you (together with your company if you are an individual who registers for a User ID for the Service) are solely responsible and liable for any activities that occur under your User ID. Each company will be responsible for all activity that occurs under each of its employee’s and attorney’s User IDs for the Service. If you suspect or become aware of any unauthorized use of any User ID, or if you become aware that any employee or attorney with an active User ID ceases to be employed or engaged by the company for which such User ID was authorized by RPX for the Service, please notify us at insight@rpxcorp.com.

    Registration Obligations

    You agree that all information you provide to RPX during the registration process (“Registration Data”) will be accurate, complete and current information, and that you will maintain and update the Registration Data as needed to keep it accurate and current. Failure to provide accurate, current and complete Registration Data could result in the suspension and/or termination of your ability to access all or portions of the Service.

4 Content

Content

“Content” means any information that may be viewed, accessed, downloaded, uploaded, posted, generated or submitted through the Service, such as data files, written text, graphics, images, sounds, videos, messages and any other like materials, including any information derived from any of the foregoing. “RPX Content” is any Content that is provided to you by RPX through the Service.

Your Use of RPX Content

You are permitted to store, display, analyze, modify, reformat, and print RPX Content only for your own internal and personal use and subject to the restrictions set forth below. You are not permitted to publish, transmit, or otherwise reproduce or disseminate RPX Content, in whole or in part, in any format, to or for any third party (including, without limitation, any of your affiliates, consultants, or attorneys) without the express prior written consent of RPX. You agree that you will not sell, resell, rent, lease or trade the Service (including, without limitation, the Content or any part thereof) for any purpose or distribute it over any other medium, including over any computer network or hyperlink framing. In addition, you are not permitted to alter, obscure, or remove any copyright, trademark or any other notices that are provided to you in connection with RPX Content.

YOU AGREE NOT TO USE, TRANSFER, DISTRIBUTE, OR DISPOSE OF ANY INFORMATION CONTAINED IN THE SERVICE IN ANY MANNER THAT COULD COMPETE WITH THE SERVICE. YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT, OR IN ANY WAY EXPLOIT ANY PART OF THE SERVICE, EXCEPT AS EXPRESSLY PERMITTED IN THESE TERMS. YOU MAY NOT RECIRCULATE, REDISTRIBUTE OR PUBLISH THE ANALYSIS AND PRESENTATION INCLUDED IN THE SERVICE WITHOUT RPX’S PRIOR WRITTEN CONSENT. THE SERVICE AND THE INFORMATION CONTAINED THEREIN MAY NOT BE USED TO CONSTRUCT A DATABASE OF ANY KIND, NOR MAY THE SERVICE BE STORED (IN ITS ENTIRETY OR IN ANY PART) IN DATABASES FOR ACCESS BY YOU OR ANY THIRD PARTY OR TO DISTRIBUTE ANY DATABASE SERVICES CONTAINING ALL OR PART OF THE SERVICE. YOU MAY NOT USE THE SERVICE IN ANY WAY TO ASSEMBLE, CREATE, OR IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY. YOU WILL NOT USE THE SERVICE OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL.

Your Content

If you post or upload Content through the Service, you grant RPX a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media known now or in the future. With respect to any Content consisting of letters or similar communications that you post or upload through the RPX “My Assertions” service (or that RPX uploads for you at your request), RPX will not disclose copies of such letters to third parties that are not affiliated with your company unless you give us express consent to do so. RPX may freely disclose the information contained in or related to the letter in aggregated and anonymized form (that is, without identifying you or your company as the recipient of the letter), which might include disclosure of the following information: (a) the patents referenced in the letter, (b) the person or entity that sent the letter and its counsel and affiliates, and (c) the date of the letter. If you do not want RPX to have particular information contained in a letter or similar communication that you post or upload through the RPX “My Assertions” service, we suggest that you redact the letter before you post or upload it.

You represent and warrant that you own or otherwise control all of the rights to the Content that you post or upload through the Service and that you have all rights necessary to grant to RPX the license granted in the preceding paragraph; that the Content is accurate; that use of the Content does not violate these Terms and will not cause injury to any person or entity; and that you will indemnify RPX for all claims resulting from Content you post or upload. In addition, with respect to any Content consisting of letters or similar communications that you post or upload through the RPX “My Assertions” service, you represent and warrant that you have the right to disclose such Content to RPX in accordance with these Terms and to grant the license set forth above on behalf of your company. RPX has the right but not the obligation to monitor and edit or remove any activity or Content on or through the Service. RPX takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party.

In the event that you enter any information in the RPXIS Insurance Application, all information that you submit in the application will be treated as confidential and not disclosed by the insurer (as described in the application), RPX Insurance Services, LLC, or RPX (collectively, “RPXIS”) except to the extent the information (a) is publicly known and made generally available in the public domain prior to the time of submission or becomes publicly available through no action of RPXIS; (b) is already in the possession of RPXIS from a non-confidential source when submitted by you; (c) is obtained by RPXIS from a third party without a breach of such third party’s obligations of confidentiality; or (d) is independently developed without use of or reference to your information. RPXIS may disclose information you submit in the RPXIS Insurance Application if compelled by legal order, subpoena, or other governmental or legal process; provided, that RPX will use reasonable efforts to notify you in advance and will reasonably cooperate with you (at your expense) if you seek to oppose such legal order, subpoena, or other governmental or legal process. RPXIS shall take reasonable measures to protect the secrecy of and avoid disclosure and unauthorized use of your confidential information submitted through the application. RPX may use submitted information for internal research and development, and any data generated from such information will not be shared or otherwise disclosed to third parties in any manner except in an anonymized form. If you enter any information in the application, that information will be saved automatically. Your information will be provided to our third party service providers, who will be obligated to protect the information and will use the information only in performing services for RPXIS. In addition, in the event that you are directly or indirectly working with any insurance brokers in connection with the application, those insurance brokers will have access to all information that you enter in the application.

FEEDBACK

We welcome your input on how RPX may improve the Service. If you provide us any feedback, suggestions, recommendations, or other input relating to the Service (collectively, “Feedback”), then you hereby grant us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, sublicensable, transferable license to reproduce, perform, display, distribute, modify, create derivative works of, make, have made, use, sell, offer to sell, import, and otherwise dispose of such Feedback, and any modifications, derivative works or implementations thereof and any product, software, or service that incorporates, is combined with or uses, or is marketed for use in combination with, any of the foregoing, RPX acknowledges that any such Feedback is provided by you “AS IS” and without any representation or warranty.

RPX Proprietary Rights

You acknowledge and agree that RPX and/or its licensors own all legal right, title and interest in and to the “look and feel” of the Service and any RPX Content including text, graphics, logos, button icons, photos, images, forms, audio, video, questionnaires, and software, including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the RPX Content) contains proprietary and confidential information that is subject to all applicable copyright, patent, trademark, and various other intellectual property laws under United States law, foreign laws, and international conventions. These Terms are not intended to, and will not, transfer or grant any rights in or to the RPX Content other than those which are specifically granted herein, and all rights not expressly granted herein are reserved by RPX or its licensors.

RPX Marketplace

By subscribing to and reviewing the contents of RPX Marketplace, you acknowledge and understand that RPX may not have secured Notice Waiver Terms, from each prospective third-party seller or licensor (and/or the representing agents of such seller or licensor), with respect to each patent acquisition opportunity.

“Notice Waiver Terms” means the waiver of a prospective third-party seller’s or licensor’s right to allege that: (a) RPX’s receipt and/or evaluation of any information related to a particular business opportunity, or (b) RPX’s potential or actual communication of such information to any current or prospective RPX members, may constitute pre-litigation notice to or knowledge by (or evidence thereof) RPX members of the existence or potential infringement of any patents identified (directly or indirectly) to RPX.

Copyright Notice – DMCA

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Service, you may notify us pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA”). To file a copyright infringement notification with us, you will need to send a written communication that includes the following (please consult your legal counsel or see Section 512(c)(3) of the DMCA to confirm these requirements):

    • A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
    • Identification of the copyrighted work claimed to have been infringed.
    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
    • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address.
    • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
    • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The written communication should be sent to our Designated Copyright Agent at the following address:

RPX Corporation
Four Embarcadero Center, Suite 4000
San Francisco, CA 94111
Attention: Designated Copyright Agent

After receiving a valid DMCA notification of claimed infringement, we will process and investigate the claim and will take appropriate actions under the DMCA, including expeditiously removing or disabling access to any material claimed to be infringing or claimed to be the subject of infringing activity. We will take reasonable steps promptly to notify the user who submitted the material that we have removed or disabled access to such material.
Counter-Notification. If you posted or submitted material to the Service which RPX removed or disabled access to pursuant to a DMCA notification of claimed infringement, and you believe your material is not infringing and the material was removed or disabled as a result of a mistake or misidentification, you may send a counter-notification containing the following information in writing to RPX’s designated agent listed above:

    • Your physical or electronic signature;
    • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
    • A statement under penalty of perjury that the you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
    • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which RPX may be found, and that you will accept service of process from the person who provided the notification of claimed infringement or an agent of such person.

If a valid counter-notification is received by our designated agent, we will send a copy of the counter-notification to the original complaining party informing that person that we will replace the removed material or cease disabling access to it in 10 business days. Unless our designated agent first receives notice from the original complaining party that such party has filed an action seeking a court order to restrain the alleged infringement, we will replace or restore access to the material in 10 to 14 business days after our designated agent’s receipt of the counter-notification, at our sole discretion.
RPX reserves the right, in its sole discretion, to terminate accounts for users that are deemed to be repeat copyright infringers.

5 Trademark Information

RPX, the RPX logo, and other RPX trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of RPX Corporation subject to intellectual property laws under United States law, foreign laws, and international conventions. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license under these Terms in any trademarks, and you further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service.

6 RPX Insight Paid Accounts, Payments and Fees

RPX Insight Paid Accounts

You cancan increase your access to documents and downloads and add paid features to your RPX Insight account by turning your account into a “Paid Account” either by upgrading directly through the RPX Insight website or by entering into a separate agreement with RPX for a Paid Account. The terms set forth in this Section 6 do not apply with respect to any RPX memberships.

Paid Account Fees

Paid Accounts may be offered on a subscription basis or with non-subscription-based paid features.
The fees applicable for Paid Accounts and features provided thereunder are available on the RPX Insight website or in RPX’s current published RPX Insight price list at the time you agree to a subscription or begin using a non-subscription-based paid feature.

Taxes
You are responsible for all applicable taxes in connection with your Paid Account, and we will charge tax when required to do so.

Payment
You must be authorized to use the credit card that you enter when you create a billing account. You authorize us or our third-party payment service provider to charge you for your Paid Account or any paid feature you purchase. We or our third-party payment service provider may bill: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for a subscription. We may bill you simultaneously for more than one of your prior billing periods.
Except as prohibited by law, we may assess a late charge if you do not pay on time. You must pay these late charges when we bill you for them. The late charge (if any) will be set forth on the RPX Insight website or in RPX’s current published price list at the time you agree to a subscription or begin using a non-subscription-based paid feature. We may suspend or cancel your Paid Account if you fail to pay in full on time.

Renewal

Renewal terms for subscriptions (if any) will be set forth on the RPX Insight website or in RPX’s current published price list at the time you agree to a subscription. RPX reserves the right to change the terms of a subscription service and may not offer you the same subscription terms at the end of a subscription period.

Collection of Fees

We may take steps to collect the fees you owe us. You are responsible for all related collection costs and expenses.

Credit Card Information

You must keep all information in your billing account current. You can access and modify your billing account information on the Service. You may change your payment method at any time. If you tell us to stop using your payment method, and we no longer receive payment from you for your Paid Account, we may cancel your Paid Account in accordance with Section 7 of these Terms. Your notice to us will not affect charges we submit to your billing account before we reasonably could act on your request.

If you do not notify us of updates to your payment method, to avoid interruption of your service, we or our third-party payment service provider may participate in programs supported by your card provider to try to update your payment information, and you authorize us or our third-party payment service provider to continue billing your account with the updated information that we obtain.

Refunds

You may cancel your Paid Account and any subscriptions thereunder at any time. You will not be issued a refund except as otherwise provided on the Service or in RPX’s current published price list at the time of your turning your account into a Paid Account (or agreeing to the subscription, as applicable), except as otherwise required under applicable law.

Downgrades

Your Paid Account will remain in effect until the Paid Account expires, you cancel the Paid Account, or we terminate the Paid Account as described in Section 7 below. If your Paid Account expires we will downgrade your account to a non-paid account. If you do not pay the fees associated with your Paid Account on time, we reserve the right to downgrade or terminate your account with or without notice to you.

7 Termination

RPX may at any time, upon its sole discretion, terminate, suspend, or downgrade all or a portion of your access to the Service, without prior notice to you, for certain prohibited conduct, including, but not limited to: (a) violations of the Terms or any other policies or guidelines that are referenced herein or posted on the Service; (b) a request by you to cancel or terminate your access to the Service; (c) discontinuance or material modification to the Service or any part thereof; (d) a request or order from law enforcement, a judicial body, or other government agency; (e) where provision of the Service to you is or may become unlawful; (f) unexpected technical or security issues or problems; (g) your participation in fraudulent or illegal activities; (h) failure to pay any membership fees owed by the company with which you are employed in relation to the Service if you received a User ID with access to the Service; (i) failure to pay for your Paid Account on time; or (j) as set forth elsewhere in the Terms. Any such termination or suspension shall be made by RPX in its sole discretion, without any monetary liability to you, and RPX will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your access to the Service.

8 Links and Third Party Materials

Certain Content or other features of the Service include materials from third parties or links to certain third party websites. The Service may include Chinese litigation data sourced by PatSnap. RPX does not endorse or take responsibility for any third-party Content. You agree that RPX is not responsible for the availability or accuracy of third-party Content. You understand that RPX has no obligation to, and generally does not, approve or monitor materials provided by third parties through the Service. Your use of third-party Content is at your own risk.

9 Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RPX AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, RPX AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; OR (C) ANY CONTENT OR OTHER INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE.

THE SERVICE AND ALL CONTENT THEREIN HAS BEEN PREPARED FOR INFORMATIONAL PURPOSES ONLY WITHOUT REGARD TO ANY PARTICULAR USER’S OBJECTIVES. THE SERVICE AND THE CONTENT THEREIN IS NOT TO BE CONSTRUED AS A RECOMMENDATION, AN OFFER TO BUY OR SELL, OR THE SOLICITATION OF AN OFFER TO BUY OR SELL ANY INTELLECTUAL PROPERTY OR OTHER ASSETS OR SERVICES. ALTHOUGH THE SERVICE IS BASED UPON INFORMATION THAT RPX CONSIDERS RELIABLE AND ENDEAVORS TO KEEP CURRENT, RPX DOES NOT REPRESENT THAT THE SERVICE OR ANY CONTENT THEREIN IS ACCURATE, CURRENT, OR COMPLETE, AND IT SHOULD NOT BE RELIED UPON AS SUCH.

THE FACT THAT RPX HAS MADE THE SERVICE AVAILABLE TO YOU DOES NOT CONSTITUTE A RECOMMENDATION THAT YOU ENTER INTO A PARTICULAR TRANSACTION OR PURSUE ANY PARTICULAR LEGAL ACTION. THE SERVICE IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED TO CONSTITUTE, AND SHOULD NOT BE CONSTRUED AS, LEGAL OR FINANCIAL ADVICE ON ANY SUBJECT MATTER. THEREFORE, YOU SHOULD NOT CONSIDER THIS INFORMATION TO BE AN INVITATION TO AN ATTORNEY-CLIENT RELATIONSHIP. YOU SHOULD ALWAYS SEEK THE LEGAL ADVICE OF COMPETENT COUNSEL IN YOUR JURISDICTION. RPX IS NOT A LAW FIRM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AS SET FORTH IN THIS SECTION 9, OR THE LIMITATION OF LIABILITY SET FORTH IN SECTION 10 BELOW. AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS IN THIS SECTION 9 OR IN SECTION 10 BELOW ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, THOSE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

10 Limitation of Liability

THE CUMULATIVE LIABILITY OF RPX AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS ARISING OUT OF OR RELATING TO THESE TERMS AND/OR THE SERVICE WILL NOT EXCEED A TOTAL OF THE GREATER OF US$1000 OR THE AMOUNTS PAID BY YOU TO RPX FOR USE OF A PAID ACCOUNT FOR THE PAST 12 MONTHS OF THE SERVICE IN QUESTION. FOR THE AVOIDANCE OF DOUBT, RPX MEMBERSHIP OR INSURANCE FEES ARE NOT AMOUNTS PAID FOR USE OF A PAID ACCOUNT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT RPX AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF RPX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE (B) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (C) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (F) ANY OTHER MATTER RELATING TO THE SERVICE.

11 Indemnity

You will indemnify, defend, and hold us (and our affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors) harmless from and against any loss, claim or demand, including reasonable attorneys’ fees, arising out of or relating to your breach of these Terms, use of the Service, or your violation of any law or the rights of RPX or any third party.

12 Notices

Except as explicitly stated otherwise, legal notices shall be sent to RPX at the following address: Four Embarcadero Center, Suite 4000, San Francisco, CA 94111, Attention: General Counsel. Notice shall be deemed given upon receipt.

13 Governing Law

These Terms and the relationship between you and RPX shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the City and County of San Francisco, California, to resolve any dispute or claim arising from these Terms.

14 Arbitration

Any dispute, controversy or claim arising out of or in connection with or relating to your use of the Service or these Terms, or any breach or alleged breach of these Terms, shall be submitted to a single arbitrator and settled by binding arbitration pursuant to the Commercial Rules then in effect of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the City and County of San Francisco, California. Judgment upon the award may be entered in any court of competent jurisdiction and shall remain confidential. Arbitration shall be conducted in the English language. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY DISPUTE ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS.

15 General

These Terms constitute the entire agreement between you and RPX, govern your use of the Service and completely replace any prior agreements between you and RPX in relation to the Service. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. You may not assign your rights or obligations hereunder, by operation of law or otherwise. RPX may freely assign its rights and obligations hereunder. The failure of RPX to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms will survive notwithstanding any termination of your access to all or any portion of the Service. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement. No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms. Any translation of these Terms is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of these Terms shall govern. You agree that any claim or cause of action arising out of or related to these Terms or the use of the Service must be filed within one (1) year after the cause of action arose or be forever barred, except as otherwise required under applicable law.

16 Insurance Fraud Warnings and Surplus Lines Licenses

Notice to Alabama Alabama applicants: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or who knowingly presents false information in an application for insurance is guilty of a crime and may be subject to restitution, fines, or confinement in prison, or any combination thereof.

Notice to Arizona applicants: For your protection Arizona law requires the following statement to appear on this form: Any person who knowingly presents a false or fraudulent claim for payment of a loss is subject to criminal and civil penalties.

Notice to Arkansas and Louisiana applicants: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.

Notice to California applicants: For your protection, California law requires the following to appear on this form: Any person who knowingly presents a false or fraudulent claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison.

Notice to Colorado applicants: It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies.

Notice to Delaware applicants: Any person who knowingly, and with intent to injure, defraud or deceive any insurer, files a statement of claim containing any false, incomplete or misleading information is guilty of a felony.

Notice to District of Columbia applicants: WARNING: It is a crime to provide false or misleading information to an insurer for the purpose of defrauding the insurer or any other person. Penalties include imprisonment and/or fines. In addition, an insurer may deny insurance benefits if false information materially related to a claim was provided by the applicant.

Notice to Florida applicants: Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony of the third degree.

Notice to Hawaii applicants: For your protection, Hawaii law requires you to be informed that presenting a fraudulent claim for payment of a loss or benefit is a crime punishable by fines or imprisonment, or both.

Notice to Idaho applicants: Any person who knowingly, and with intent to defraud or deceive any insurance company, files a statement of claim containing any false, incomplete, or misleading information is guilty of a felony.

Notice to Illinois and Iowa applicants: Any person who knowingly presents false information in an application for insurance or a viatical settlement contract is guilty of a crime and may be subject to fines and confinement in prison.

Notice to Indiana applicants: A person who knowingly and with intent to defraud an insurer files a statement of claim containing any false, incomplete, or misleading information commits a felony.

Notice to Maine applicants: It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment, fines or a denial of insurance benefits.

Notice to Maryland applicants: Any person who knowingly or willfully presents a false or fraudulent claim for payment of a loss or benefit or who knowingly or willfully presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.

Notice to Minnesota applicants: A person who files a claim with intent to defraud, or helps commit a fraud against an insurer, is guilty of a crime.

Notice to New Hampshire applicants: Any person who, with a purpose to injure, defraud or deceive any insurance company, files a statement of claim containing any false, incomplete or misleading information is subject to prosecution and punishment for insurance fraud, as provided in section 638:20.

Notice to New Jersey applicants: Any person who knowingly files a statement of claim containing any false or misleading information is subject to criminal and civil penalties.

Notice to New Mexico applicants: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to civil fines and criminal penalties.

Notice to New York applicants: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime, and shall also be subject to a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation.

Notice to Ohio applicants: Any person who, with intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud.

Notice to Oklahoma applicants: WARNING: Any person who knowingly, and with intent to injure, defraud or deceive any insurer, makes any claim for the proceeds of an insurance policy containing any false, incomplete or misleading information is guilty of a felony.

Notice to Pennsylvania applicants: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties.

Notice to Tennessee applicants: It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits.

Notice to Texas applicants: Any person who knowingly presents false information in an application for insurance or a life settlement contract is guilty of a crime and may be subject to fines and confinement in prison.

Notice to Vermont applicants: Any person who knowingly presents a false statement in an application for insurance may be guilty of a criminal offense and subject to penalties under state law.

Notice to Virginia and Washington applicants: It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits.

Notice to all other state applicants: Any person who knowingly includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties.

RPX Insurance Services, LLC is licensed as an agent/broker in the following states: Alabama (744550), Arizona (1018270), Arkansas (138608), California (0H74909), Colorado (394382), Connecticut (2456954), District of Columbia (2963759), Delaware (1329949), Florida (A141721), Georgia (846617), Hawaii (366439), Idaho (299354), Illinois (138608), Indiana (947782), Iowa (0000138608), Kansas (138608), Louisiana (622226), Maine (PRN47586), Maryland (2093880), Massachusetts (1954576), Michigan (0097483), Minnesota (40150270), Mississippi (10116369), Missouri (418087), Montana (100138324), Nebraska (100213264), Nevada (3148311), New Hampshire (2344234), New Jersey (01357740), New Mexico (232728), New York (1223890), North Carolina (1000214593), Ohio (1021303), Oklahoma (100194450), Oregon (100234941), Pennsylvania (694365), South Carolina (204790), Tennessee (0760081), Texas (1921080), Utah (483064), Vermont (643291), Virginia (132041), Washington (805682), and Wisconsin (0000138608).

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