Critical Date SearchThese terms govern prior-art searches and reports provided by Critical Date Search, a service of Keller Concepts ("we", "us"), and use of criticaldatesearch.com. "You" means the person or organization that engages us, and if you are counsel, the client you engage us for. A signed engagement letter, if any, controls over these terms where they conflict.
1. The service
We search for prior art relevant to the patent and claims identified in your order, and deliver a report containing references, dates, public-availability evidence and verbatim passages organized by claim element (the "Report"). An order may be placed by email. Scope, price and delivery target are confirmed in our written reply, which together with these terms forms the agreement.
2. Not legal advice
We are not a law firm and do not practice law. Reports contain search results only. They contain no opinions on validity, invalidity, infringement, enforceability, claim construction or litigation strategy, and nothing we provide creates an attorney–client relationship. You and your counsel are solely responsible for evaluating the Report and for every decision made using it.
3. Engagement through counsel
If outside or in-house counsel engages us on a client's behalf, we act as counsel's vendor, at counsel's direction, to assist counsel in anticipation of or during litigation or Patent Office proceedings. On request we will address the Report to counsel, mark it as prepared at counsel's direction, and limit distribution to the people counsel designates. We do not guarantee that any privilege or work-product protection will apply. That depends on the facts and the law.
4. How the work is done
Searches are performed by an AI research system operated by us. Before delivery, every quotation in a Report is machine-checked against the text of the cited document and page. Verification confirms that a passage appears as quoted at the cited location. It does not confirm that the passage discloses any claim element or supports any legal position.
5. Your responsibilities
You will give us accurate information about the patent, asserted claims and deadlines, and will tell us about anything you don't want processed by our AI service provider. You are responsible for any information you choose to send us.
6. Fees, invoicing and payment
- Fees are as published on our site at the time of order or as quoted in writing. They exclude any applicable taxes.
- We invoice on delivery. Invoices are due within 15 days, payable by the methods on the invoice.
- Unpaid amounts more than 30 days overdue may accrue interest at 1% per month, or the maximum lawful rate if lower, and we may suspend further work.
- Co-defendant and joint-defense prices apply only to the parties identified in the order.
7. Delivery and remedy
Delivery targets run from our written confirmation of scope. If we expect to miss one, we'll tell you before it passes. If a Report does not cover the agreed scope, or contains a quotation that does not appear at its cited location, tell us within 14 days of delivery. We will correct the Report promptly or, if we can't, cancel or refund the fee for it. This is your exclusive remedy for a non-conforming Report.
8. License
On payment, you receive a non-exclusive, perpetual, non-transferable license to use the Report in connection with the matter it was ordered for. That includes sharing it with your counsel, consultants, experts, insurers, co-defendants covered by your license, courts and the Patent Office. A joint-defense license extends the same rights to each identified member of the group. Copyright in the Report stays with us. Cited references remain subject to their owners' rights. Unless we agree in writing to exclusivity, we may license searches on the same patent to others.
9. Confidentiality
We will keep confidential the fact that you engaged us, your communications with us, and any non-public information you provide, and will use them only to perform the service. This does not apply to information that is public or independently obtained, or where disclosure is required by law. If disclosure is legally required, we will give you notice where permitted. Patents, prior art and our search results are not your confidential information.
10. Disclaimer
No search is exhaustive. Except as stated in section 7, Reports and the service are provided "as is", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and accuracy. We do not warrant that a Report will be sufficient for any purpose, or that relevant art does not exist beyond it.
11. Limitation of liability
To the fullest extent permitted by law, our total liability arising from or relating to any order is limited to the fees you paid for that order. Neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, settlements or litigation outcomes, even if advised of the possibility.
12. Indemnity
You will defend and indemnify us against third-party claims arising from your use of a Report or the information you provide to us, except to the extent caused by our breach of these terms.
13. Website use
Content on this site is for general information and is not legal advice. You may not scrape the site in a way that impairs it, attempt to disrupt its security, or misrepresent your affiliation with us.
14. General
- Independent contractor. We are an independent contractor. Nothing in these terms creates a partnership, agency or employment relationship.
- Force majeure. Neither party is liable for delays caused by events beyond its reasonable control.
- Governing law and venue. Oklahoma law governs these terms, without regard to its conflict-of-law rules. The state and federal courts located in Oklahoma have exclusive jurisdiction, and each party consents to them.
- Notices. Notices may be given by email to the addresses used for the order, or to eric@criticaldatesearch.com.
- Entire agreement. These terms, our written order confirmation and any signed engagement letter are the entire agreement. If a provision is unenforceable, the rest remains in effect. Neither party may assign the agreement without consent, except in a sale of its business.
- Changes. We may update these terms for future orders. The version in effect when you place an order applies to that order.
15. Contact
Keller Concepts (Critical Date Search), 10302 East 71st South #1008, Tulsa, OK 74133. eric@criticaldatesearch.com