part 3/ Please help me what are they saying ? are they saying that have right to my patent pending idea
New York, NY
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Posted about 1 year ago in Intellectual Property
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I agree that no obligation of any kind is assumed by or may be implied against you (including, without
limitation, any obligation to pay money) by reason of your receipt or potential or actual review of the Submitted Material or any discussions or negotiations I may have. Without limiting the foregoing, I specifically acknowledge and agree that (a) I do not and will not under any circumstances have or assert any so-called “idea submission” or similar claim against you, and (b) you are free to use (i.e., you will not owe me any money or other obligation for using) any portion of the submitted material. 7. I agree that any action, proceeding or litigation concerning this release or my appearance or participation in the Series may only be brought in Los Angeles County, California, and that, subject to the arbitration proceeding below, the courts of Los Angeles County, California, shall have exclusive jurisdiction over me and the subject matter of any such proceeding. I agree that any and all disputes or controversies arising under or relating to this release or any of its terms, including without limitation the applicability of this arbitration provision, any effort by any party to enforce, interpret, construe, rescind, terminate or annul this release, or any provision thereof, and any and all disputes or controversies arising under or relating to my possible appearance or participation in the Series, shall be resolved by binding arbitration conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), through its Los Angeles, California office. Any such arbitration shall be conducted by a single, neutral arbitrator, who shall also be a retired judge of a state or federal court, experienced in entertainment disputes, and selected from the AAA’s panel of arbitrators proffered by its Los Angeles, California office. If the parties cannot agree upon an arbitrator after good faith discussion, the arbitrator shall be chosen by the AAA pursuant to the requirements of this paragraph. I agree that the arbitrator’s ruling in the arbitration shall be final and binding and not Page 12 I hereby release you to the maximum extent allowed by law of and from any and all claims, costs, demands and liabilities of every kind whatsoever, known or unknown, that may arise in relation to the Submitted Material or by reason of any claim now or hereafter made by or through me or on my behalf (even though I realize that such might be based on facts or circumstances not now known or suspected by me to exist, which if known or suspected, would have materially affected our decision to enter into this agreement) that you have used or appropriated the Submitted Material. Without limiting the foregoing, I further expressly waive and release all rights to seek and/or obtain injunctive or other equitable relief (including rescission hereof) against you, in connection with this agreement and any exploitation of the Submitted Material and in connection with any other material, whether or not in whole or part identical with or similar to the Submitted Material. 10. I agree to defend and indemnify you and hold you harmless from and against all liability, actions, claims, demands, losses or damages (including attorneys’ fees and punitive damages) caused by or arising out of your use of the Submitted Material in any manner permitted by me herein, or as a result of any breach or alleged breach of any of my representations or warranties herein, including, but not limited to, those set forth in Paragraph 5, above. 11.
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please help asapwill sign the above agreement give up any of my right to my patent? Answers (2)Tawnya Ray Wojciechowski
This attorney is licensed in California.
Posted about 1 year ago.
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While it is somewhat confusing, it appears that you have been given an unsolicited idea submission agreement for a proposed disclosure by you of some new idea or product. There were several cases in the past that held companies liable for using ideas submitted to them by third parties. So the lawyers responded by having anyone that makes an unsolicited submission sign an agreement that recognizes that the company has no legal obligation to the submitter, and only if the company uses the information and enters into a formal license or royalty agreement will there be any legal obligations created between yourself and it.
This is general legal information and is not intended to be specific legal advice nor create any attorney/client relationship. You are recommended to seek out the assistance of competent intellectual property counsel. obbmy
Posted about 1 year ago.
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will sign the above agreement give up any of my right to my patent?
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