Purchased product instructions. They contained "binding" agreement. Is this binding?

[OldWest]

Is this contract binding?

My father and I were planning to build a product. We found several persons and companies that were creating a similar product. We've of course been doing all the research we can to prevent patent violations and the likes.

So today, we visited the web site of one of many of the competitors of this product, and the individual of this specific product offered a downloadable instruct on how their product was built with full detailed instructions. So we purchased this with a simple few click PayPal payment and within a few minutes received an email to our download - I will note their were NO indications of any binding agreement before or after the payment of the product.

So I opened the PDF and the first line read:

"Thank you for choosing our Product Plans. Purchasing these plans gives
you the right to build a maximum of two of the product for your own personal use. These plans are the sole property of My Panning and are not for resale. Sale of these plans in part or whole or the sale of the object in which they create is strictly forbidden. As with all my plans there are tons of pictures, showing almost too much detail."


So even though I did NOT agree to these terms, I am subject to them after the purchase?

This does not seem to make sense, but I am looking for any feedback possible on what the repercussions might be if I make 3 of them (since only allowed to make two according to this) or my design incorporates some of the parts of this (I already had a plan prior to this download anyhow).

[justalayman]

You are not bound by the agreement if you do not keep or use the information. If you retain the information sent and/or utilize it in anyway you will be bound by the agreement.

This does not seem to make sense, but I am looking for any feedback possible on what the repercussions might be if I make 3 of them (since only allowed to make two according to this) or my design incorporates some of the parts of this (I already had a plan prior to this download anyhow).

by retaining the information you are ratifying the agreement. You have no right to use any patented designs in your own products whether you keep the plans or not. You would be licensed to use them as stated and nothing more.

all this is based on the fact there was no prior notice of the terms of the agreement. If there was prior notice somewhere, you would be bound by whatever notice you were given.

[OldWest]

justalayman,

Thank you for your opinion on this matter.

I should note that none of the elements of this design are patented (I am understood that the patent information would be clearly noted on the documentation papers or otherwise on the web site which it is not). So I don't think that is a concern.

My main concern is some of the ideas of my original plan are nearly identical to his documents, so it appears I would be copying him intellectually if this matter even ever came to a courtroom.

It's my understanding if I trash the PDF doc (permanent delete), I can continue on about my business w/out concern.

I wish I never downloaded or purchased that PDF! I would have solved it on my own. And I certainly would have never downloaded it if I knew the terms and conditions within it.

[justalayman]

justalayman,

Thank you for your opinion on this matter.

I should note that none of the elements of this design are patented (I am understood that the patent information would be clearly noted on the documentation papers or otherwise on the web site which it is not). So I don't think that is a concern.

My main concern is some of the ideas of my original plan are nearly identical to his documents, so it appears I would be copying him intellectually if this matter even ever came to a courtroom.

It's my understanding if I trash the PDF doc (permanent delete), I can continue on about my business w/out concern.

I wish I never downloaded or purchased that PDF! I would have solved it on my own. And I certainly would have never downloaded it if I knew the terms and conditions within it.

if you use any of his patented items you would be guilty of infringement regardless of whether you actually copied him or not.

there is no requirement to indicate some particular portion of his design is patented. Your belief of such notice being required would be in error.

Since they likely have a record of you purchasing the PDF, it would appear you intentionally copied their ideas. Not a good place to be if sued.

[OldWest]

Thanks for the information.

I feel like I was booby trapped. Does not seem like fair justice, but I guess I learned even if I read a document I am bound to it regardless to signature, prior agreement of any kind or any knowledge of such bindings before purchase. I would have never purchased the doc had I known of such "agreement". Seem backwards to me. I could see how a jury or judge could find me guilty that I had the doc.

I understand you on the patent. I think its safe to assume the design is patented - at least smarter to lean that way.

Oh and I did not use my legal name when I made the purchase. Don't think I legally have to give that to any merchant.

I think I need to design something distinctly different than this now. Back to the hell drawing board.