PPA Filing Service Terms of Service Agreement -- Patent Information, Patents, Search, and Invention Development

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Terms of Service Agreement

DEFINITIONS.
"Website" includes any information contained in, or accessible from, http://www.bayareaip.com or other mirror websites thereof.
"Viewer" includes any entity or person that, in electronic or physically printed form, views, prints, copies or otherwise manipulates information contained on this website.
"USPTO" - United States Patent and Trademark Office.

This is an agreement between Bay Area Intellectual Property Group, a Nevada LLC (“BAIP”) and Viewer ("INVENTOR") for patent services that INVENTOR has retained BAIP to provide.

The scope of BAIP’s services shall be limited to Filing INVENTOR's PPA. In particular, BAIP is not a 37 CFR §1.31 representative before the USPTO, and INVENTOR is completely responsible and liable for meeting all legal bar dates and applying for and prosecuting INVENTOR’s PPA and/or any nonprovisional patent application, even if BAIP prepares, modifies, and/or files INVENTOR's PPA on behalf of INVENTOR.
Fees are only for BAIP’s PPA Filing service, and do not include any other related costs (e.g., USPTO, courier, copying, etc.). INVENTOR agrees to pay for any work or product ordered, and that all orders are irrevocable, and that failure to pay within 15 days of when promised shall be breach and accept judgment on the basis of that breach; 9.5% plus APR shall be charged on all fees over 15 days late. BAIP maintains no obligation to perform additional work once the order has been completed. Additional charges may include, but are not limited to: copying, mailing, faxing, telephoning. BAIP shall impose a $40 returned check charge.
INVENTOR and BAIP acknowledge that BAIP cannot file INVENTOR's PPA until INVENTOR execute this service agreement, and any required payment of our fees is honored by the bank. The payment shall be deposited in BAIP’s bank account and will be used to pay BAIP’s fees, charges, and expenses incurred in connection with the services rendered hereunder. INVENTOR and BAIP further acknowledge that BAIP cannot file INVENTOR's PPA until INVENTOR additionally provides for payment of the USPTO PPA filing fee. If INVENTOR makes such payment directly to BAIP, BAIP will both pay the USPTO PPA filing fee and file the PPA on behalf of INVENTOR after all such payments are honored by the bank. If, alternatively, INVENTOR make pays the USPTO PPA filing fee directly to the USPTO (e.g., a check submitted to BAIP but payable to the USPTO), BAIP will both submit INVENTOR's any payment(s) to the USPTO filing fee and file the PPA on behalf of INVENTOR after all payments required and payable to BAIP are honored by the bank. If required payments as prescribed in this section are not received and/or honored by the bank, BAIP will provide you notice in accordance with section 8 and wait for INVENTOR's payment. There are no additional fees if all communications are done electronically. Currently, the USPTO PPA filing fee is $80.
BAIP's PPA Filing service assumes INVENTOR provides BAIP an electronic PPA readable in Microsoft Windows. INVENTOR acknowledges that BAIP may, at its discretion, file INVENTOR's PPA by electronic or conventional means. If INVENTOR submits to BAIP a non-electronic PPA (e.g., without limitation, a paper hard copy) without sufficient payment to cover the next-day US Postal Service's 'Post Office to Addressee Service' delivery fee, BAIP may, at its discretion file INVENTOR's PPA by regular mail, or give notice, as prescribed in section 8, to INVENTOR and wait for the required payment and/or instructions from INVENTOR. Although BAIP makes all reasonable best efforts to file PPA applications according to industry standard practice, rare situations may arise, whether by a party's action, inaction, and/or miscommunication, where the filing of INVENTOR's PPA is delayed beyond a reasonably expected amount of time; however, INVENTOR EXPRESSLY UNDERSTANDS AND AGREESs that in NO CASE SHALL BAIP BE HELD LIABLE OR RESPONSIBLE FOR ANY KIND OF DAMAGES IN CONNECTION WITH FILING INVENTOR's PPA, INCLUDING (WITHOUT LIMITATION) MATTERS RELATED TO THE PPA'S FILING DATE ACCORDED BY THE USPTO. This disclaiming of liability is expressly conditioned by the provisions section 5.
While BAIP believes that the information in the PPA kit is accurate and safe, INVENTOR acknowledges that BAIP cannot be held responsible or liable for the accuracy, completeness, timeliness, reliability, availability, or accessibility of PPA kit content (including, but not limited to, transmission, transmission methods, or manipulation of the information) accessed or received by inventor. All responsibility and/or liability for any damages caused by corruption, viruses, and etcetera contained within the electronic files of the PPA kit are disclaimed. No advice, information, or work product whether oral or written, performed on behalf of, or obtained by inventor from BAIP will create any warranty not expressly stated in this agreement. INVENTOR expressly understands and agrees that BAIP will not be liable to inventor for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if BAIP has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use BAIP service(s), website, and/or PPA kit; (b) the cost of procurement of substitute goods and/or service(s) resulting from any goods, data, information or service(s) purchased; (c) unauthorized access to or alteration of inventor’s transmissions or data; (d) failure to insure the compatibility of inventor’s system (i.e., the equipment, devices, and software that inventor provide to receive BAIP service(s) and/or PPA kit) with BAIP service(s) and/or PPA kit; (e) action or inaction by third party service provider(s) that BAIP relies upon (e.g., without limitation, online payment service(s), web hosting, and the us postal service); or (f) any other matter relating to BAIP service(s), website, and/or PPA kit. Moreover, diligent effort has been made to make sure that the information in this PPA kit is accurate as of the date of original publication. However, inventor should be aware that patent fees, laws, rules, and USPTO procedures frequently change. INVENTOR should validate that all information inventor uses is accurate. INVENTOR’s sole remedy and exclusive remedy for any dispute with BAIP in connection with BAIP service(s) and/or PPA kit is by way of: (1) BAIP's determination of the validity of inventor's dispute, and resolution thereof, if any; or (2) the USPTO’s complaint resolution procedure, which may result in a full refund of our fees in connection with the complaint. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of this section may not apply to inventor.
INVENTOR shall fully keep BAIP informed of all relevant facts and changes and INVENTOR's address and telephone number, cooperate with BAIP in pursuing the matter, and pay BAIP’s bills on time.
INVENTOR is informed that BAIP may represent or provide consultation to Clients that have products and/or businesses that generally may have activities in the field of INVENTOR’s invention and/or may compete with INVENTOR in certain business lines. By signing this agreement, INVENTOR waives any potential conflicts that INVENTOR may have with BAIP’s consultation or representation of such Clients and agrees that BAIP may continue to work with such Clients in any way that does not directly technically conflict with the specific work that is being undertaken pursuant to this agreement.
NOTICE: Notices to INVENTOR may be made via either email or regular mail. BAIP may also provide notices of general matters by sending email, or by posting material on http://www.bayareaip.com. Notices by INVENTOR to BAIP must be given by calling: 1-415-515-3005; LEGAL NOTICES must be given by letter delivered by first class US mail to Bay Area IP, P.O. Box 210459, San Francisco CA, 94121-0459.
We do not anticipate having any disagreements with INVENTOR about the quality, cost or appropriateness of our product or services, but if any concerns about these matters arise, please notify us immediately. We would endeavor to resolve any disagreements in a fair and amicable manner. If, for some reason, we were not able to resolve any disputes ourselves, the parties will try in good faith to settle it through mediation conducted by a mediator to be mutually selected. The parties will share the costs of the mediator equally. Each party will cooperate fully and fairly with the mediator and will attempt to reach a mutually satisfactory compromise to the dispute. If the dispute is not resolved within 30 days after it is referred to the mediator, it will be arbitrated by an arbitrator to be mutually selected. Judgment on the arbitration award may be entered in any court that has jurisdiction over the matter. Costs of arbitration, including lawyers' fees, will be allocated by the arbitrator.
The validity, interpretation, and performance of this Agreement will be controlled and construed under the laws of the State of Nevada. Venue in any action in law or equity arising from the terms of this Agreement shall be the court of appropriate jurisdiction nearest to Reno and within Nevada. Any and all clauses, or parts of this Agreement found by a court of law to be unenforceable shall not affect the enforceability of the rest of this Agreement.

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