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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.
The Sample Inventor Contracts (Item# AGRE) is an electronic book (eBook),
in Adobe Acrobat .pdf format, which requires internet
access or a computer with a CD-ROM drive to use.
This is an agreement between Bay Area
Intellectual Property Group, a Nevada LLC (BAIP) and Viewer
("INVENTOR") for Sample Inventor Contracts that INVENTOR
has requested for BAIP to provide.
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INVENTOR and BAIP acknowledge that
BAIP cannot make the Sample Inventor Contracts available to INVENTOR until
INVENTOR executes this service agreement, and any required payment
is honored by the bank.
- Fees are only for the Sample Inventor Contracts. 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.
- The information provided in the Sample Inventor Contracts
does not replace legal advice from the appropriate licensed professional.
The information provided is for educational purposes only to help INVENTOR
prepare a draft agreement before consulting a practitioner. INVENTORS
USE OF THE Sample Inventor Contracts AND/OR BAIPS WEBSITE IS AT INVENTORS
SOLE RISK. The Sample Inventor Contracts and website is provided on an "AS
IS" and AS AVAILABLE basis. BAIP EXPRESSLY DISCLAIMS
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.
- While BAIP believes that the information in the Sample Inventor Contracts is accurate and safe, INVENTOR acknowledges that BAIP cannot
be held responsible or liable for the accuracy, completeness, timeliness,
reliability, availability, or accessibility of Sample Inventor Contracts 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 Sample Inventor Contracts 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.
Furthermore, 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 Sample Inventor Contracts; (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 Sample Inventor Contracts)
with BAIP service(s) and/or Sample Inventor Contracts; (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 Sample Inventor Contracts. Moreover, diligent effort has been made to
make sure that the information in this Sample Inventor Contracts is accurate
as of the date of original publication. However, INVENTOR should be
aware that laws, and legal precedence 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 Sample Inventor Contracts is by way of BAIP's determination
on the merits of INVENTOR's case. 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.
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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.
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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.
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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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