Basic U.S. Patent Search, Pro Terms of Service Agreement -- Patent Information, Patents, Search, and Invention Development

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Basic U.S. Search, Pro Terms of Service confirmation

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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.
"Basic prior-art search" consists of a U.S. Patent prior-art search conduced by way of the United States Patent and Trademark's (USPTO) patent database.
"Search Report" consists of a search results, which includes identifying information of prior-art references found during the prior-art search procured by Viewer.
"Invention disclosure document" is a written document that sufficiently describes the invention and related contextual information which is the subject of a basic prior-art search.
"PPA" - Provisional Patent Application.

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

The scope of BAIP’s services shall be limited performing a basic United States (U.S.) prior-art patent search ("Basic Search") , and delivering to INVENTOR the corresponding Search Report. 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 advises INVENTOR that INVENTOR's invention is believed to be patentable and/or BAIP later prepares, modifies, and/or files INVENTOR's PPA on behalf of INVENTOR. Moreover, INVENTOR and BAIP acknowledge that that neither of submitting this form with or without subsequent payment, nor submitting invention disclosure(s), nor receiving an initial consultation, nor communicating by phone or email creates an attorney/agent-client relationship. All acts under this agreement are understood not to create an attorney/agent-client relationship and, therefore, are not an attorney/agent-client communication.
INVENTOR and BAIP acknowledge that BAIP cannot begin the Basic Search for INVENTOR until INVENTOR executes this service agreement, any required payment is honored by the bank, and INVENTOR provides BAIP with a written invention disclosure document. 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.
Fees are only for BAIP’s Basic Search service, and do not include any other related costs (e.g., courier, copying, etc.). There are no additional fees if all communications are done electronically. 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; BAIP shall impose a $40 returned check charge.
BAIP certifies that only a Registered Patent Agent possessing at least a Masters in Electrical and Computer Engineering shall perform the Basic Search for INVENTOR.
FLAT RATE FEE. INVENTOR and BAIP acknowledge that the flat-fee, Basic Search service of this agreement is only for simple inventions, of relatively low complexity. INVENTOR and BAIP acknowledge that BAIP, generally, has a fix amount of time allotted for performance of the Basic Search, thus the flat-rate. Higher complexity inventions require more time and expertise to perform an effective prior-art Patent Search, whereby, the Basic Search level of service may result in substantially less quality search results. BAIP initially, in good faith, assumes INVENTOR has properly assessed the relative complexity INVENTOR's invention. However, if the actual invention complexity, as determined by BAIP, is deemed to be significantly higher than a relatively low complexity invention, BAIP shall notify INVENTOR, and offer INVENTOR the option of either paying the difference between the appropriate flat-rate patent searching service, or to have BAIP spend the time allotted for performance of the Basic Search.
INVENTION DISCLOSURE. INVENTOR shall supply BAIP with a written disclosure document before BAIP will conduct the Basic Search. Furthermore, INVENTOR agrees that the quality of a prior-art search depends on some factors controlled by INVENTOR. Such factors include the ability of INVENTOR to "teach," in a written disclosure document submitted to BAIP, how to make and use the invention sufficiently to identify the similarities to and differences from the prior art. If INVENTOR's written invention disclosure is in error, or otherwise insufficient, BAIP cannot be held responsible or liable for the corresponding faulty Search Report delivered by BAIP, and INVENTOR agrees to accept such a faulty Search Report as performance of the Basic Search service procured by INVENTOR according to this agreement, when the report is based INVENTOR's inadequate or inaccurate written invention disclosure.
PROPRIETARY MATTER. All materials and information related to the invention disclosed by INVENTOR to BAIP, including written and verbal descriptions, samples, drawings, photos, recordings, and videos, as identified by INVENTOR's signed invention disclosure shall be accepted, and confirmed received, by BAIP under the terms of any confidentiality agreement entered between BAIP and INVENTOR, and the following conditions: a) the information contained or identified in the invention disclosure shall be used by BAIP solely for purposes requested, or authorized by INVENTOR. b) BAIP shall exercise best efforts to diligently safeguard INVENTOR's proprietary matter (i.e., nonpublic knowledge) from unauthorized access by others persons. c) BAIP shall only copy INVENTOR's proprietary matter as needed for work requested by INVENTOR. d) BAIP will return INVENTOR's proprietary matter, including any copies, to INVENTOR after BAIP receives such a request in writing by INVENTOR. e) The nondisclosure terms herein shall not apply to any information which BAIP can document has become part of the general public knowledge through no fault of BAIP, or after publication by a patent office disclosing the PROPRIETARY MATTER.
SEARCH LIMITATIONS. The Basic Search does not cover: a) unpublished pending patents, which are not available for searching, b) foreign patents, c) non-patent publications, and d) expired patents. Furthermore, due to the complexity of patent prior-art searching, BAIP does not make any guarantee of results including the accuracy and/or comprehensiveness of any prior-art search.
WARRANTY. The information provided in the Search Report is for informational purposes only, indicating, at best, the general nature of the U.S. Patent prior-art. INVENTOR’S USE OF THE Search Report AND/OR BAIP’S WEBSITE IS AT INVENTOR’S SOLE RISK. The Search Report and website are 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, and FITNESS FOR A PARTICULAR PURPOSE.
While BAIP believes that the information in the Search Report, and/or Patentability Opinion is accurate and safe, INVENTOR acknowledges that BAIP cannot be held responsible or liable for the accuracy, completeness, timeliness, reliability, availability, or accessibility of Search Report, and/or Patentability Opinion 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 Search Report, and/or Patentability Opinion 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 Search Report, and/or Patentability Opinion; (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 Search Report, and/or Patentability Opinion) with BAIP service(s) and/or Search Report, and/or Patentability Opinion; (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 Search Report, and/or Patentability Opinion. INVENTOR should be aware that USPTO 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 Search Report, and/or Patentability Opinion is by way of: (1) BIAP'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.
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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