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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.
"PPA" - Provisional Patent Application.

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.

1. The scope of BAIP’s services shall be limited to a free consultation regarding INVENTOR's patent options. 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.
2. INVENTOR understands and agrees that all information transactions and/or consultations between INVENTOR and the firm are strictly for informational purposes and do not constitute any sort of legal relationship. Such consultations are performed under the ethics guidelines of 37 CFR § 10.31, 10.32, and 10.33 . Until the INVENTOR and BAIP execute a service agreement for patent services, and any required retainer payment is honored by the bank, INVENTOR is not a client of the BAIP.
3. INVENTOR and BAIP acknowledge that BAIP cannot provide any consultation services until INVENTOR executes this service agreement.
4. INVENTOR and BAIP acknowledge that the length of time, substance, and nature of the free consultation are determined by and are under the full discretion BAIP, whereby BAIP may terminate and/or limit the consultation as BAIP sees fit.
5. 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 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. 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 PPA kit 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.
6. 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.
7. 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.
8. 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.
9. 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.