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Terms of Service Agreement
"Website" includes any information contained in, or
accessible from, http://www.bayareaip.com or other mirror websites
"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.
The scope of BAIPs 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 INVENTORs PPA and/or
any nonprovisional patent application, even if BAIP prepares, modifies,
and/or files INVENTOR's PPA on behalf of INVENTOR.
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.
INVENTOR and BAIP acknowledge that
BAIP cannot provide any consultation services until INVENTOR executes
this service agreement.
- 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.
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.
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 INVENTORs 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 BAIPs
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.