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Terms of Service Agreement

DEFINITIONS. "Viewer" includes any individual or entity that views, prints, distributes or otherwise uses the contents of this web site whether in electronic or printed form. "PatentWizard" shall mean PatentWizard, LLC. "Web Site" shall include any information contained upon www.patenthunter.com or any web site that mirrors the content of any web page on www.patenthunter.com.

NOTICE OF OWNERSHIP. PatentWizard, LLC is wholly owned by Neustel Law Offices, LTD which provides intellectual property services for inventors and businesses. Neustel Law Offices, LTD is wholly owned by Michael S. Neustel who is a U.S. Registered Patent Attorney and licensed with the State Bar Association of North Dakota.

ACCEPTANCE OF TERMS. BY ACCESSING AND USING THIS WEB SITE, YOU ACCEPT, AGREE TO AND WILL BE DEEMED TO BE BOUND BY THE CURRENT VERSION OF THE TOSA PUBLISHED ON THE WEB SITE. If you do not agree to be bound by the Terms, you are not to view, print, distribute, or utilize the web site. You hereby acknowledge that any reliance upon any content, information or other material on this web site shall be at your sole risk. YOU ARE TO SEEK OUTSIDE LEGAL COUNSEL BEFORE AGREEING TO THE TOSA.

NOT LEGAL ADVICE. The materials on this website are intended to provide general information and should not be relied upon for specific legal advice. Legal counsel should be consulted regarding questions and issues of protection or infringement of rights, so as to avoid possible loss of rights or infringement of the rights of others.

JURISDICTION. Viewer understands and agrees that use of this web site is not intended to and does not create jurisdiction in any state or country other than North Dakota of the United States of America. Viewer understands and agrees not to use this site if Viewer deems electronic communication as consent to jurisdiction in any other state. Viewer further understands and agrees that the information on this site is not directed towards any specific jurisdiction other than North Dakota of the United States of America. Viewer understands that the information on this web site was published and is hosted in the jurisdiction of North Dakota, more specifically Fargo, North Dakota. Viewer acknowledges and agrees that all information contained on this site is deemed “published” when first posted to our web server.

CONSENT TO JURISDICTION. VIEWER CONSENTS TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS LOCATED WITHIN THE COUNTY OF CASS, NORTH DAKOTA U.S.A., REGARDING ANY AND ALL DISPUTES RELATING TO THIS AGREEMENT OR ANY PATENTWIZARD WEB SITE. USER AGREES THAT THIS CHOICE OF FORUM IS CONVENIENT AND WAIVES ANY OBJECTION TO THE SUBMISSION OF SUCH JURISDICTION.

ATTORNEY-CLIENT RELATIONSHIP. Viewer understands and agrees that no attorney-client relationship shall be created or exist between Viewer and any agent, employee, owner or officer of PatentWizard BY MERELY VIEWING THIS WEB SITE. Viewer understands that all communications through e-mail, telephone, or other means of communication to any agent, employee, owner or officer of PatentWizard may not be protected by the attorney-client privilege and therefore may be discoverable in a Court of law.

COMMUNICATIONS. Viewer understands and agrees that PatentWizard is not obligated to respond to, review or retain unsolicited written or electronic communications received from any Viewer without providing notice to Viewer. Viewer understands and agrees that PatentWizard may, in its sole discretion, respond to or discard such communications on a case by case basis. If Viewer does not receive a response to a communication sent to PatentWizard within 2 hours, Viewer is strongly advised to immediately seek legal counsel elsewhere.

"AS-IS" OF INFORMATION. VIEWER UNDERSTANDS AND AGREES THAT THE SERVICE PROVIDED BY PATETWIZARD IS PROVIDED "AS-IS" AND THAT PATENTWIZARD ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR THE FAILURE TO STORE, UPDATE, OR PROVIDE ANY CONTENT OR OTHER SUBJECT MATTER ON THIS SITE. Information on this web site may contain inaccuracies or typographical errors. Information may be changed or updated without notice. Since laws sometimes change, the information on this web site is not guaranteed to be accurate. There is no guarantee that the information on this web site is current or complete.

EXTERNAL LINKS. PatentWizard may not regularly review materials posted on linked sites and does not necessarily endorse or sponsor the materials appearing on linked sites. PatentWizard may provide links to other World Wide Web sites or resources. Because PatentWizard has no control over such sites and resources, Viewer acknowledges and agrees that PatentWizard is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. Viewer further acknowledges and agrees that PatentWizard shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

DISCLAIMER OF WARRANTIES. VIEWER EXPRESSLY UNDERSTANDS AND AGREES THAT:

a.YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. ALL INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PatentWizard 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.
 
b. PATENTWIZARD MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE.
 
c.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL.
 
d.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PatentWizard SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOSA.

LIMITATION OF LIABILITY. VIEWER EXPRESSLY UNDERSTANDS AND AGREES THAT PATENTWIZARD SHALL NOT BE LIABLE FOR ANY DIRECT, 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 PATENTWIZARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (iv) ANY OTHER MATTER RELATING TO THE WEB SITE. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, PATENTWIZARD SOFTWARE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.

EXCLUSIONS AND LIMITATIONS. 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 MAY NOT APPLY TO YOU.

INDEMNITY. You agree to defend, indemnify and hold PatentWizard, and its subsidiaries, affiliates, officers, employees, owner, agents, co-branders, or other partners, harmless from any action, claim, proceeding, demand, cost or expense, including reasonable attorneys' fees, from a third party due to or arising out of your use of the web site, your violation of the TOSA, or your violation of any rights of another.

BINDING ARBITRATION. Any controversy or claim arising out of or relating to the web site or the TOSA, or the breach thereof, between PatentWizard and Viewer shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association in Fargo, North Dakota. The judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

TRADEMARK INFORMATION. PatentWizard, the PatentWizard design logo, PatentHunter, and the PatentHunter design logo are trademarks of PatentWizard, LLC (the "PatentWizard Marks"). Without PatentWizard's prior permission, you agree not to display or use in any manner, the PatentWizard Marks.

COPYRIGHTS AND COPYRIGHT AGENTS. PatentWizard respects the intellectual property of others, and we ask all Viewers and contributing writers to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PatentWizard with the following information:
  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. a description of the copyrighted work that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the site;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
PatentWizard’s Copyright Agent for Notice of claims of copyright infringement on is Michael S. Neustel who can be reached as follows:
Michael S. Neustel
PatentWizard, LLC
2534 South University Drive, Suite # 4
Fargo, North Dakota 58103
REPRODUCTION OF CONTENT. Viewer understands that the content upon the PatentWizard web site is protected by United States and International copyrights. Viewer agrees not to reproduce, distribute, duplicate, retransmit, copy, sell, resell or exploit for any commercial purposes, any portion of the web site without the prior permission of PatentWizard. Notwithstanding the foregoing, PatentWizard grants the right to download web site materials for personal non-commercial use.

NO GRANT OF LICENSE. Nothing on this web site or on any PatentWizard site, or your use of the web site, shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of PatentWizard, its affiliates or any third party, whether by estoppel, implication or otherwise.

OTHER NOTICES. Viewer must read, understand and acknowledge the following limitations prior to proceeding with the PatentHunter program.

(a) VIEWER UNDERSTANDS AND ACKNOWLEDGES THAT THE PATENTHUNTER SOFTWARE PROGRAM IS NOT DESIGNED TO DOWNLOAD ALL AVAILABLE PATENTS IN THE WORLD. VIEWER SHOULD REVIEW WWW.PATENTHUNTER.COM FOR INFORMATION RELATING TO THE AVAILABILITY OF PATENTS TO DOWNLOAD.
 
(b) Viewer understands that PatentWizard, LLC is wholly owned by Neustel Law Offices, LTD which is wholly owned by Michael S. Neustel (U.S. Registered Patent Attorney).
 
(c) Viewer understands that Neustel Law Offices, LTD and Michael S. Neustel provide patent services for inventors such as patent searches, patentability opinions, patent application reviews, and patent application drafting services.
 
(d) Viewer understands that all purchases are NON-REFUNDABLE and that all purchases are made final upon receipt of the Order Form by PatentWizard, LLC unless stated otherwise upon the web site at the time of the purchase.
 
(e) Viewer understands and acknowledges that they should consult with a Registered Patent Attorney if they have any legal questions.
 
(f) Viewer understands that they should review the Frequently Asked Questions section (http://www.patenthunter.com/htmls/faq.shtml) of this web site prior to utilizing PatentHunter software.
 
(g) Viewer has read and understands the User License Agreement (http://www.patenthunter.com/htmls/license.shtml) prior to purchasing, downloading or installing the PatentHunter software.
 
(h) Viewer understands that the usage of PatentHunter requires an Internet connection through one or more third-parties not associated with PatentWizard such as but not limited to telephone companies and internet service providers (ISP). Viewer may have to pay Internet connection fees to one or more of these third-parties based upon their agreement with the third-parties. PatentWizard strongly encourages Viewer to read their agreements with third-parties prior to utilizing PatentHunter.
 
(i) Viewer understands that PatentHunter downloads .tiff image files directly from the United States Patent & Trademark Office (USPTO) web site (www.uspto.gov). Viewer understands and agrees that PatentWizard shall not be responsible for the data content from the USPTO web site or disruptions of service to the USPTO web site.
 
(j) Viewer understands that to fully utilize PatentHunter that ADOBE ACROBAT® or other PDF viewer must be installed upon their computer.

ACCESS/USE CHARGES. PATENTHUNTER accesses the United States Patent and Trademark Office (USPTO) website and the European Patent Office (EPO) website over the Internet to obtain the patent information. Use of PATENTHUNTER may result in access or use charges or fees in the following circumstances, which are out of the control of DEVELOPER:

(a)Internet Access Fees;
 
(b)Long distance telephone charges (if USER accesses the Internet or a network over a phone line);
 
(c)Printing, copying, or reproduction charges, fees, or costs;
 
(d)The USPTO changes, amends or modifies its current policy and charges fees or restricts access to patent data;
 
(e)Charges for computer use (if USER rents a computer or other electronic device); and
 
(f)Utility costs associated with the operation of computer or electronic equipment.

USPTO DATABASE ACCESS. You should not submit unreasonable loads upon the USPTO web site by submitting an unreasonable number of search and/or download requests. It is important to realize that the usage of PatentHunter may result in the blockage of your access to the USPTO records by the USPTO if you exceed certain USPTO guidelines. The following is a notice from the USPTO web site (February 18, 2004): “These databases are intended for use by the general public. Due to limitations of equipment and bandwidth, they are not intended to be a source for bulk downloads of USPTO data. Bulk data may be purchased from USPTO at cost (see the USPTO Products and Services Catalog). Individuals, companies, IP addresses, or blocks of IP addresses who, in effect, deny service to the general public by generating unusually high numbers (1000 or more) of daily database accesses (searches, pages, or hits), whether generated manually or in an automated fashion, may be denied access to these servers without notice.” If you are having problems accessing patent data from the USPTO web site, please see http://www.uspto.gov/patft/access.html which provides information on how to reinstate access.

CUSTOMER SUPPORT. There are free answers to frequently asked questions at http://www.patenthunter.com/htmls/faq.shtml. For individuals/entities with a valid subscription to PatentHunter, there is no charge for customer support.

GOVERNING LAW. The TOSA and the relationship between Viewer and PatentWizard shall be governed by the laws of the State of North Dakota without regard to its conflict of law provisions.

SECTION TITLES OF TOSA. The section titles in the TOSA are for convenience only and have no legal or contractual effect.

ENTIRE AGREEMENT. The TOSA constitutes the entire agreement between Viewer and PatentWizard and governs the entire usage and viewing of the web site, superseding any prior agreements between Viewer and PatentWizard. No subsequent alteration, amendment, change or addition to the TOSA shall be binding upon either party unless published upon the PatentHunter web site at www.patenthunter.com/htmls/tosa.shtml.