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order confirmation: PPA Kit with email support, item 1PP

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1. The scope of BAIP’s services shall be limited to delivering thePPA Kit and providing email support as prescribed in section 8. 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 and BAIP acknowledge that BAIP cannot make the PPA Kit available to INVENTOR until INVENTOR execute this service agreement, and any required payment is honored by the bank. 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.
3. Fees are only for BAIP’s PPA Kit Email Support service, and do not include any other related costs (e.g., USPTO, courier, copying, etc.). There are no additional fees if all communications are done electronically. Currently, the USPTO PPA filing fee is $80. 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.
4. License and No Conveyance: The PPA kit is only for personal use by the original purchaser, and may not be copied or made available to others without written consent from BAIP. If INVENTOR downloads the PPA Kit, INVENTOR’s use of that PPA Kit is subject to the terms of this agreement. Nothing contained in this agreement may be construed to convey to INVENTOR any interest, title, or license in the PPA Kit. BAIP, grants INVENTOR a personal, non-transferable and non-exclusive right and license to use the object code of the PPA Kit on a single computer; provided that INVENTOR does not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to disable access security measures and/or make the PPA Kit accessible to any third party, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the PPA Kit. INVENTOR agrees not to modify the PPA Kit in any manner or form, or to use modified versions of the PPA Kit, including (without limitation) for the purpose of obtaining unauthorized access to the PPA Kit by a third part. INVENTOR agrees not to access the PPA Kit by any means other than through the interface that is provided by Adobe Systems Inc.for use in accessing the PPA Kit.
5. The information provided in the PPA kit does not replace legal advice from the appropriate licensed professional. The information provided is for educational purposes only to help inventors learn background information or prepare a draft PPA before consulting a practitioner. INVENTOR’S USE OF THE PPA Kit AND/OR BAIP’S WEBSITE IS AT INVENTOR’S SOLE RISK. The PPA Kit 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 except the money back guarantee in section 10.
6. While BAIP believes that the information in the PPA kit is accurate and safe, INVENTOR acknowledges that BAIP cannot be held responsible or liable for the accuracy, completeness, timeliness, reliability, availability, or accessibility of PPA kit 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 PPA kit 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 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. Moreover, diligent effort has been made to make sure that the information in this PPA kit is accurate as of the date of original publication. However, INVENTOR should be aware that patent 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) BAIP’s money back guarantee as provided by section 10 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.
7. If INVENTOR does not provided BAIP a valid email address, or mail address and postage fee payment, INVENTOR waives its right to receive the free PPA Kit with the service(s) in section 8. The PPA kit is only for personal use by the original purchaser, and may not be copied or made available to others without written consent from BAIP. The information provided in the PPA kit does not replace legal advice from the appropriate licensed professional. The information provided is for educational purposes only to help inventors learn background information or prepare a draft PPA before consulting a practitioner.
8. BAIP’s “email support” level of service, item 1PP, consists solely of answering a reasonable quantity and nature of INVENTOR questions by email for a period of 3 weeks starting from the first email question received from INVENTOR. INVENTOR must make reasonable efforts to answer questions by reviewing information in the PPA Kit, and BAIP’s website prior to emailing BAIP any question. All questions must be directly related to preparing and filing a PPA to meet minimum legal requirements as defined in section 9. INVENTOR acknowledges that BAIP reserves the right, at any time after sending INVENTOR a warning, as provided by section 15, to terminate or limit service to INVENTOR should INVENTOR consistently not comply with the foregoing conditions. Service may be restored thereafter by INVENTOR again procuring the service level desired at the then prevailing rate.
9. The quality of an issued patent depends on some factors controlled by INVENTOR. Such factors include a prior-art search, and the ability of the INVENTOR to "teach," in a patent application, invention disclosure, and/or directly to a patent practitioner, how to make and use the invention and its differences from the prior art. There can be a vast difference between the quality of a "minimal cost" PPA and a well-prepared regular patent application; e.g., because claims are not prepared in a PPA, as opposed to regular patent applications, the scope and strength of INVENTOR’s future patent protection could be compromised. BAIP makes no promises or guarantees to INVENTOR about the outcome of INVENTOR's matter except as described in section 10. However, if INVENTOR follows the step-by-step instructions in the PPA kit, and follows BAIP’s feedback, if any, INVENTOR’s PPA is extremely likely to satisfy minimum legal requirements. “Minimum” means that at least INVENTOR’s exact invention may be legally claimed under 35 USC §112 (1) in the corresponding utility application.
10. MONEY BACK GUARANTEE: If INVENTOR prepares and files a PPA in accordance with all instructions provided by the PPA kit, and from BAIP, if any, BAIP guarantees that INVENTOR’s PPA will at least meet the legal minimum filing requirements, and will support at least one claim under 35 USC §112 (1) in a utility patent application receiving 35 USC §119 (e) priority to, and describing the same invention as in the PPA. Otherwise, BAIP will, at our discretion, either overcome the USPTO rejection free of charge, or refund INVENTOR’s purchase price upon receiving proof of purchase, a valid explanation of our error, and proof of USPTO refusal to accord INVENTOR’s PPA a filing date, or rejection of the utility application under 35 USC §112 (1) and that a registered patent practitioner was unable to draft a claim to overcome this rejection. In no event shall BAIP’s total liability to INVENTOR for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by INVENTOR for the PPA kit or supporting service(s) as set forth in section 8.
11. INVENTOR shall fully keep BAIP informed of all relevant facts and changes and INVENTOR's address and telephone number, cooperate with BAIP in pursuing the matter, and pay BAIP’s bills on time.
12. 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.
13. INVENTOR acknowledges that BAIP’s PPA kit related, flat-fee services are conditioned as described in this agreement, and should those conditions not be met by INVENTOR, BAIP will notify and wait for INVENTOR to correct all inadequacies. However, if BAIP, in good faith, determines INVENTOR cannot sufficiently correct inadequacies, BAIP may terminate work on INVENTOR’s case and charge INVENTOR for reasonable time spent on the case and refund the unused portion of the retainer, if any. Alternatively, BAIP, at its discretion, may request reasonable fees, e.g., flat-rate or hourly-rate fees, for BAIP to continue work on the case.
14. The PPA Kit and/or website may provide references to third parties and/or links to other World Wide Web sites or resources. Because BAIP has no control over such entities and/or sites and resources, INVENTOR acknowledges and agrees that BAIP 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 their parties, sites or resources. INVENTOR further acknowledges and agrees that BAIP will 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 third party, site or resource.
15. 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.
16. 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.
17. 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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