TERMS OF SERVICE AGREEMENT (TOSA)

(Version as of 09/03/2001)

Preamble

WHEREAS, the National Inventor Fraud Center, Inc. provides free information for authorized Users.

WHEREAS, Users of this web site must fully agree to the TOSA before accessing, viewing, printing, downloading, distributing or otherwise utilizing this web site.

WHEREAS, both Authorized Users and Unauthorized Users of this web site that access, view, print, download, transmit, distribute or otherwise utilize the contents of this web site are subject to the basic TOSA unless agreed otherwise.

Terms

• "TOSA" shall mean the Terms Of Service Agreement.
• "User(s)" includes any person, entity or electronic device owned by a person/entity that accesses, views, prints, downloads, distributes or otherwise utilizes the contents of this web site whether in electronic or printed form.
• "NIFC" shall mean National Inventor Fraud Center, Inc.
• "Web Site(s)" shall include any information contained upon any web page of www.inventorfraud.com or any web site that mirrors the content of www.inventorfraud.com.
• "Invention Marketing Company" and "Invention Marketing Companies" shall mean any entity, person, organization, or association that provides invention services for inventors including but not limited to market research, invention marketing, invention promotion, or preparation of invention marketing materials.
• "Authorized User(s)" shall include but is not limited to inventors, entrepreneurs, consumers, government agencies, economic development agencies, patent searchers, and patent attorneys that do not otherwise qualify as an Unauthorized User.
• "Unauthorized User(s)" shall include but is not limited to residents and entities of Pennsylvania, and invention marketing companies including their respective officers, shareholders, employees, agents, attorneys, patent attorneys, patent agents, patent searchers, affiliates, associates, friends, relatives, franchisees, employees of a franchise, predecessors, and successors.

ACCEPTANCE OF TERMS. BY ACCESSING, VIEWING, PRINTING, DOWNLOADING, DISTRIBUTING, TRANSMITTING OR OTHERWISE UTILIZING 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 otherwise utilize this 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 INDEPENDENT LEGAL COUNSEL BEFORE AGREEING TO THE TOSA AND VIEWING THE NIFC WEB SITE.

NOTICES. The National Inventor Fraud Center, Inc. is owned by Neustel Law Offices, LTD which is an intellectual property law firm based in Fargo, North Dakota. Michael S. Neustel is a U.S. Registered Patent Attorney who owns Neustel Law Offices, LTD. The NIFC is not associated with any Federal or State government agency. Michael S. Neustel is licensed to practice law only in North Dakota and in the United States Patent & Trademark Office. Neither Michael S. Neustel nor the NIFC market inventions, provide market analyses or provide marketability analyses for inventors.

UNAUTHORIZED USERS. NO ACCESS TO THIS WEB SITE IS ALLOWED FOR UNAUTHORIZED USERS UNLESS PROVIDED EXPRESS PERMISSION BY THE NIFC AND/OR ITS ATTORNEYS. Unauthorized Users shall not access, view, print, download, distribute or otherwise utilize the contents of this web site whether in electronic or printed form. Authorized Users of the NIFC web site understand and agree not to provide any information (print, electronic, or other form) relating to the NIFC or the NIFC web site to an Unauthorized User.

WEB SITE PROTECTION. THE NIFC RESERVES THE RIGHT TO TAKE ANY ACTION THEY FEEL IS NECESSARY TO PROTECT THEIR INTERESTS SUCH AS BUT NOT LIMITED TO ELECTRONIC DEFENSIVE/OFFENSIVE TACTICS WITHOUT NOTICE TO USERS (AUTHORIZED AND UNAUTHORIZED) IF DEEMED NECESSARY BY THE NIFC IN ITS SOLE DISCRETION.

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 IMMEDIATELY REGARDING ANY QUESTIONS, ISSUES AND CONCERNS YOU MAY HAVE.

INVENTION MARKETING COMPANY. USER UNDERSTANDS AND AGREES THAT THIS WEB SITE IS NOT TO BE ACCESSED, VIEWED, PRINTED, DISTRIBUTED, DOWNLOADED OR OTHERWISE UTILIZED BY AN INVENTION MARKETING COMPANY, NOR THEIR OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, PATENT ATTORNEYS, PATENT AGENTS, PATENT SEARCHERS, AFFILIATES, FRANCHISEES AND SUCCESSORS. USER ACKNOWLEDGES AND AGREES THAT ACCESSING, VIEWING, PRINTING, DOWNLOADING, DISTRIBUTING OR OTHERWISE UTILIZING INFORMATION UPON THE NIFC WEB SITE BY AN INVENTION MARKETING COMPANY OR THEIR OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, PATENT ATTORNEYS, PATENT AGENTS, PATENT SEARCHERS, AFFILIATES, FRANCHISEES AND SUCCESSORS SHALL BE IN VIOLATION OF THE TERMS OF SERVICE AGREEMENT SUBJECT TO THE LIQUIDATED DAMAGES PROVISION BELOW FOR EACH INDIVIDUAL VIOLATION.

LIQUIDATED DAMAGES. USER UNDERSTANDS AND AGREES THAT IF USER IS IN VIOLATION OF ANY PROVISION OF THE TERMS OF SERVICE AGREEMENT, USER WILL MAKE A MINIMUM PAYMENT TO THE NIFC OF $25,000.00 (U.S. CURRENCY) AS LIQUIDATED DAMAGES FOR EACH INDIVIDUAL VIOLATION. USER DECLARES AND AGREES THAT THIS SUM SHALL, WITHOUT PROOF, BE DEEMED TO REPRESENT THE DAMAGES ACTUALLY SUSTAINED BY THE NIFC BY REASON OF SUCH VIOLATION ALONE. USER UNDERSTANDS AGREES THAT THE LIQUIDATED DAMAGES PAYMENT IS INTENDED TO BE, AND SHALL BE, CUMULATIVE, AND SHALL BE IN ADDITION TO EVERY OTHER REMEDY EXISTING AT THE TIME OF SAID VIOLATION OR THEREAFTER AT LAW OR IN EQUITY, OR BY STATUTE, AND SHALL NOT IN ANY WAY INTERFERE WITH ANY ADDITIONAL RIGHT OR REMEDY AVAILABLE TO THE NIFC. USER AGREES THAT THE LIQUIDATED DAMAGES ABOVE ARE REASONABLE AND WAIVES ANY OBJECTION TO THE APPLICATION OF SUCH LIQUIDATED DAMAGES.

JURISDICTION. USER 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. USER UNDERSTANDS AND AGREES NOT TO USE THIS SITE IF USER DEEMS ELECTRONIC COMMUNICATION AS CONSENT TO JURISDICTION IN ANY OTHER STATE. USER 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. USER UNDERSTANDS THAT THE INFORMATION ON THIS WEB SITE WAS PUBLISHED AND IS HOSTED IN THE JURISDICTION OF NORTH DAKOTA, MORE SPECIFICALLY FARGO, NORTH DAKOTA. USER ACKNOWLEDGES AND AGREES THAT ALL INFORMATION CONTAINED ON THIS SITE IS DEEMED �PUBLISHED� WHEN FIRST POSTED TO OUR WEB SERVER.

CONSENT TO JURISDICTION. USER 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 NIFC WEB SITE. USER AGREES THAT THIS CHOICE OF FORUM IS CONVENIENT AND WAIVES ANY OBJECTION TO THE SUBMISSION OF SUCH JURISDICTION.

ATTORNEY-CLIENT RELATIONSHIP. USER UNDERSTANDS AND AGREES THAT NO ATTORNEY-CLIENT RELATIONSHIP SHALL BE CREATED OR EXIST BETWEEN USER AND ANY AGENT, EMPLOYEE, OWNER OR OFFICER OF NEUSTEL LAW OFFICES, LTD OR THE NIFC BY MERELY VIEWING THIS WEB SITE. User understands that all communications through e-mail, telephone, or other means of communication to any agent, employee, owner or officer of NIFC may not be protected by the attorney-client privilege and therefore may be discoverable in a Court of law.

COMMUNICATIONS. User understands and agrees that NIFC is not obligated to respond to, review or retain unsolicited written or electronic communications received from any User without providing notice to User. User understands that the NIFC does not make statements about third-parties in response to private inquiries including but not limited to invention marketing companies and patent practitioners (i.e. the information on the web site is all the NIFC provides). User understands and agrees that NIFC may, in its sole discretion, respond to or discard such communications on a case by case basis. If User does not receive a response to a communication sent to NIFC within 2 hours, User is strongly advised to immediately seek legal counsel elsewhere.

�AS-IS� OF INFORMATION. USER UNDERSTANDS AND AGREES THAT THE SERVICE PROVIDED BY NIFC IS PROVIDED "AS-IS" AND THAT NIFC 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. NIFC may not regularly review materials posted on linked sites and does not necessarily endorse or sponsor the materials appearing on linked sites. NIFC may provide links to other World Wide Web sites or resources. Because NIFC has no control over such sites and resources, User acknowledges and agrees that NIFC 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. User further acknowledges and agrees that NIFC 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. USER EXPRESSLY UNDERSTANDS AND AGREES THAT:

1. YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. ALL INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NIFC 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.
2. NIFC 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.
3. 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 DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NIFC SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOSA.

LIMITATION OF LIABILITY. USER EXPRESSLY UNDERSTANDS AND AGREES THAT NIFC 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 NIFC 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.

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 NIFC, and its subsidiaries, affiliates, officers, employees, 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 NIFC and User 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. NATIONAL INVENTOR FRAUD CENTER, WWW.INVENTORFRAUD.COM, and the NIFC design logo are trademarks of NIFC (the "NIFC Marks"). Without NIFC's prior permission, you agree not to display or use in any manner, the NIFC Marks.

REPRODUCTION OF CONTENT. User understands that the content (including source code) upon the NIFC web site is protected by United States and International copyrights. User agrees not to reproduce, distribute, duplicate, retransmit, copy, sell, resell or exploit for any commercial or non-commercial purposes, any portion of the web site without the prior permission of the NIFC.

NO GRANT OF LICENSE. Nothing on this web site or on any NIFC 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 NIFC, its affiliates or any third party, whether by estoppel, implication or otherwise.

COPYRIGHTS AND COPYRIGHT AGENTS. NIFC 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 NIFC 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.

NIFC's Copyright Agent for Notice of claims of copyright infringement on is Michael S. Neustel who can be reached as follows:

GOVERNING LAW. The TOSA and the relationship between User and NIFC shall be governed solely 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 User and NIFC and governs the entire usage and viewing of the web site, superceding any prior agreements between User and NIFC. No subsequent alteration, amendment, change or addition to the TOSA shall be binding upon either party unless published upon the NIFC web site at http://www.inventorfraud.com/tos.htm.