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PATENT.INFO PRO MEMBERSHIP AGREEMENT


1. General

Dr. Patentstein, PATENT.INFO, and the PATENTSEARCHERS.NET are departments of Da Vinci Partners LLC, together referred to herein as "PATENT.INFO". Da Vinci Partners’s sole purpose in operating PATENT.INFO is to provide intellectual property software products and services to its users. This Patent.info Pro Membership Agreement (PPMA) sets forth the terms and conditions governing your provision of services to our client users. Your application for membership as a searcher on our site confirms your agreement to the terms and conditions outlined in this PPMA.

2. PATENT.INFO SEARCHER CREDO

TO PROVIDE THE CLIENT WITH THE PATENT INFORMATION HE NEEDS TO MAKE INFORMED STRATEGIC DECISIONS. TO MAINTAIN THE CLIENT’S CONFIDENTIAL INFORMATION ABSOLUTELY CONFIDENTIAL. TO CHARGE A FAIR PRICE FOR EXCEPTIONAL SERVICES.

We believe that putting our clients best interest ahead of our own personal interests will result in the development of client loyalty and thus significantly increase the likelihood of more business from the client now and in the future.

3. Professionalism

Much of the content in the PATENT.INFO web site is provided by you. PATENT.INFO is not responsible for your content, nor is PATENT.INFO responsible for the completeness or accuracy of your content. In certain instances, you add your own content to the site, as, for example, with annotations to shared work files, which may be accessed by other users, whether other searchers or clients. You agree to use discretion and professionalism in the selection of content or links to other sources.

4. Registration

In order to access certain portions of our web site and purchase the products and services available on our site, you must register with PATENT.INFO by completing the registration form that applies to you. If you do not register, you may not be able to access our entire site. By registering, whether as a client, searcher, researcher, academic or attorney, you agree to comply with the terms and conditions of your registration form as well as this PPMA.
  1. You must be old enough to enter into valid contracts--Suspension

    Valid registration on our web site is limited to persons who are eligible to enter into contracts under applicable law. This means that you must be 18 years of age or older for your registration with our web site to be valid. PATENT.INFO reserves the right to reject or suspend your application to become a registered user, should we learn that you are not old enough to enter into valid contracts. At any time, PATENT.INFO reserves the right to suspend user privileges and block access of any registered user who violates this PPMA.

  2. Your ID is for your own use only

    You agree to take reasonable measures to ensure that no other person uses your PATENT.INFO account. In fact, it is imperative that only you use your account as it is you and only you that has agreed to terms and conditions that provide our client with confidence in our services. Therefore, you may not transfer your User ID to anyone else. As a searcher, you agree that your permitting others to use your account justifies your permanent expulsion from the PATENTSEARCHERS.NET, notwithstanding any financial hardships this may cause you.

  3. You will be truthful at all times

    You promise to PATENT.INFO and its clients that the information contained in your registration form is complete and accurate, and that you will update such information as circumstances require. You affirm that all statements you made in the searcher’s registration of your own knowledge are true, all statements made therein on information and belief are believed to be true, and all statements made therein are made with the knowledge that whoever, in any matter knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be subject to the penalties of perjury set forth under 18 U.S.C. 1001 of US Law.

  4. Information for internal use only

    PATENT.INFO shall keep all information you provide to PATENT.INFO confidential and private in accordance with our privacy policy. See www.patentinfo.net/patentsearchersnet/privacy.asp to review our privacy policy.


5. Verification

As a searcher, you agree, from time to time, to submit yourself to reasonable background checks, after notice from PATENT.INFO, in our legitimate effort to ensure our clients of the integrity of our searcher network.


6. Client Contact and Control

You affirm that you are performing work for clients of Da Vinci Partners on behalf of Da Vinci Partners LLC and that PATENT.INFO has control of the client relationship. Therefore, you will not use the web site in an effort to solicit direct clients, but will respect the fact that the client is the responsibility of Da Vinci Partners. Further, although you may register using different pseudonyms (nicknames/nom de plume), you will not knowingly use your legal name as your pseudonym and will refrain from any attempts to make direct contact with our clients. You acknowledge that PATENT.INFO has full discretion to exclude you from this network or from web site access if, in PATENT.INFO’S sole judgment, you are misusing this web site. Specifically, you agree that PATENT.INFO can either suspend you or withold any payments due to you by if you communicate your contact information to a client, even when the client requests such contact information.


7. Preserving confidences and secrets

Foremost among the canons of professional conduct, you will preserve the confidences and secrets of the client. For the purposes of this clause, the following definitions apply:
  1. "Confidence" refers to information protected by the attorney-client or agent-client privilege under applicable law. "Secret" refers to other information gained in the professional relationship that the client has requested be held inviolate or the disclosure of which would be embarrassing or would be likely to be detrimental to the client.
    Except when permitted under paragraph (c) of this section, a searcher shall not knowingly:
    1. Reveal a confidence or secret of a client.
    2. Use a confidence or secret of a client to the disadvantage of the client.
    3. Use a confidence or secret of a client for the advantage of the searcher or of a third person, unless the client consents after full disclosure.
  2. With the permission and under the direction of Da Vinci Partners, a searcher may reveal confidences or secrets only to the extent necessary to establish or collect the searcher's or PATENT.INFO’s fee or to defend the searcher, the searcher's employees or associates, or PATENT.INFO against an accusation of wrongful conduct.
  3. A searcher shall exercise reasonable care to prevent the searcher's employees, associates, and others whose services are utilized by the searcher from disclosing or using confidences or secrets of a client, except that a searcher may reveal the information allowed by paragraph (c) of this section through an employee.


8. Payment for your services and guarantee

PATENT.INFO agrees to pay you for your quality services, rendered on behalf of a client within 60 days of the performance of such services. For the purpose of this agreement, “quality services” are defined as services for which the client pays and, within 30 days of such payment, the client has not sought a refund for such services. Therefore, if the client challenges the charges to his credit card, the services will not be deemed to be “quality services” as defined herein, and your compensation for such services will be limited to 2/3 of the amount the client ultimately pays for such services. Note that the client’s challenging of any charges made for such services does not mean that such services performed were not in fact quality services—it is only that it is PATENT.INFO’s policy to provide a 30 day guarantee for such services, and, if a client is not satisfied with the results on any reasonable grounds, it is believed that it serves PATENT.INFO and the searcher best to provide this guarantee.

9. Intellectual Property

PATENT.INFO appreciates your efforts in improving the network and the web site. When you make a suggestion for improvement to the site, you thereby agree to transfer to Da Vinci Partners any and all intellectual property rights associated with your suggestions for improvements to the web site, and to cooperate with Da Vinci Partners in perfecting this rights through signing assignment agreements and other documents required from time to time by Da Vinci Partners.


10. Indemnification

You agree to defend, indemnify and hold harmless PATENT.INFO and any of its directors, officers, agents and employees from and against any and all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of or related to any breach by you of any term or condition of this PPMA. If any such action shall be brought against any indemnified party, the indemnified party shall notify you in writing. You agree to assume and control the defense and settlement of each such action, including the selection and engagement of counsel and payment of all related expenses. Any indemnified party shall have the right to employ separate counsel in any such action and participate in the defence, at their own cost unless otherwise agreed to by you.

11. Arbitration

Any claim arising out of or relating to this PPMA or any PATENT.INFO services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Chamber of Commerce of Geneva, Switzerland. Any such controversy or claim shall be arbitrated on an individual basis and will not be consolidated with other claims. The arbitration shall be conducted in Geneva, Switzerland and judgment on the arbitration award may be entered into any court of competent jurisdiction. In the event of urgency, you or PATENT.INFO may seek preliminary relief from a court of competent jurisdiction in Geneva, Switzerland should such intervention be necessary to protect your intellectual property rights, such action being taken pending the arbitral decision.

12. Termination

You may terminate your membership on our web site at any time by providing written or email notice to PATENT.INFO at the customer service address set forth on our web site. PATENT.INFO further reserves the right to terminate your membership. All applicable provisions of the PPMA will survive termination of this PPMA. Upon termination, PATENT.INFO will pay you all outstanding service fees owed to you, you will pay all outstanding fees owed to PATENT.INFO within thirty (30) days and honor all outstanding transactions negotiated via our web site.

13. DISCLAIMER OF WARRANTIES

ACCESS TO THE PATENT.INFO WEB SITE AND ITS CONTENT, PRODUCTS AND SERVICES ARE PROVIDED "AS IS." PATENT.INFO DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, CONCERNING THE MERCHANTABILITY, QUALITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF OUR WEB SITE OR ITS CONTENT, PRODUCTS OR SERVICES. NO WARRANTY IS GIVEN THAT THE SERVICES WILL BE ERROR-FREE, FREE OF VIRUSES OR UNINTERRUPTED. PATENT.INFO IS NOT RESPONSIBLE FOR DAMAGES, OF WHATEVER SORT, CAUSED BY COMMUNICATION ERRORS, OR IN THE CORRUPTION OF, OR THE SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATIONS CARRIERS' OR OTHER PROVIDERS' FACILITIES. PATENT.INFO HAS NO LIABILITY FOR FAULTY OR INTERRUPTED COMMUNICATION LINKS, NOR FOR THE CONTENTS OF ANY SUCH COMMUNICATIONS. YOU ACKNOWLEDGE THAT SUBSTANTIAL AMOUNTS OF THE CONTENT OF THE WEB SITE ARE PROVIDED BY THIRD PARTIES, WHICH PATENT.INFO HAS NO CONTROL OVER AND THEREFORE CANNOT BEAR RESPONSIBILITY OR LIABILITY FOR ANY SUCH CONTENT. UNDER NO CIRCUMSTANCES WILL PATENT.INFO BE RESPONSIBLE FOR THE USE BY YOU OF, OR RESULTS ACHIEVED BY YOU FROM THE SERVICES OR ANY DATA ACCESSED THROUGH OR TRANSMITTED VIA THE WEB SITE.

14. LIMITATION OF LIABILITY

EXCEPT FOR ANY INDEMNIFACTION TO YOU SET FORTH IN THIS AGREEMENT, PATENT.INFO SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCURRED ARISING OUT OF THE INABILITY TO USE THE SERVICE, EVEN IF PATENT.INFO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

EXCEPT FOR THE INDEMNIFICATION PROVISIONS IN PARAGRAPH 10, YOU SHALL NOT BE LIABLE TO PATENT.INFO FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED OR ACTUAL PROFITS OR BUSINESS.

IN NO EVENT SHALL PATENT.INFO BE LIABLE FOR DAMAGES, FOR ANY CAUSE OR BASED ON ANY MATTERS ARISING FROM THIS AGREEMENT, IN EXCESS OF THE TOTAL AMOUNT PAID IN DURING THE PRECEDING TWELVE MONTHS OF SERVICE BY YOU TO PATENT.INFO UNDER THIS AGREEMENT.

15. General Compliance with Laws

You agree to comply fully with all applicable laws, ordinances, statutes, rules and regulations, and agree not to use our web site for any unlawful or anticompetitive purpose.

16. Waivers and Remedies

To be effective, any waiver by PATENT.INFO of the provisions of this PPMA or of PATENT.INFO's rights or remedies under this PPMA must be in writing. Any waiver in a particular instance will not be construed as a waiver of the same or different rights or breaches in any other instance. Failure by PATENT.INFO to enforce the provisions of this PPMA or PATENT.INFO's rights or remedies at any time will not be construed as a waiver of PATENT.INFO's rights under this PPMA and thus will not prejudice PATENT.INFO's right to take subsequent action.

17. Notices

In addition to posting a notice on its web site, PATENT.INFO may notify you by email, by facsimile or by mail to the address(es) or facsimile number provided to PATENT.INFO during the registration process. In such case, notice shall be deemed given 2 days after being sent by email or facsimile or 3 days after the date of mailing.

18. Applicable Law and Jurisdiction

This PPMA shall be governed and interpreted pursuant to the laws of the Canton of Geneva, Switzerland, without respect to its conflicts of law provisions. You agree that if you take legal action relating to these terms, the courts located in the Canton of Geneva, Switzerland, shall have the personal and exclusive jurisdiction of such action. If any part of this PPMA is deemed unlawful, void or unenforceable, that part will be severed from this agreement and will otherwise not affect the validity and enforceability of remaining provisions.

19. Amendments and Changes

PATENT.INFO reserves the right, in our sole discretion, to modify this PPMA in any manner and to adopt additional terms or conditions governing your access and use of our web site, and the terms and conditions related to the access and use of our web site, at any time, without prior notice. The terms of any such amendment to this PPMA shall become effective immediately upon posting of such terms on our web site. Your continued use of our web site after such effective date shall constitute acceptance of such amended terms.

20. Independent Contractors

Your relationship to PATENT.INFO is that of independent contractor, and no agency, partnership, joint venture, employment or other similar relationship is intended or created by your acceptance of the terms of this PPMA or the use of our web site.

21. Entire Agreement

With the exception of the Canons of Searcher Conduct, this PPMA sets forth the entire understanding between PATENT.INFO and you with respect to the subject matter of this PPMA and supersedes any previous and contemporaneous communications, representations, understandings and agreements, whether oral or written, between PATENT.INFO and you with respect to said subject matter.
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