Terms of Service Agreement (TOSA) for PatentWizard

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.patentwizard.com or any web site such as www.frompatenttoprofit.com that mirrors the content of any web page on www.patentwizard.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 PatentWizard 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:

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, 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.com and the PatentWizard 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.

LEGAL REQUIREMENTS OF A PROVISIONAL PATENT APPLICATION.  Viewer understands and acknowledges that as of March 1, 2000, United States law states that a provisional patent application “shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.”  (35 U.S.C. 112, first paragraph)  Viewer understands and acknowledges that a provisional patent application prepared without proper disclosure will be ineffective and may result in a loss of rights.  These legal requirements are subject to change (see www.uspto.gov for up-to-date legal requirements).  As always, you should consult with a patent attorney prior to filing a provisional patent application.

LIMITATIONS & NOTICES.  There are many limitations with PatentWizard and “provisional” patent applications that Viewer needs to understand prior to utilizing PatentWizard.  Viewer must read, understand and acknowledge the following limitations prior to proceeding with the PatentWizard program.

(a)    VIEWER UNDERSTANDS AND ACKNOWLEDGES THAT THE PatentWizard SOFTWARE PROGRAM IS NOT DESIGNED FOR ALL TYPES OF INVENTIONS OR INVENTORS.  VIEWER UNDERSTANDS AND ACKNOWLEDGES THAT THE PatentWizard SOFTWARE IS ONLY DESIGNED FOR MECHANICAL AND SIMPLE ELECTRICAL INVENTIONS.  VIEWER UNDERSTANDS AND ACKNOWLEDGES THAT Viewer MUST MAKE THEIR OWN DECISION AS TO WHETHER PatentWizard WILL HELP VIEWER WITH THEIR INVENTION.  VIEWER UNDERSTANDS AND ACKNOWLEDGES THAT PatentWizard IS CURRENTLY NOT DESIGNED FOR BUT NOT LIMITED TO SOFTWARE, PROCESS, NON-SIMPLE ELECTRICAL, METHOD, E-COMMERCE, CHEMICAL OR COMPLEX INVENTIONS.  VIEWER UNDERSTANDS AND ACKNOWLEDGES THAT VIEWER MUST DETERMINE ON THEIR OWN AS TO WHETHER PatentWizard IS SUITABLE FOR VIEWER AND THEIR INVENTION. 

(b)    Viewer understands and acknowledges that the overall quality of the self-drafted provisional patent application will depend upon various factors such as grammar skills, time expended in drafting the application, ability to articulate in writing and illustrate with drawings the unique features and functions of the invention, ability to utilize the PatentWizard program and other factors that PatentWizard cannot control.

(c)    VIEWER UNDERSTANDS AND ACKNOWLEDGES THAT A PROVISIONAL PATENT APPLICATION PREPARED WITHOUT PROPER DISCLOSURE MAY BE INEFFECTIVE AND MAY RESULT IN A LOSS OF RIGHTS.

(d)    VIEWER UNDERSTANDS AND ACKNOWLEDGES THAT IT MAY BE IN VIEWER’S BEST INTEREST TO SEEK THE ADVICE OF A COMPETENT PATENT ATTORNEY PRIOR TO FILING THE PROVISIONAL APPLICATION.  VIEWER ACKNOWLEDGES THAT THEY CAN LOCATE A LISTING OF PATENT ATTORNEYS LICENSED WITH THE USPTO AT: Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954 (Telephone: 202-512-1800).

(e)    Viewer understands and acknowledges that PatentWizard is not designed to replace the advice or service of a qualified Patent Attorney.  Viewer understands and acknowledges that PatentWizard is designed to be utilized only during the early stages of the invention process while the inventor is attempting to determine whether their invention is marketable.  Viewer understands and acknowledges that they should not "publicly disclose" their invention after filing a provisional patent application with PatentWizard software unless they are completely confident they have included all necessary information about their invention.

(f)    Viewer understands and acknowledges that PatentWizard will not assist Viewer with drafting the “Claims” section which is required for a “formal” patent application (claims are not required for a “provisional” patent application).  Viewer understands and acknowledges that PatentWizard is not designed to assist inventors with drafting a complete “formal” patent application. 

(g)    Viewer understands and acknowledges that PatentWizard will only assist Viewer with drafting a “provisional” patent application which provides patent pending for only one-year.  Viewer understands and acknowledges that Viewer may have to file a complete formal patent application within this one-year period to avoid the potential loss of their patent rights (if any).  Viewer understands and acknowledges that a provisional patent application by itself can never issue into a “patent”.  Viewer understands and acknowledges that a provisional patent application is never examined by the USPTO for patentability, as such, Viewer will never receive an “Office Action” or a “patent” by only filing a provisional patent application.  Viewer understands and acknowledges that a complete formal patent application must be filed within the one (1) year period of a provisional patent application to provide an opportunity of receiving a patent. 

(h)    Viewer understands and acknowledges that they should consult with a Registered Patent Attorney if they have any questions about PatentWizard, provisional patent applications or other legal questions. 

(i)    Viewer understands and acknowledges that there are other limitations to PatentWizard, as there is with any self-help software program, that are obvious and not listed here.

(j)    VIEWER AGREES TO READ ALL INFORMATION CONTAINED WITHIN THE PatentWizard HELP MENU REGARDING THE PURPOSE AND LIMITATIONS OF PatentWizard AND PROVISIONAL PATENT APPLICATIONS PRIOR TO UTILIZING THE PatentWizard PROGRAM.

(k)    Viewer understands and acknowledges that all information upon PatentWizard, including statutes and legal requirements, is based solely upon information available as of March 1, 2000.  Viewer understands that laws and requirements do change over time.  Viewer assumes responsibility to determine the current law and requirements.

(l)  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).

(m)   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.

(n)  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.

(o)  Viewer understands that the date of filing a provisional patent application will constitute the priority date for filing foreign patent applications.

(p)  Viewer understands that they should consult with a patent attorney prior to filing a provisional patent application to discuss various legal issues including but not limited to foreign patent applications.'

(q)  Viewer understands that they should review the Frequently Asked Questions section (http://www.patentwizard.com/htmls/support.htm) of this web site prior to utilizing PatentWizard software.

(r)  Viewer understands that a "design" patent application cannot be filed as a continuation of a provisional patent application, only a "utility" patent application can be filed as a continuation of a provisional patent application.

(s)  Viewer has read and understands the Developer-User License Agreement (http://www.patentwizard.com/htmls/license.htm) prior to purchasing, downloading or installing the PatentWizard 2.0 software.

CUSTOMER SUPPORT.  There are free answers to frequently asked questions at www.patentwizard.com.  For a fee, you may contact PatentWizard, LLC directly at 701-235-8878 or support@patentwizard.com.  Viewer understands and agrees to pay a two hundred dollar ($200) per hour fee for all communications.  There will be a minimum forty-dollar ($40) fee for each incident.  If Viewer contacts PatentWizard, LLC, Viewer understands and agrees to provide credit card information prior to a consultation with a representative.

PATENT ATTORNEY REVIEW.  Viewer understands and acknowledges that Neustel Law Offices, LTD offers a “Patent Attorney Review” (“Review”) to most purchasers of PatentWizard for a flat-fee of two hundred fifty dollar ($250) and that this fee is subject to change at anytime without notice.  Viewer understands and acknowledges PatentWizard, LLC is owned by Neustel Law Offices, LTD.  Viewer understands and acknowledges that they do not have to use Neustel Law Offices, LTD for a review of their provisional application and that they may utilize a different patent attorney not associated with PatentWizard, LLC (see www.uspto.gov for a listing of patent attorneys).  Viewer understands and acknowledges that Neustel Law Offices, LTD reserves the right to refuse a Review for any inventor or application and is not obligated to perform a Review for any inventor or application.  VIEWER UNDERSTANDS AND AGREES THAT THE rEVIEW IS MERELY A BRIEF OVERVIEW OF THE PROVISIONAL PATENT APPLICATION.  VIEWER UNDERSTANDS AND AGREES THAT THE Review IS NEITHER A STATEMENT NOR A GUARANTEE THAT Viewer HAS INCLUDED ALL OF THE NECESSARY INFORMATION FOR THE INVENTION SINCE NEUSTEL LAW OFFICES, LTD DOES NOT HAVE FIRST HAND KNOWLEDGE OF THE INVENTION.  Viewer UNDERSTANDS AND AGREES THAT IT IS THEIR SOLE RESPONSIBILITY TO INSURE THAT THEY HAVE INCLUDED ALL RELEVANT INFORMATION ABOUT THE INVENTION WITHIN THE PROVISIONAL PATENT APPLICATION AND THAT THEY HAVE DISCLOSED THE “BEST MODE” OF OPERATION.  VIEWER UNDERSTANDS AND AGREES THAT THE Review IS COMPRISED SOLELY OF BROAD OBSERVATIONS OF THE PROVISIONAL PATENT APPLICATION ALONG WITH GENERAL RECOMMENDATIONS.  Viewer UNDERSTANDS AND ACKNOWLEDGES THAT THE Review DOES NOT REQUIRE SIGNIFICANT TIME BY NEUSTEL LAW OFFICES, LTD AND USUALLY CONSISTS OF LESS THAN TWO HOURS OF TIME BY A REGISTERED PATENT ATTORNEY.  Viewer UNDERSTANDS AND AGREES THAT THE Review DOES NOT PROVIDE COMMENTS ON HOW TO AMEND OR CHANGE THE PROVISIONAL PATENT APPLICATION.  Viewer understands and acknowledges that the two hundred and fifty dollar ($250) Review fee does not include any communications with Viewer such as by telephone, e-mail, facsimile or other communication means, and that such communications are billable as Customer Support.  Viewer understands and acknowledges that a more detailed review by Neustel Law Offices, LTD is available to Viewer upon request for an increased fee.

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, superceding 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 PatentWizard web site at http://www.patentwizard.com/htmls/notice.htm.