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Sign Up Agreement:	1. General SURECHEM hosts the SURECHEM web site at which users can access various collections and databases relating to intellectual property. This User Agreement sets forth the terms and conditions governing the access and use of our site by you, the user. If you use our web site, you agree to comply with the applicable terms and conditions of this User Agreement. 2. Permitted Uses a. General The SURECHEM Web Site is owned and operated by SureChem, Inc., a California corporation. All materials appearing on this site, including site design, text, graphics, icons interfaces, and the selection, assembly and arrangements are owned or licensed by SURECHEM. Permission is granted to electronically copy and to print hard copy portions of these materials only as described below or elsewhere on this site. Any other use of materials on this site, including but not limited to, reproduction for purposes other than those noted on our site, modification, transmission, display, distribution or republication, without the prior written permission of SURECHEM is strictly prohibited. Users are not permitted to use "web crawlers" or other types of software or hardware technology to automatically download large amounts of materials from the SURECHEM site. Elements of the site are also protected by trademark, copyright, trade dress and other laws and may not be imitated in whole or in part on other web sites. b. Commercial Use Paid subscribers are permitted to make only limited commercial use of the information contained on the SURECHEM web site. Paid subscribers are not permitted to incorporate information from the SURECHEM web site into other products or services. Paid Subscribers are not permitted to use the site or information on the site to operate an IP search service that is competitive with the SURECHEM web site or for any other purpose, such as demonstrating your own products to customers or potential customers. 3. Web Site Content Some of the content in the SURECHEM web site is provided by third parties. SURECHEM is not responsible for the content of any of this third party data, nor is SURECHEM responsible for the completeness or accuracy of any such data. In certain instances, users of the SURECHEM web site may add their own content to the site, as, for example, with annotations to shared work files, which may be accessed by other users. Such content is solely the responsibility of the party providing the content. SURECHEM is not responsible in any way for such data, and SURECHEM does not review such content in any way, including, without limitation, screening such content for the presence of computer viruses. When using our web site, you may sometimes be linked to other web sites. These web sites are not operated by SURECHEM and you may be required to agree to additional terms and conditions in order to access information or services from these web sites. 4. Registration In order to access certain portions of our site, gain access to certain databases and purchase the products and services available on our site, you must register with SURECHEM by completing the applicable registration form. By registering, you agree to comply with the terms and conditions of your registration form as well as this User Agreement. Registration on our web site is limited to persons who are eligible to enter into contracts under applicable law. SURECHEM reserves the right to reject your application to become a registered user. SURECHEM also reserves the right to suspend user privileges and block access of any registered user who violates this User Agreement. 5. Privacy SURECHEM shall keep all communication with Users confidential and shall not disclose User information, search requests, and search results to any third parties, unless required to do so under state or federal law. 6. Product and Service Fees SURECHEM charges a fee for the use of certain products and services on our web site. The price, as well as other terms and conditions for each of these products and services, is set forth on the web site or in SURECHEM company sales materials or communications. 7. Payments You agree to pay the current fees for all products and services purchased using your User ID or corporate account. The current fees are clearly marked on the specific web pages related to each specific product or service. Unless you are part of a corporate account, each month, any charges made under your User ID will appear on your credit card statement. You agree to make payment based upon the transaction summary. If any authority imposes a duty, tax, levy or fee on your use of the Services, you agree to pay that amount. You agree to pay a late fee of 1.5 percent per month (or the highest amount allowed by law, whichever is lower) if your payment is not received by the due date set in the invoice. You also agree to reimburse SURECHEM for all collection fees (including attorney's fees) incurred in their efforts to collect any unpaid balance on your account. You are responsible for the selection of, use of and payment for any telecommunications, internet access, and other systems and services required for you to get access to our web site. 8. Indemnification You agree to defend, indemnify and hold harmless SURECHEM and any of its directors, officers, members, 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 Agreement. 9. Termination You may terminate your registration on our web site at any time by providing written or email notice to SURECHEM at the customer service address set forth on our web site. SURECHEM also reserves the right to terminate your registration. All applicable provisions of the Agreement will survive termination of this Agreement. Upon termination, you will pay any outstanding fees to SURECHEM in full within thirty (30) days and honor all outstanding transactions negotiated via our web site. 10. DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY ACCESS TO THE SURECHEM WEB SITE AND ITS CONTENT, PRODUCTS AND SERVICES ARE PROVIDED "AS IS." SURECHEM 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. YOU ASSUME ALL RISK OF USE. NO WARRANTY IS GIVEN THAT THE SERVICES WILL BE ERROR-FREE, FREE OF VIRUSES OR UNINTERRUPTED. SURECHEM IS NOT RESPONSIBLE FOR INVALID DESTINATIONS FOR TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATIONS CARRIERS' OR OTHER PROVIDERS' FACILITIES. SURECHEM HAS NO LIABILITY FOR FAULTY OR INTERRUPTED COMMUNICATION LINKS, NOR FOR THE CONTENTS OF ANY SUCH COMMUNICATIONS. IN THE EVENT THE SERVICE OR ANY PORTION OF THE SERVICE IS UNAVAILABLE TO THE USER DUE TO A TOTAL OR PARTIAL MALFUNCTION FOR WHICH SURECHEM IS RESPONSIBLE, SURECHEM�S SOLE OBLIGATION AND USER�S EXCLUSIVE REMEDY SHALL BE A PRO RATA CREDIT FOR THE PERIOD DURING WHICH THE SERVICE IS UNAVAILABLE. USER�S SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM, LOSS, DAMAGE, OR ACTION WITH RESPECT TO SUCH SERVICE SHALL BE LIMITED TO THE AFOREMENTIONED CREDIT. YOU ACKNOWLEDGE THAT SUBSTANTIAL AMOUNTS OF THE CONTENT OF THE WEB SITE ARE PROVIDED BY THIRD PARTIES, AND SURECHEM HAS NO CONTROL OVER, OR LIABILITY FOR ANY SUCH CONTENT. UNDER NO CIRCUMSTANCES WILL SURECHEM BE RESPONSIBLE FOR THE USE BY YOU OF, OR RESULTS ACHIEVED BY YOU FROM THE SERVICES OR ANY DATA ACCESSED THROUGH THE WEB SITE. SURECHEM SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCURRED ARISING OUT OF THE USE OR THE INABILITY TO USE THE SERVICE, OR OUT OF ANY BREACH OF A REPRESENTATION OR WARRANTY, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF SURECHEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL SURECHEM 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 SURECHEM UNDER THIS AGREEMENT. 11. General Compliance with Laws You agree to comply fully with all applicable laws, statutes, ordinances, rules and regulations, and agree not to use our web site to facilitate collusion or for any other conduct violating antitrust or other applicable laws. 12. Waivers and Remedies Any waiver by SURECHEM of the provisions of this Agreement or of SURECHEM's rights or remedies under this Agreement must be in writing to be effective. 13. Applicable Law and Jurisdiction This Agreement shall be governed and interpreted pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law. If you take legal action relating to these terms, you agree that the state and/or federal courts located in the State of California, San Francisco County shall have the personal and exclusive jurisdiction of such action. If any part of this Agreement is deemed unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions. 14. Amendments and Modifications SURECHEM reserves the right, in its sole discretion, to supplement, modify or discontinue any aspect of our web site, including, without limitation, restricting the times or means of access to our web site. SURECHEM also reserves the right, in its sole discretion, to modify this Agreement 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, effective immediately upon posting of such terms on our web site. 15. Independent Contractors The relationship of SURECHEM with you is that of independent contractors, and no agency, partnership, joint venture, employment or other similar relationship is intended or created by your acceptance of the terms of this Agreement or the use of our web site. 16. Entire Agreement This Agreement sets forth the entire understanding between SURECHEM and you with respect to the subject matter of this Agreement and supersedes any previous and contemporaneous communications, representations, understandings and agreements, whether oral or written, between SURECHEM and you with respect to said subject matter.
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