The following terms and conditions cover all goods and services provided by Patent Research Foundation LLC (“PRF”), a limited liability corporation. PRF helps you to prioritize your patent search, but PRF does not provide legal advice. Our products and services are intended for use by customers with skill in the industry. Technical recommendations on the use of PRF products and services can only be based on present experience and knowledge about the reliability of such products and services. You agree to review the results that we provide, and consult with a patent attorney as necessary, to determine whether the information we provide is accurate, relevant, and suitable for your purposes. Many factors can affect the quality and accuracy of PRF’s products and services. Customers therefore must satisfy themselves as to the suitability of the product or service for a given situation and application.
STANDARD WARRANTY AND LIMITATIONS OF REMEDIES AND LIABILITY: PRF’s sole liability, and Customer’s exclusive remedy, for breach of any warranty, is to a refund of the purchase price. A written notice of claim for breach of warranty must be delivered to PRF within sixty (60) days of observation and no more than one (1) year after delivery of the product. PRF shall be allowed reasonable opportunity to investigate the claim and inspect the product or services provided to Customer. In no event may Customer recover damages exceeding the price paid by the Customer for the specific service or goods as to which the claim is made, whether based on contract, tort, or any other theory.
PATRF MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. PATRF SHALL NOT BE LIABLE FOR, and CUSTOMER WAIVES ALL CLAIMS FOR, PROSPECTIVE PROFITS OR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OR REMEDIES NOT SPECIFICALLY PROVIDED ABOVE, WHETHER BASED ON NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY IN TORT OR ANY OTHER CAUSE OF ACTION. ALL WARRANTIES ARE NULL AND VOID IF CUSTOMER HAS NOT PAID IN FULL IN ACCORDANCE WITH PATRF’S PAYMENT TERMS.
Patent Research Foundation LLC will not be liable for, and the Customer shall defend, indemnify and hold harmless (including without limitation costs and attorney’s fees) Patent Research Foundation LLC from, any loss, damage or injury to persons or property, or claim thereof, resulting from (Customer’s or any third party’s or end user’s handling, storage, transportation, resale, application or other use of the products or services, or in combination with other products or services, or otherwise. Any controversy or claim arising out of or relating to the within Warranty, terms and conditions shall be settled by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Venue for the arbitration shall be in Grand Junction, Colorado, USA..