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Terms of Service

The submission of information to, and use of, the patents information services (collectively, the "Service") available through the Lastresearch-freenergy web site (located at http://www.lastresearch-freenergy.com) is subject to the following terms and conditions (the "Terms and Conditions" or the "Agreement"). BY SUBMITTING INFORMATION to, or accessing information from, the Service, YOU, the end user customer ("Customer") AGREE TO THE FOLLOWING TERMS AND CONDITIONS. These Terms and Conditions are a legal agreement between you and Lastresearch.com. ("Lastresearch" or the "Company"). 

If you do not agree to these Terms and Conditions and to the Patents Policies, do not submit information to, or access information from, the Service. All questions concerning this Agreement should be directed to: Manager, Lastresearch.com, 8807 Misty Creek Drive, Sarasota, FL 34241. Lastresearch may update these terms and conditions at any time and without notice. The latest version of the terms and conditions is available on the Lastresearch website.

GENERAL PROVISIONS

Membership Privileges
Membership privileges are granted by Lastresearch to individuals exclusively and are granted specifically to the subscribing registered member only. No employee, independent contractor, agent, or affiliate of a competing patents information service is permitted to access any of the Password Protected Areas of the Lastresearch web site without express written permission from Lastresearch. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of Lastresearch. Lastresearch requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the Lastresearch system. Members are not permitted to share their individual logon information with others. Lastresearch has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the terms and conditions or abuses their rights related to the Lastresearch service.
Lastresearch utilizes email as a vital and primary communication channel with customers. As a registered user, Customers hereby acknowledge and grant Lastresearch the permission to communicate with customers via email (as well as other communication channel such as phone and fax) for any purposes Lastresearch determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. Lastresearch will use best efforts to honor Customer's request to opt out of marketing messages, but under no circumstances will Lastresearch have any liability for sending any email to its registered users/customers.

Lastresearch website
The Company accepts no responsibility for checking the accuracy of reports or info submitted by the Customer. While the Company shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to Lastresearch.


Use of Information
Customer agrees to treat all information obtained from the Service, including listings, member directory, and any information otherwise made available to Customer in the Service (individually and collectively, the "Content") as proprietary to Lastresearch. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of Lastresearch. Lastresearch does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer's own risk.


Payment Terms
Customer agrees to pay for all products ordered through the Lastresearch web site or via the Lastresearch sales team using the payment method indicated, and provides Lastresearch express authorization to charge said fees to the Customer's payment provider at time of purchase or renewal. Fees owed depend on the specific type and quantity of Lastresearch products, services, information, or deliverables (collectively "Deliverables") ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, Lastresearch may immediately cease to provide any and all Deliverables to the customer. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the then-current monthly billing period.
Subscriptions will automatically renew using the Customer's current credit card account number unless Customer cancels their subscription on the Lastresearch Web site at http://www.lastresearch-freenergy.com/cancel-subscription five (5) days prior to the renewal date to cancel such subscription. All cancellation requests will be processed within three (3) business days. The Customer's subscription will remain active until it reaches its expiration date. Once the cancellation is processed, a confirmation email will be sent via the customer's email account on record with Lastresearch. If Customer has a question about a cancellation, Customer should contact Lastresearch Client Services at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or at 941-923-3202. The Company reserves the right to change its fees or billing methods at any time. The Company will provide timely notice to the affected Customers of any such changes.

It is the Customer's responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates should be made online via the "My Profile" button (My profile) on the top left of every page, once Customer has logged into http://www.lastresearch-freenergy.com. Lastresearch does not validate all credit card information required by the Customer's payment provider to secure payment.

The Customer must notify Lastresearch about any billing problems or discrepancies within 90 days after charges first appear on their Account statement. If it is not brought to Lastresearch's attention within 90 days, Customer agrees to waive their right to dispute such problems or discrepancies.

Lastresearch also has the right to refuse service to any customer or company that has delinquent charges that remain unpaid and to impose additional charges to reactivate Subscription or other membership privileges.

Unsolicited Commercial Email (Spam)
Lastresearch prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). Lastresearch has the right to revoke the privileges of any customer or company that breaches these terms.

Ownership and License Grant
Lastresearch retains all rights (including Intellectual Property Rights as defined below), title and interest in the Lastresearch Web site, technology and brochures, and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. Customer will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of Lastresearch's technology or delete or alter author attributes or copyright notices. Customer shall use the Lastresearch system solely for their own use and shall not allow others to use the Lastresearch system under or through that Customer's login ID/email and password.

Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.

Limitation of Liability and Indemnification
IN NO EVENT SHALL LASTRESEARCH BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, OR INTERRUPTION OF BUSINESS) ARISING OUT OF THIS AGREEMENT. Customer's exclusive remedy, and Lastresearch's entire liability under this Agreement shall be a refund to Customer of the fees paid to Lastresearch hereunder, and in no event will Lastresearch's liability for any reason exceed such fee. Lastresearch (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer's use of the Deliverables, and Customer shall indemnify Lastresearch (and Lastresearch's officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys' fees) as a result of a claim by any person other than Customer arising from Customer's use or application of the Services or the Deliverables.

Warranty Disclaimers
ALL INFORMATION FOUND IN OUR WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. LASTRESEARCH MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PATENTS, SERVICE, INFORMATION, OR LASTRESEARCH MARKET REPORTS, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND LASTRESEARCH SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES.

Links to Third Party Sites
This web site may contain hyperlinks to other web sites operated by parties other than Lastresearch, Inc. and its subsidiaries which are beyond Lastresearch's control. Parties other than Lastresearch may provide services or sell product lines on this site that take you outside of our service. This includes links from advertisers, sponsors, and content partners that may use Lastresearch's logo(s) as part of a co-branding relationship. For example, if you click on a banner advertisement the click may take you off the Lastresearch site. Lastresearch does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Lastresearch does not assume any liability for the actions, product, and content of all of these and any other third parties. Lastresearch makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third party web sites. When you click on a link that leaves the Lastresearch site, the site you will land on is not controlled by Lastresearch and different terms of use and privacy statements may apply. Lastresearch also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party sites and any links thereto.

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Copyright Complaints
If you believe that your work has been copied onto Lastresearch in a way that constitutes copyright infringement, please provide Lastresearch's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Lastresearch that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  • A description of the copyrighted work that you claim has been infringed upon;

  • A description of where the material that you claim is infringing is located on Lastresearch, with identifying information, if applicable;

  • Your address, telephone number, and e-mail address;

  • 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;

  • 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.



Governing Law
This Agreement, and the Deliverables provided by Lastresearch, shall be governed by the laws of the State of Florida, without reference to conflict of laws principles. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect.

Assignment
This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Customer without the prior written consent of Lastresearch, which retains the right to withhold consent in its sole discretion.


Entire Agreement
The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.

Last Updated: April 1st, 2009

 
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