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	LYNXSTREET™ TERMS OF USE These Terms of Use define the rights and obligations of users of the LynxStreet.com website (“you”) and LynxStreet™ with respect to the use of this website. LynxStreet™ means LynxStreet™ Inc., a New York corporation whose principal place of business is located at 551 Fifth Avenue, Suite 3300, New York, NY 10176 USA. LynxStreet™(also referred to as “we” or “us”) owns and operates this website. Purpose of the LynxStreet™ Website The LynxStreet.com website allows members to buy, sell or license environmentally-friendly patents, patent-applications and ideas (collectively referred to as “Green Technology”). It also allows users, members, to post comments on our blog. Accepting these Terms By accessing the LynxStreet.com website, you agree to be legally bound by these Terms of Use as modified by us from time to time. In order to participate actively in the LynxStreet.com website by posting comments on our blog or by buying or selling, or by bidding on or offering for sale, Green Technology, you must create an account as described below and specifically agree to these Terms of Use. LynxStreet™ Accounts In order to buy or sell Green Technology through the LynxStreet.com website, you must first create a LynxStreet™ member account by entering the required information online, agreeing to the LynxStreet™ Member Agreement and paying the required fee to LynxStreet™ How to Report an Infringement Only the intellectual property rights owner can report potentially infringing items or postings through LynxStreet™. If you are not the intellectual property rights owner, you help protect the owner’s rights by getting in touch with the owner and encouraging the owner to contact us. Digital Millennium Copyright Act If you believe that anything posted on the LynxStreet.com website infringes upon your copyrights, you may submit a notification to LynxStreet™ pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail): * A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; * Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website; * Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; * Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address; * A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and * A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. LynxStreet™'s designated Copyright Agent to receive notifications of claimed infringement is: JORDAN BARENBURG, c/o Lynxstreet™, 551 Fifth Avenue, Suite 3300, New York, N.Y. 10176. Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to LynxStreet™ customer service through info@lynxstreet.com . You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Counter-Notice: If you believe that your posting that was removed is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content, you may send a counter-notice containing the following information to the Copyright Agent: * Your physical or electronic signature; * Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; * A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and * Your name, address, telephone number, and a statement that you consent to the jurisdiction of the federal court in New York, NY, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, LynxStreet™ may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days after receipt of the counter-notice, at LynxStreet™'s sole discretion. Disclaimers We will not be liable for the consequences of the acts or postings of any user. We are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to any content posted by users or of the sale, license or use of any Green Technology offered for sale through this website. You understand that user postings and comments may be inaccurate, offensive, indecent, or objectionable, and you waive any legal or equitable rights or remedies you have or may have against us with respect to user comments and postings. LynxStreet™ will not be liable or responsible for any representations, warranties or covenants of any person or entity that uploads comments or postings to the LynxStreet.com website. We do not endorse any user comments or postings or any opinion, recommendation or advice expressed in such comments or postings. We do not endorse the website of any third party. In no event will LynxStreet™ be liable for any act or omission of any third party, including without limitation any financial institution, any payment system, any third party service provider, any provider of telecommunications services, Internet access or computer equipment or software, any mail or delivery service or any payment or clearing house system. No Warranties To the maximum extent permitted by applicable law, LynxStreet™ disclaims all warranties with regard to the Green Technology offered for sale or license on this website, either express, implied or otherwise, including, but not limited to, implied warranties of title, merchantability, noninfringement or fitness for a particular purpose. Limitation of Liability To the maximum extent permitted by applicable law and regardless of whether any remedy in this Agreement fails of its essential purpose, in no event will LynxStreet™ be liable for any special, incidental, indirect, consequential or punitive damages whatsoever arising out of this Agreement or the use of or inability to use the Green Technology, even if LynxStreet™ has been advised of or should have known of the possibility of such damages. In no event will LynxStreet™ be liable in damages in contract, tort or otherwise in excess of the amounts received by LynxStreet™ for the Green Technology that is the subject matter of the claim. Limitation of Actions In no event may you bring an action against LynxStreet™ more than one year after the cause of action occurs. Your Indemnity You agree to defend, indemnify and hold LynxStreet™ and its affiliates and their respective officers, directors, employees, shareholders and assigns (collectively, the “LynxStreet™ Parties”) harmless from any claim, demand, liability, loss, damage, cost and expense (including reasonable attorneys' fees) arising from or relating to: (i) your use of and access to the LynxStreet.com website; (ii) all comments and postings uploaded under your member name; (iii) your breach of any these Terms of Use or the LynxStreet™ Member Agreement; (iv) your infringement or alleged infringement of any copyrights, trade secrets, trademarks, right of privacy, right of publicity or other intellectual or other property rights of any person or entity; or (v) your violation of any law. LynxStreet™ reserves the right, at your expense, to assume the exclusive defense and control of any dispute subject to indemnification by you, and in such case, you agree to cooperate with LynxStreet™ in its defense of such claim. You will not settle any such matter without the prior written consent of LynxStreet™. The terms of this indemnity will survive the termination of this Agreement. Notices Notices from LynxStreet(TM) to you may be given by e-mail, regular mail or overnight delivery service using the contact information you provide to us. You may notify LynxStreet(TM) by filling out the customer support form or by e-mail to info@LynxStreet.com or by regular mail or overnight delivery service to below, or such other address as LynxStreet™ posts as its address for notice on the website in the most recent version of the Terms of Use. Modifications LynxStreet™ reserves the right to modify these Terms of Use at any time by posting revised terms on this website. Your continued use of this website will be governed by the Terms of Use in force at the time of your use. Waivers No delay or failure to exercise any right or remedy provided for in these Terms of Use will be deemed to be a waiver. Severability If any provision of these Terms of Use is held invalid or unenforceable, for any reason, by any arbitrator, court or governmental agency, department, body or tribunal, the remaining provisions will remain in effect. Governing Law This Agreement is governed by the laws of the state of New York, USA, without regard to New York’s conflict of laws provisions. Jurisdiction Any claim or dispute between you and LynxStreet™ that arises in whole or in part from this website will be decided exclusively by a court of competent jurisdiction located in New York, NY, or in White Plains, NY, U.S.A. Each party consents to the exclusive jurisdiction of such courts in any such action or proceeding. The LynxStreet.com website will be deemed to be based in New York, the state in which our office is located. You agree that this website will be deemed a passive website that does not give rise to personal jurisdiction over LynxStreet™ in jurisdictions other than New York. Attorneys’ Fees You agree to pay all costs and expenses (including reasonable attorneys' fees) that LynxStreet™ may incur in order to (a) collect any amounts you owe under this Agreement or (b) to initiate an arbitration or judicial proceeding to resolve a dispute between you and another user. How to Contact Us For further Information, contact LynxStreet™ at: Address: LynxStreet™, Inc. 551 Fifth Avenue, Suite 3300 New York, NY 10176 USA Tel: 212-370-1051 Fax: 917-591-4543 E-mail: info@LynxStreet.com Effective date: May1, 2008
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