LLCStart Legal Disclaimer and Terms of Service
PLEASE READ THIS LEGAL DISCLAIMER AND TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OUR WEBSITE OR USING OUR SERVICES.
A visitor to the Website (as defined below), current Customer (as defined below) or prospective Customer is subject to this Legal Disclaimer and Terms of Service (“Terms"), as set forth below. It is your sole responsibility to review these terms periodically. If you ever deem these Terms of Use unacceptable or disagree with them, kindly refrain from using this Site or any Applications.
We reserve the right to modify these Terms of Use at any time without prior notice. Should you have any inquiries regarding these Terms of Use, please reach out to our Customer Care Center.
YOU AGREE AND WARRANT THAT BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
Key Points Disclaimer Clause:
The customer acknowledges and understands that the key points provided are a summarization for guidance purposes only and may not accurately represent the depth and nuance of the actual text within the Terms of Service. It is the customer's responsibility to carefully read and fully comprehend the entire Terms of Service. Reliance on the key points is at the customer's discretion, and any discrepancies or misunderstandings arising from the use of key points are not the responsibility of LLCStart LLC. A complete and comprehensive understanding of the Terms of Service is essential for the customer's informed engagement with LLCStart LLC's services.
US
Welcome to LLCStart (“LLCStart", the “Company," “we," “us," and “our"). Formally, we are LLCStart LLC. We provide our services (“Services") online, including via our website at www.llcstartus.com or any website owned by LLCStart (collectively the “Website"), and other forms of communications such as email, texts, telegrams, DMs, phone calls, and any other form of communications. Providing information on the Website also constitutes part of the Services.
The purpose and intent of LLCStart LLC is to provide you with general information, and not to provide any specific advice (legal or otherwise). The information presented is provided solely for informational purposes and constitutes a service advertisement. LLCStart LLC does not wish to represent anyone desiring legal representation based upon viewing the Website or information provided via email, facsimile, phone conversation, or any other form of transmission. Visitors or recipients of this information should not act upon this information without consulting with legal counsel. None of the information on the Website constitutes professional or legal advice or a recommendation by LLCStart LLC, its representatives, agents, or otherwise. LLCStart LLC operates exclusively at Customer’s direction and does not offer legal, tax or accounting advice or services, and no information provided by LLCStart LLC constitutes legal, tax, or accounting advice.
LLCStart LLC is a document filing service, and CANNOT provide you with legal, tax or financial advice. LLCStart LLC is not a law firm. We are not your attorney or your accountant, nor are we a substitute for an attorney, an accountant, or any other professional. We are simply a document filing company that provides assistance to you in representing yourself. No attorney-client relationship is formed between you and LLCStart LLC or any of LLCStart LLC’s shareholders, subsidiaries, affiliates, directors, officers, employees, independent contractors, representatives, or agents, regardless of whether any of those individuals are attorneys.
The Site/our customer service representatives provide general information only and should not be relied upon by you as legal advice. Nor do we provide any substantive legal review or make legal recommendations.
When you use our Services, you rely on your professionals and knowledge. We strongly recommend that you seek the advice of an attorney, an accountant, and any other service provider as needed to review your individual facts and circumstances to ensure you make the best choices for your business.
OUR RELATIONSHIP TERMINATES UPON COMPLETION OF THE SERVICE REQUESTED. WE DO NOT SUPPLY OR PROVIDE POST-COMPANY FORMATION MAINTENANCE SERVICES. IT IS THE CUSTOMER’S SOLE RESPONSIBILITY TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS INCLUDING, BUT NOT LIMITED TO, BENEFICIAL OWNERSHIP INFORMATION REPORTS. (please see Post-Formation Information and Maintenance. The Post-Formation Information and Maintenance section should be read in conjunction with this section)
CUSTOMER HEREBY AGREES THAT IN NO EVENT SHALL LLCStart LLC BE LIABLE FOR ANY DAMAGE, LOSS, CLAIM, INJURY, OR LIABILITY RESULTING FROM YOUR USE OF THE WEBSITE OR ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR INFORMATION PROVIDED BY LLCStart LLC.
Key Points:
- LLCStart LLC offers general information and promotional services.
- The provided information is not specific advice and should not prompt immediate action.
- Legal representation is not sought or established through the website or communication channels.
- Visitors are advised to consult legal counsel before taking any action based on the information provided.
- The content on the website does not constitute professional or legal advice.
- LLCStart LLC is not a law firm, attorney, or accountant, and no attorney-client relationship is formed.
- Users are encouraged to rely on their own professionals and knowledge.
- Seeking guidance from an attorney, accountant, or other service provider is strongly recommended for informed decision-making.
- The relationship with LLCStart LLC terminates upon completion of the requested service.
- The customer agrees that LLCStart LLC is not liable for any damage, loss, claim, injury, or liability resulting from the use of the website or the services provided through the website or any communication between LLCStart and You.
YOU
We use the term “User" or “you" or “your" or “Visitor" or “Customer" to mean any past, current, or prospective customer of our Services as well as any visitor to the Website. These Terms apply to each Customer.
These Terms govern your access to and use of our Services. By accessing or using the Services (including accessing the Website), you agree to be bound by these Terms as if these Terms were signed by you in ink on a hard-copy agreement. We may also ask you to confirm that you agree to these Terms, including by taking particular actions, such as clicking a button labelled “I Agree" or “Buy Now" or using the Services. Any personally identifiable information about you or anyone else may be stored on or through the Services (“Personal Data"). So long as you are a Customer, LLCStart hereby grants you permission to use the software (“Software") included in the Website as part of the Services. Your right to use the Software is revocable by LLCStart, and is not sublicensable. Moreover, the Software must be used solely for personal use by you.
The information provided in the Website or via any other means of transmission from LLCStart is not legal advice, but general information. The content contained on the Website or information contained in any other transmission from LLCStart is subject to these Terms.
LLCStart reserves the right to change or update these Terms at any time. Changes or updates of these Terms will appear on the Website and/or be communicated to Customer and are effective immediately. Use of the Website or receipt of Services after any such changes constitutes your consent to such changes and updates.
LLCStart LLC and its agents will use the information you provide ONLY for the requested service. We do not assist with opening bank accounts.
Organizer or Equivalent. By requesting incorporation services through LLCStart LLC and accepting these Terms of Use, you are authorizing LLCStart LLC to take all necessary steps to register your entity in your requested state(s). Such steps may include, but not be limited to, (i) listing LLCStart LLC, a representative of LLCStart LLC, or any third-party chosen by LLCStart LLC, as the organizer and/or filer (or local equivalent of both) of your company; (ii) affixing your signature on your behalf to incorporation documentation; (iii) filling out incorporation documentation on your behalf; (iv) filing incorporation documentation on your behalf; or (v) removing LLCStart LLC or its representative as the organizer of your company.
YOU GIVE US EXPLICIT AND UNRESTRICTED PERMISSION TO SIGN ON YOUR BEHALF ANY DOCUMENT NECESSARY TO COMPLETE “THE SERVICE. " Depending on the nature of the transaction, we may outsource the “Service" to third-party providers.
Key Points:
- These Terms regulate your access and utilization of LLCStart's Services, binding you upon accessing the Website.
- Agreement to the Terms is confirmed through actions such as clicking "I Agree" or using the Services.
- Personally identifiable information, termed "Personal Data," may be stored on or through the Services.
- As a Customer, LLCStart grants you permission to use the Software included in the Website, but this right is revocable and non-sublicensable.
- The Software is designated for personal use only by the Customer.
- Information provided on the Website or through any transmission from LLCStart is general information, not legal advice, and is subject to these Terms.
- LLCStart retains the right to modify these Terms, with changes appearing on the Website and communicated to the Customer, effective immediately upon use of the Services post-update.
- LLCStart and its agents will use the provided information solely for the requested service, explicitly excluding assistance with opening bank accounts.
- The Customer grants explicit and unrestricted permission for LLCStart to sign on their behalf for any document necessary to complete the requested service or to list you as the organizer or filer.
- Depending on the transaction's nature, LLCStart may outsource the service to third-party providers.
Legal Compliance, Client Warranty, and Indemnification Clause:
The client acknowledges and agrees that it is illegal and strictly prohibited to provide false or misleading information to be filed with the state authorities. By engaging LLCStart LLC's services, the client expressly warrants to LLCStart LLC that all information provided is true in all material respects. The client further represents and warrants that they are at least 18 years old, possess the legal capacity to enter into a binding contract, and have the authority to submit the information on behalf of the entity for which the services are being sought.
The client agrees to indemnify, defend, and hold harmless LLCStart LLC, its shareholders, subsidiaries, affiliates, directors, officers, employees, independent contractors, representatives, and agents from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to any breach of the representations and warranties provided herein or any negligent or wrongful act or omission by the client. LLCStart LLC reserves the right to terminate services in the event of a breach and may report such breaches to the relevant authorities.
Key Points:
- The client acknowledges that providing false or misleading information to state authorities is illegal and strictly prohibited.
- By engaging LLCStart LLC's services, the client expressly warrants the truthfulness of all information provided to LLCStart LLC.
- The client further represents that they are at least 18 years old, possess the legal capacity to enter into a binding contract, and have the authority to submit information on behalf of the entity.
- The client agrees to indemnify, defend, and hold harmless LLCStart LLC, along with its shareholders, subsidiaries, affiliates, directors, officers, employees, independent contractors, representatives, and agents.
- Indemnification covers claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising from any breach of the representations and warranties or any negligent or wrongful act or omission by the client.
- LLCStart LLC reserves the right to terminate services in the event of a breach and may report such breaches to the relevant authorities.
Content
Any information, text, graphics, photos or other materials uploaded, downloaded or appearing in connection with our Services or on our Website, including all Personal Data, are collectively referred to as “Content". When you provide Content to us (“Customer Content"), you warrant to us that you have all rights necessary to provide your Content to us.
In addition to Customer Content, some of the Content on the Services and Website is owned by us (“LLCStart Content"), and by partners and other entities (“Third Party Content"). You may use LLCStart Content and Third Party Content for your personal use only. Except for Customer Content, you may not share any Content with any other person or entity without the prior written permission of the owner of that Content. For example, you would need to obtain our prior written permission prior to re-posting any LLCStart Content to another website or sharing it with others.
We own LLCStart Content and the Services, and all intellectual property associated therewith, including copyrights and trademarks. You may not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices in or accompanying the Services or any of the Content other than Customer Content. You may not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Services or any Content, other than Customer Content.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person that originates the Content. We do not monitor the Content posted via the Services. LLCStart will not be liable for any Content, including but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred arising out of the Content or any use of any Content.
Your use of or reliance on any Content or materials posted on our Website or provided to or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Website or in connection with the Services. We do not endorse any opinions expressed via the Services.
You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings or Content that have been mislabeled or are otherwise deceptive.
You grant LLCStart and agree to grant LLCStart a nonexclusive, perpetual, irrevocable, worldwide, unlimited, assignable, sublicensable, transferable, fully paid-up and royalty-free right and license to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize Customer Content in any form, format or process now known or hereafter discovered, via the Services or otherwise, including but not limited to any Customer-generated Content, ideas, concepts, techniques or data, without any further consent by you, and without any notice or compensation to you or to any third parties (“Content License"). Except for the Content License you grant to us, you retain all ownership or other rights you may have to Customer Content. Prior to providing us with Customer Content, you should retain a copy of Customer Content in a safe place accessible to you. You are responsible for your use of the Services, for your Content, and for the consequences of what you do.
By Customer providing any email address, phone number, cellular phone number, or any other means of contacting Customer (“Customer Contact Information"), Customer expressly agrees that LLCStart can contact such Customer via such Customer Contact Information (including via text messages) for any purpose, including providing information regarding or in connection with the Services, as well as for marketing purposes.
Key Points:
- Content Definition: Information, text, graphics, photos, or materials on the Website or through Services collectively referred to as "Content," inclusive of Personal Data.
- Customer Content Warranty: When providing Content, customer warrants having all necessary rights to do so.
- Ownership and Usage: LLCStart owns LLCStart Content and Services, including associated intellectual property. Limited personal use allowed for LLCStart Content and Third Party Content.
- Sharing Restrictions: Except for Customer Content, sharing any Content without prior written permission is prohibited.
- Intellectual Property: Prohibition on removing, altering, or concealing copyright, trademark, or proprietary rights notices.
- Usage Restrictions: Prohibition on reproducing, modifying, adapting, preparing derivative works, or exploiting Services or Content (excluding Customer Content).
- Content Responsibility: Originators bear sole responsibility for all Content. LLCStart does not monitor Content and is not liable for errors, omissions, or damages.
- Risk Disclaimer: User reliance on or use of Content is at their own risk. LLCStart does not guarantee completeness, truthfulness, accuracy, or endorse opinions expressed.
- Exposure to Inappropriate Content: Users may encounter offensive, harmful, inaccurate, or deceptive Content; user discretion advised.
- Content License: Customer grants LLCStart a broad license to use, distribute, and commercialize Customer Content without further consent or compensation.
- User Responsibility: Users are responsible for their use of Services, Content, and consequences of their actions.
- Contact Agreement: Customer agrees to be contacted by LLCStart via provided Customer Contact Information for various purposes, including marketing, with express consent.
Privacy
Certain types of Content you submit to us might reveal your gender, ethnic origin, nationality, age, religion, sexual orientation, health information, or other Personal Data about you or others. Each time you use our Services or submit Personal Data or other Content to us, you confirm your consent to the collection, storage, processing, use, sharing, and onward transfer of your Personal Data and any other Personal Data you submit, and all other Content you provide, as further stated in the version of these Terms and the version of the Privacy Policy that are current as of the date of your submission.
Please note, however, that any Personal Data, or other Content or data collected, stored or processed by a partner or a third party is subject to the privacy policy or agreements of that partner or third party. We are not responsible for the privacy practices, security, or other aspects or processes of any partner or third party, except as expressly stated in the current version of these Terms and the current version of the Privacy Policy.
We also reserve the right to access, read, preserve, and disclose any Content, data or other information (including Personal Data) as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to Customer support requests; or (v) protect the rights, property or safety of LLCStart, the Services, our customers and the general public.
To read the entire Privacy Policy please review the full Privacy Policy
Third-party Sites
The Website contains links to servers maintained by other businesses and organizations, which exist independently from LLCStart or the Website. LLCStart cannot provide any warranty about the accuracy or source of the information contained on any of these servers or the content of any file a Customer might download from these sites. No such third party is endorsed or recommended by us by virtue of the fact that links to their servers appear on the Website. All accessing and downloading of material from such third party sites is at the Customer’s own risk, for which LLCStart is not responsible or liable in any way.
All third-party information is provided without any warranty, express or implied, as to its legal effect and completeness.
For the avoidance of doubt, all charges imposed by such third parties - including but not limited to auto-renew fees for registered agent and/or any other services - cannot be reversed, discounted or in any way altered after those charges have been applied to your account.
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR FEEL HARMED BY LLCStart, THE SERVICES, OR ANYTHING RELATED TO THE SERVICES, YOU MAY STOP USING THE SERVICES. TERMINATION IS YOUR SOLE AND EXCLUSIVE REMEDY. IN PARTICULAR, WE DISCLAIM THAT THE SERVICES WILL RESULT IN ANY PARTICULAR FINANCIAL BENEFIT OR OTHER BENEFIT OR SUCCESS TO CUSTOMERS IN ANY WAY.
WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. WE DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR WITHOUT ERRORS. THE OPERATION OF THE SERVICES, INCLUDING THE WEBSITE, MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS. FURTHERMORE, WE DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONS, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET OR ANY OTHER NETWORK, AND FOR ANY OTHER REASON.
Cancellation Policy and Termination
LLCStart may, at its sole discretion, refuse or cancel existing Services to any person or entity for any reason, including for misuse of LLCStart promotions. For example, if LLCStart were to offer a promotion (such as a promotion on state incorporation), such promotion can only be used once by a Customer and attempting to use such promotion more than once by the same Customer is misuse of LLCStart promotions. In such a case, LLCStart reserves the right to refuse service or cancel any orders in which a Customer is misusing an LLCStart promotion by attempting to use such promotion a second time or more. LLCStart is not responsible for any damage or loss that may result from LLCStart’s refusal or cancellation of Services for any reason.
An order is generally refundable until payment is forwarded to any government entity, such as a state or the U.S. federal government (typically within twenty-four hours after an order is placed), less a $30.00 cancellation fee and less any other expenses which have been paid or incurred in furtherance of an order, including payments to any entities, including state agencies or the Federal government or third party vendors. Once payment has been forwarded to any government entity or third party, LLCStart cannot accept any cancellations or any other Other expenses which have been paid or incurred in furtherance of an order, including payments to any entities, including state agencies or the Federal government or third party vendors. Once payment has been forwarded to any government entity or third party, LLCStart cannot accept any cancellations or any other changes to an order. In the case of trademark filings, once a trademark search has been conducted or payment has been made to the U.S. Patent and Trademark Office, LLCStart cannot accept any cancellations or any other changes to an order. To request an order cancellation prior to LLCStart making any payments to a government entity or other third party, or prior to a search being conducted for a trademark filing, your order must be in Review status. You must place your order on hold by clicking on the make changes button inside your order confirmation email and if the cancellation request meets LLCStart’s requirements as stated above, as determined by LLCStart at LLCStart’s sole discretion, then LLCStart will honor the cancellation. Instructions to cancel an order or any other changes to an order cannot be accepted by telephone or email. LLCStart does not dispute legitimate chargebacks. If, however, an illegitimate or improper chargeback (e.g., a chargeback requested after payment by LLCStart to a government entity or third party, or after a trademark search has been conducted) is submitted, LLCStart reserves the right to take any actions LLCStart deems appropriate at LLCStart’s sole discretion. Such actions by LLCStart include, but are not limited to, cancelling subscriptions or other Services and the dissolution of any entity formed for which payment was charged back or disputed by Customer. Customer shall be liable to LLCStart for all costs incurred by LLCStart in dissolving such legal entity. If LLCStart is unable or unwilling to dissolve such entity, or if payment was made to the U.S. Patent and Trademark Office for a trademark filing, Customer agrees to dissolve such entity promptly or abandon the trademark filing, at the request by LLCStart, or be liable to LLCStart for liquidated damages in the amount of five hundred U.S. dollars (US$500) plus any and all costs incurred by LLCStart to collect the liquidated damages and dissolve the legal entity, including court costs, arbitration costs, legal fees, and collection costs to the extent not prohibited by applicable law. LLCStart reserves the right to dissolve any legal entity which is fraudulently formed by any person who uses a third party’s name without authorization from such third party to form the legal entity, and any person who forms such legal entity shall be liable to LLCStart for liquidated damages in the amount of ten thousand U.S. dollars (US$10,000) plus any and all costs incurred by LLCStart to collect the liquidated damages and dissolve the legal entity, including court costs, arbitration costs, legal fees, and collection costs to the extent not prohibited by applicable law.
We may terminate these Terms for any reason or no reason, at any time, with or without notice. Any termination by us shall be effective immediately or as may be specified in our notice. We may restrict, suspend or block the access of any Customer who abuses or misuses the Services. Misuse includes, among other things, infringing any intellectual property rights, using any functionality, feature or capability of the Services to generate, support or transmit any form of spam, engaging in any behavior or activity that we asked you not to do, or any other behavior that we, in our sole discretion, deem contrary to the mission and purpose of LLCStart and the Services.
Upon termination, you may lose access to some or all of the Services. We may block access to the Services from an Internet Protocol (“IP") address or range of IP addresses associated with those of terminated Customers. Upon termination, all licenses and other rights granted to you by us in these Terms will immediately cease, but any licenses you have granted to us will survive termination regardless of the reason for such termination. In addition, any fees invoiced to you prior to termination that have not been paid will continue to be due in accordance with these Terms, and no refunds shall be provided for payments previously made. Auto-renewal Services and Price Changes
Services provided by LLCStart may automatically renew to keep a Customer’s legal entity in compliance with state or other government requirements. A current and active credit card on file will be charged by LLCStart’s registered agent partner (e.g., LegalInc), for the annual renewal of the Registered Agent service. The current Registered Agent service annual renewal fee is available on the Website and the Customer Dashboard (see Website). Customer has the option to cancel the Registered Agent service at any time by assigning a new registered agent with state and notifying LLCStart of the change. If such notification is not provided to LLCStart by the expiration date of the existing Registered Agent service, LLCStart may automatically renew these Services. If LLCStart is unable to complete an auto-renewal due to payment failure, LLCStart may, at its sole discretion, cancel the Registered Agent service. Credit card information held for purposes of automatic renewal and subscription Services by LLCStart will not used for other purposes without Customer consent and permission. LLCStart and LLCStart’s registered agent partner (e.g., LegalInc) implement reasonable safeguards to protect Customer data pursuant to the Privacy Policy. All prices for Services advertised on LLCStart are subject to change at any time without notice.
Lawful Use
Customer hereby agrees, represents, and confirms that Customer will not use the information presented, products, Services or materials purchased from or provided by LLCStart to commit fraud or any other illegal act or crime; to mispresent identity or legal purpose; to misrepresent, misstate, or falsify information on legal documentation; to misrepresent or mistake any fact; or in any other unlawful, illegal or improper manner. Customer hereby agrees to be responsible for any costs, including legal fees, incurred by LLCStart in the event Customer fails to conform to this requirement. Customer hereby accepts full liability and shall indemnify, defend and hold LLCStart, its owners, agents, employees, representatives, and providers harmless from any and all damages, claims, demands, judgments, expenses, and causes of action asserted against LLCStart by any person or local, state or federal government agency arising from or out of any event, circumstance, act or incident resulting from Customer’s use or misuse of the information presented, or products, Services or materials provided by LLCStart.
Customer hereby agrees and confirms to give LLCStart complete authority to sign documents on Customer’s behalf for the purpose of, and not limited to, completing any order or modification thereof on Customer’s behalf.
LLCStart reserves the right to investigate complaints or reported violations of these Terms and to take any and all actions it deems necessary or appropriate including the reporting of any suspicious or suspected unlawful or illegal activity to law enforcement, applicable regulators or other third-parties. LLCStart may disclose any information necessary or appropriate in this respect, including Customer-submitted information, profiles, email addresses, usage reports, IP addresses, Customer traffic, and other Customer Content.
As a condition to your right to access the Website and to use the Services, you agree to these Terms, including agreeing to comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements and to provide accurate information to us and update it as necessary. You also agree to review our Privacy Policy, which may change from time to time as well as review and comply with notices sent by us concerning the Services.
You also agree to not act dishonestly, inappropriately or unprofessionally by posting inappropriate, inaccurate, or objectionable Content. Furthermore, you agree not to use software, devices, scripts, robots or other means or processes to access, “scrape," “crawl" or “spider" any web pages or other part of the Services. You will also not override any security component included in or underlying the Services.
Post-Formation Information and Maintenance
Customer acknowledges that Customer is solely responsible for the post-formation maintenance, reporting, filings, and any other documentation required to maintain formation status and/or legal, tax or other required compliance with applicable federal, state or local government agencies or oversight commissions. Customer acknowledges that LLCStart may provide Customer with information regarding post-formation maintenance. LLCStart may provide updates, notifications and/or reminders to the postal address or email address or cellular telephone number provided by Customer or as a post or alert to Customer's online account (if applicable) solely as a courtesy and such does not create any liability on the part of LLCStart.
LLCStart is not responsible for: (i) Customer’s action or inaction based on any information provided via email, facsimile, cellular phone text, phone conversation, website posting, alert, or any other form of transmission or communication; (ii) Customer’s failure or inability to receive or access the information; or (iii) LLCStart's decision, in its sole discretion, to cease providing such information. LLCStart makes no representation or warranty as to the comprehensiveness or timeliness of the information. Customer acknowledges that it is Customer's sole responsibility to comply with all applicable state, local, federal, or international laws.
Limitation of Liability
CUSTOMER HEREBY AGREES THAT IN NO EVENT SHALL LLCStart BE LIABLE FOR ANY DAMAGE, LOSS, CLAIM, INJURY, OR LIABILITY RESULTING FROM YOUR USE OF THE WEBSITE OR ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR INFORMATION PROVIDED BY LLCStart (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES).
TO THE EXTENT PERMITTED BY LAW, NEITHER LLCStart NOR ANY OF LLCStart AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES, IF ANY, YOU PAID LLCStart DURING THE CALENDAR YEAR IN WHICH SUCH EVENT IS CLAIMED TO HAVE OCCURRED, OR USD $100, WHICHEVER AMOUNT IS GREATER. NEITHER LLCStart NOR ANY OF LLCStart AFFILIATES SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, PROFIT, REVENUE OR DATA TO YOU, ANY ENTITY, OR ANY THIRD PERSON. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER (I) YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, (II) WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR (III) THE LIMITED REMEDIES PROVIDED IN THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.
These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
Waiver and Release
Customer hereby waives, discharges, and releases LLCStart of any and all claims, losses, demands, or liability of any kind against LLCStart, its owners, partners, affiliates, representatives, employees, agents, licensors, suppliers, and any other third party providers, whether known, unknown, disclosed or undisclosed, arising out of or in any way connected with your use of the information or Services of LLCStart.
Customer also acknowledges and agrees that when third parties provide fulfillment services on LLCStart's behalf and such services have been appropriately charged to Customer, including auto-renew fees, such fulfillment services cannot be subject to any type of refund and/or discount after charges for those services have been applied to the Customer's account.
Indemnification
Customer hereby agrees to indemnify, defend and hold harmless LLCStart, its owners, partners, affiliates, representatives, employees, agents, licensors, suppliers, and any other third party providers, from and against all claims, losses, expenses, damages and costs, including but not limited to legal costs and fees, arising out of or in any way connected with Customer’s use of the information or Services of LLCStart. Customer hereby agrees to indemnify, defend and hold harmless LLCStart, its owners, representatives, and employees, from and against all claims, losses, expenses, damages and costs, including but not limited to legal costs and fees, arising out of or in any way connected to Services provided by an affiliate, partner, supplier, third party provider or vendor including but not limited to any act, omission, negligence, or error by such affiliate, partner, supplier, third party provider or vendor.
You agree to defend, indemnify and hold LLCStart and its partners, as well as any of our respective subsidiaries, affiliated companies, officers, employees, members, directors, or service providers (“LLCStart Affiliates") harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following alleged activities: (i) your Content or your access to or use of the Services; (ii) any alleged breach of these Terms; (iii) any breach, infringement, misappropriation or violation of any third-party right including without limitation any intellectual property right, publicity right, confidentiality, property right or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, any regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. We ask that you cooperate as reasonably requested by LLCStart in the defense of any claim. LLCStart reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you. Customer will not in any event settle any claim against LLCStart or LLCStart Affiliates, without the prior written consent of LLCStart, which consent LLCStart may refuse in its sole discretion.
Choice of Law and Binding Arbitration
In the event of a dispute between you and LLCStart, please contact LLCStart customer service for resolution. Any controversy or claim arising out of or relating to the use of the Website, information provided on the Website, or via any other means of transmission from LLCStart, or advertisement for Services, or any dispute in connection with these Terms or provision of Services by LLCStart, or with respect to any other products, services, or materials provided by LLCStart, or Customer’s use of the information provided on the Website, shall be submitted for final and binding arbitration (or online dispute/arbitration resolution) to a single arbitrator, provided that: (1) the arbitrator has at least five (5) years of expertise in the field relevant to the nature of the dispute and; and (2) the arbitrator is not or has not been a contract agent or a former employee of either party. In the event the parties are unable to agree on a single arbitrator who meets the qualifications set forth above, then an arbitrator shall be appointed by and/or under the rules of the American Arbitration Association (“AAA") within ten (10) days of the date on which a party seeks assistance from the AAA in selection of a neutral arbitrator. The arbitration shall be conducted in accordance with the Commercial Rules and procedures of the AAA, and shall take place in Cheyenne, Wyoming or in a location otherwise mutually agreed upon by the parties or via an online forum pursuant to online dispute or arbitration resolution processes. The parties further agree that: (1) the arbitration shall not last more than three (3) days; (2) there shall be no discovery other than the exchange of information and materials provided to the arbitrator by each of the parties, for which there shall only be thirty (30) days to accomplish; (3) the arbitrator’s final decision shall be issued within ninety (90) days after the date of selection of the arbitrator or within such period as the parties may otherwise mutually agree; and (4) except as otherwise expressly stated in these Terms, the arbitrator shall have the authority only to award equitable relief and direct, actual damages, and shall not have the authority to award punitive or consequential damages (including, but not limited to lost profits, special, indirect, incidental, or compensatory damages). Notwithstanding anything to the contrary in these Terms, the arbitrator shall have the authority to award liquidated damages and legal fees and costs and any remedy provided in these Terms in favor of LLCStart in situations where a user of the Website has acted fraudulently or willfully (such as by registering a legal entity under a third party name without the third party’s consent), or where a Customer requests a chargeback without sufficient justification as determined by LLCStart at LLCStart’s sole discretion or after LLCStart has paid any third party or governmental entity any funds in connection with the order associated with the chargeback. Each party shall be responsible for an equal sharing of the fees, expenses and costs incurred by the arbitrator, and each party shall be responsible for their own costs and any fees of counsel they incur unless stated otherwise in these Terms. The decision of the arbitrator shall be final and binding and may not be appealed.
These Terms and any action related thereto are governed by the law of the State of California and the federal law of the United States of America, without regard to or application of any conflicts of laws provisions or principles, and without regard of the location or nationality of a Customer. Any dispute between us or arising out of these Terms, the Privacy Policy, the Services, or their performance, shall be determined by one arbitrator in binding arbitration as specified above. The language of the arbitration shall be English.
The award of the arbitrator shall be final and binding on the parties, and may be entered and enforced in any court or other tribunal of competent jurisdiction.
Should the arbitrator determine that the dispute is not arbitrable, Customer and LLCStart consent to the exclusive jurisdiction and venue of the state and federal courts located in Cheyenne, Wyoming U.S.A.
Notwithstanding anything to the contrary in these Terms, LLCStart can, at its sole discretion, choose not to arbitrate a dispute and can choose to file suit in any state or federal court. In such a case, Customer and LLCStart consent to the exclusive jurisdiction and venue of the state and federal courts selected.
General Provisions
Severability: If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be illegal, void, or unenforceable, the provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the parties with respect to the provisions within the context of the overall Terms. If a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms will not be affected.
Entire Agreement. These Terms constitute the entire, complete and exclusive agreement between you and us regarding the Services, and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms. You acknowledge that you have had the opportunity to review these Terms and our Privacy Policy with counsel of your choice. No Informal Waivers, Agreements or Representations. Any failure to act with respect to a breach of these Terms by one party does not waive the other party’s right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Terms, no representations, statements, consents, waivers or other acts or omissions by either party or its affiliates shall be deemed legally binding unless expressly and specifically documented in a writing that refers to the Terms and states expressly the intent to modify or supplement the Terms.
Assignment and Delegation. You may not assign or delegate any rights or obligations under the Terms without the prior written permission of LLCStart. Any purported assignment and delegation by you will be ineffective. We may freely assign or delegate some or all of our rights and obligations under the Terms and Privacy Policy, effective on sending a notice to you at the email address we have for you, or if we have no email address for you, by posting a notice of assignment on the Website.
Price: We make our best efforts to display accurate pricing, but in the event of pricing errors we will contact you, or you have a right to contact us and request the difference in the filing fee. The client acknowledges that the States constantly change prices and the price displayed for the filing fee may be inaccurate. The sole remedy for the client is to ask for the difference between the charged price and the actual price of the filing fee at the time of the filing. Alternatively, if the price listed is below the actual filing fee at the time of filing, we may request the difference from the client. If the client does not agree to the price increase, the client may request a refund for the service.
Liquidated Damages: In the event that the Client breaches this Agreement, the Client agrees to pay the Company as liquidated damages, and not as a penalty, the sum of $1,000.00 (One Thousand Dollars). Both parties acknowledge that this sum represents a genuine pre-estimate of the loss and damage that the Company would suffer in the event of a breach by the Client, and is not intended as a penalty.
Collections: If the Client fails to pay any sums due under this Agreement, including, but not limited to, the aforementioned liquidated damages, such sums may be turned over to a collections agency for recovery. The Client will be responsible for any additional costs associated with the collection of these sums, including, but not limited to, legal fees, court costs, and collections agency fees.