- The information we collect and why we collect it;
- How we use that information;
- How we share information; and
- The choices we offer.
Personally Identifiable Information That We Collect:
We do not collect personally identifiable information from you unless you voluntarily provide it to us, such as your email address or name. You may be required to submit certain personally identifiable information when you register on the Service. The personally identifiable information which you may provide to us could include your name, email address, phone number, physical address, credit card number and related information, and other personal information.
Non-Personal Or Aggregate Information That We Collect:
When you access or use our Service, we may automatically collect non-personally identifiable information from you, such as IP host address, web pages viewed, browser type, operating system, referring service, search information, device type, page views, usage and browsing habits on the Service and similar data. We may also aggregate demographic information collected from our users (such as the number of users in a particular state) in a manner which does not identify any one individual. We may also aggregate information collected offline in connection with the Service or use of our services, obtain non-personally identifiable information from third party sources and develop aggregate information by anonymizing previously collected personally identifiable information.
It is possible at times when collecting non-personally identifiable information through automatic means that we may unintentionally collect or receive personally identifiable information that is mixed in with the non-personally identifiable information. While we will make reasonable efforts to prevent such incidental data collection, the possibility still exists. If you believe that we have inadvertently collected your personal information, please notify us at info@RegisterCompanyForms.com.
We will only use your personally identifiable information as described below, unless you have specifically consented to another type of use, either at the time the personally identifiable information is collected from you or through some other form of consent from you or notification to you:
- We may share your personally identifiable information collected in connection with providing the Service.
- We may use your personally identifiable information to respond to your inquires or requests.
- We may permit our vendors and subcontractors to access your personally identifiable information, but they are only permitted to do so in connection with performing services for us. They are not authorized by us to use the information for their own benefit.
- We may share your personally identifiable information with third parties to further the purpose for which you provided such information to us; for example, but without limitation, we may share your information with our email platform provider, as necessary for sending and receiving emails to and from you. Whenever possible, we urge you to read the privacy policies of any third party before submitting information through our Service.
- We may disclose personally identifiable information as required by law or legal process.
- We may disclose personally identifiable information to investigate suspected fraud, harassment or other violations of any law, rule or regulation, or the terms or policies for our services or our sponsors.
- We may transfer your personally identifiable information in connection with the sale or merger or change of control of Register Company Forms or the division responsible for the services with which your personally identifiable information is associated.
- We may share your personally identifiable information with an affiliate of Register Company Forms who is in the same corporate family as us as long as their privacy practices are substantially similar to ours.
- We may share your personally identifiable information with an approved third party if during the use of the service you become eligible for a promotion with that approved third party.
Non-personally identifiable or aggregate information may be used by us for any purposes permitted by law and may be shared with any number of parties, provided that such information shall not specifically identify you.
Cookies and Similar Technologies:
In addition, our advertisers and business partners may set cookies and similar items on your computer when you use our Service. You may stop or restrict the placement of cookies on your computer or flush them from your browser by adjusting your web browser preferences, in which case you may still use our Service, but it may interfere with some of its functionality. Cookies and similar items are not used by us to automatically retrieve personally identifiable information from your computer without your knowledge.
If you delete your cookies, change browsers or use a different cookie, our cookie (or an opt-out cookie) may no longer work and you will have to reinput (or opt-out) again.
Analytics and Conversion Tracking:
We may collect information about your computer, including your IP address, operating system and browser type, for system administration and in order to create reports. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
Like many services, Google Analytics uses first-party cookies to track visitor interactions as in our case, where they are used to collect information about how visitors use our site. We then use the information to compile reports and to help us improve our site.
Cookies contain information that is transferred to your computer’s hard drive. These cookies are used to store information, such as the time that the current visit occurred, whether the visitor has been to the site before and what site referred the visitor to the web page.
Google Analytics collects information anonymously. It reports website trends without identifying individual visitors. You can opt out of Google Analytics without affecting how you visit our site – for more information on opting out of being tracked by Google Analytics across all websites you use, visit https://tools.google.com/dlpage/gaoptout.
We also use Google conversion tracking and/or similar services to help us understand your and other users’ use of the Service.
Please see https://support.google.com/adwords/answer/1722022?hl=en for more information about conversion tracking provided by Google.
When you access or use the Service, Register Company Forms may access, collect, monitor and/or remotely store “location data,” which may include GPS coordinates (including but not limited to latitude and/or longitude), IP addresses, and/or similar information regarding the actual location of your device. Location data may convey to us information about how you browse or use the Service. Location data does not collect or share any personally identifiable information about you. Location data may be used in conjunction with personally identifiable information. Some features of the Service, particularly any location-based services, may not function properly if use or availability of location data is impaired or disabled.
Additionally, when you access or use the Service, Register Company Forms may access, collect, monitor and/or remotely store “time data,” which may include information indicating the date and time that your device was present in a given location. Time data may convey to us information about how you browse or use the Service. Time data does not collect or share any personally identifiable information about you. Time data may be used in conjunction with personally identifiable information. Some features of the Service, particularly any time-based services, may not function properly if use or availability of location data is impaired or disabled.
When you access the Service by or through a mobile device, we may access, collect, monitor and/or remotely store one or more “device identifiers.” Device identifiers are small data files or other, similar data structures stored on, or otherwise associated with, your mobile device. These device identifiers uniquely identify your mobile device and are used to enhance the Service. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by us. A device identifier may convey to us information about how you use the Service. A device identifier does not collect or share any personally identifiable information about you. A device identifier may, however, be used in conjunction with personally identifiable information. A device identifier may remain persistently on your device, to help you log in faster and enhance your navigation through the Service. Some features of the Service may not function properly if use or availability of device identifiers are impaired or disabled. Register Company Forms may access, collect and/or store device identifiers upon enabling Register Company Forms’s Services.
The security of your personally identifiable information is very important to us. When we collect your personally identifiable information online, we use reasonable efforts to protect it from unauthorized access. We use commercially reasonable efforts to encrypt and anonymize your data so that it cannot be accessed by unauthorized third parties. However, due to the inherent open nature of the Internet, we cannot guarantee that your personally identifiable information will be completely free from unauthorized access by third parties such as hackers and your use of our Service demonstrates your assumption of this risk.
We have put in place reasonable physical, electronic, and managerial procedures to safeguard the information we collect. Only those employees who need access to your information in order to perform their duties are authorized to have access to your personally identifiable information. For more information on protecting your privacy, please visit www.ftc.gov/privacy.
You may upload or otherwise share content on the Service or on a third-party site, including social media platforms and chat rooms. Any such content, or metadata about such content, may be viewed by other users. You should be aware that personally identifiable information which you voluntarily include and transmit online in a publicly accessible blog, chat room, social media platform or otherwise online, or that you share in an open forum such as an in-person panel or survey, may be viewed and used by others without any restrictions. We are unable to control such uses of your personally identifiable information, and by using such services you assume the risk that the personally identifiable information provided by you may be viewed and used by third parties for any number of purposes. We urge you to read the privacy practices of any social media platform before uploading or posting any content to said platform.
Protection for Children:
We generally do not collect personally identifiable information from children under the age of 13. If at any time in the future we plan to collect personally identifiable information from children under 13, such collection and use, to the extent applicable, shall, when required, be done in compliance with the Children’s Online Privacy Protection Act (“COPPA”) and appropriate consent from the child’s parent or guardian will be sought where required by COPPA. When we become aware that personally identifiable information from a child under 13 has been collected without such child’s parent or guardian’s consent, we will use all reasonable efforts to delete such information from our database.
As a convenience to you, we may provide links to third-party Services from within our Service. We are not responsible for the privacy practices or content of these third-party sites. When you link away from our Service, you do so at your own risk.
Communications with Register Company Forms:
No Rights of Third Parties:
Site Terms and Conditions:
United States of America
For questions or concerns relating to privacy, we can be contacted at: info@RegisterCompanyForms.com.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Platform and the Service. This Agreement may be modified by Register Company Forms from time to time, such modifications to be effective upon posting by Register Company Forms on the Platform. By accessing and/or using the Platform or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
1. Access and Retention.
In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
You must be at least eighteen (18) years of age. By using the Platform, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
3. Non-Commercial Use by Members.
The Platform is for the personal use of individual Members only. Illegal and/or unauthorized uses of the Platform include, but are not limited to, collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Platform, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Platform in any fraudulent or misleading manner, any automated use of the system, such as scraping the Platform, automated scripts, spiders, robots, crawlers, data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Platform or the networks or services connected to the Platform, and using the Platform in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Platform may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Platform and Service is with the permission of Register Company Forms, which may be revoked at any time, for any reason, in Register Company Forms’s sole discretion.
4. Account Security.
You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Register Company Forms of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Register Company Forms will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have it linked to your Register Company Forms account.
5. Your Use of the Platform
- You must not copy or capture, or attempt to copy or capture, any Content from the Platform or any part of the Platform, unless given express permission by Register Company Forms or by the person or entity who uploaded the Content (the “Uploader”).
- You must not use any Content (other than your Content) in any way that is designed to create a separate content service or that replicates any part of the Platform offering.
- You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
- You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Platform or any Content appearing on the Platform.
- You must not, and must not permit any third party to, copy or adapt the object code of the Platform, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Platform, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to any Content.
- You must not use the Platform to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
- any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in Register Company Forms’s s sole and reasonable discretion;
- any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right;
- any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Register Company Forms’s sole and reasonable opinion;
- any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt the Platform or servers or networks forming part of, or connected to, the Platform, or which does or might restrict or inhibit any other user’s use and enjoyment of the Platform; or
- any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
- You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
- You must not rent, sell or lease access to the Platform, or any Content on the Platform.
- You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
- You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Register Company Forms employee. If we feel that your behavior towards any of our employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.
- You must not sell or transfer, or offer to sell or transfer, any Register Company Forms account to any third party without the prior written approval of Register Company Forms.
- You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
6. Mobile Application and Software.
To use the Register Company Forms App you must have a mobile device that is compatible with the App. Register Company Forms does not warrant that the App will be compatible with your mobile device. Register Company Forms gives you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the App for one account on one mobile device owned or leased solely by you, for your personal use. You may not: (a) modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law; (b) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third party or use the App to provide time sharing or similar services for any third party; (c) make any copies of the App; (d) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (e) delete the copyright and other proprietary rights notices on the App.
You agree that we may from time to time issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your mobile device. You agree to the automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to any upgrades. Any third-party code that may be incorporated in the App is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. This license is not a sale of the App or any copy thereof, and Register Company Forms or its third party partners or suppliers retain all right, title, and interest in the App (and any copy thereof). Register Company Forms retains all rights not expressly granted under this Agreement. If the App is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the App by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202- 1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The App originates in the United States, and is subject to United States export laws and regulations. The App may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the App may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the App and the Service.
This Agreement will remain in full force and effect while you use the Platform and/or Service. You may terminate your membership and/or subscription by contacting us at info@RegisterCompanyForms.com. If you resign or cancel your membership and/or subscription to Register Company Forms, to help Register Company Forms analyze and improve the Service, you may be asked to provide a reason for your resignation/cancellation. Register Company Forms may terminate your membership and/or subscription for any reason by sending notice to you at the email address and/or phone number you provide in your application for membership, or such other email address and/or phone number as you may later provide to Register Company Forms. All decisions regarding the termination of accounts shall be made in the sole discretion of Register Company Forms. Register Company Forms is not required to provide you notice prior to terminating your membership and/or subscription. Register Company Forms is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
8. Modifications to Service.
Register Company Forms reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Register Company Forms shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
9. Blocking of IP Addresses.
In order to protect the integrity of the Services, Register Company Forms reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Platform.
10. Content on Register Company Forms
- Proprietary Rights.
Register Company Forms retains all proprietary rights in the Platform and the Service. The Platform contains the copyrighted material, trademarks, and other proprietary information of Register Company Forms, and its licensors. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on Register Company Forms is proprietary. Except where otherwise specified in this Agreement, all Content is copyrighted material of Register Company Forms and for Register Company Forms Members’ use only. Distribution of Content to others is strictly prohibited. You agree that Register Company Forms would be irreparably harmed by any violation or threatened violation of this section and that, therefore, Register Company Forms shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.
- Grant of License.
By uploading or posting your Content to the Platform, you retain ownership of the Content but agree to grant Register Company Forms a worldwide, non-exclusive, transferable, sub-licensable, royalty-free, irrevocable, perpetual, and fully paid license to use, post, copy, reproduce, adapt, modify, process, edit, transmit, publish, translate, display and distribute such Content in connection with providing the Service to you and other users. In providing the Service, we may adapt or modify your Content in order to display, transmit or distribute it over computer networks and in various forms of media, and/or make changes to your Content as necessary to conform and adapt the Content to the limitations or requirements of any devices, networks, media, or services.
Any Content other than your Content is the property of Register Company Forms or of the relevant Uploader, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Platform from time to time and within the parameters set by the Uploader on the Service or with the express written consent of the Uploader. Where you repost another user’s Content, or include another user’s Content in a set, you acquire no ownership rights whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant Uploader.
11. Restrictions on Use of Materials
You acknowledge that Register Company Forms contains Content that is protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and Register Company Forms owns a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on the Platform are trademarks of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
12. Copyright Policy.
Register Company Forms prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.
Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by certified mail to:
Legal Department, Register Company Forms, 40 Wall St., NY, NY
If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Platform, please write to Register Company Forms at the address shown above, giving a written statement that contains:
- identification of the copyrighted work and/or intellectual property right claimed to have been infringed;
- identification of the allegedly infringing material on the Platform that is requested to be removed;
- your name, address, and daytime telephone number, and an e-mail address if available;
- a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed.
Register Company Forms will process any notice of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.
In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. § 512(c), please also include the following:
- with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and
- your electronic or physical signature (which may be a scanned copy).
13. Liability for Content
You hereby acknowledge and agree that Register Company Forms may store and post information Content and other information at the direction, request and with the authorization of its users. You acknowledge that Register Company Forms acts merely as a passive conduit and/or host for the distribution of such Content, and that it plays no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all Content that you upload, post or distribute to, on or through the Platform, and to the extent permissible by law, Register Company Forms excludes all liability with respect to all Content (including any of your Content) and the activities of its users with respect thereto.
Register Company Forms and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Platform by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Platform. By using the Platform, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Register Company Forms or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
14. Blocking and Removal of Content
15. Repeat Infringers
We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by Register Company Forms at its sole discretion.
16. Limitation of Liability.
In no event shall Register Company Forms be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Platform or Service, or use thereof. Nothing contained in the Platform or in any written or oral communications from Register Company Forms or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.
The content and functionality on the Platform and the services provided by employees of the Platform are offered “as is” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Register Company Forms makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Platform content or that the functionality of the Platform will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Platform and the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL Register Company Forms, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE PLATFORM OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE PLATFORM, EVEN IF Register Company Forms HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY. Register Company Forms DOES NOT WARRANT OR GUARANTEE THAT ANY MAPS OR GEOLOCATION DEVICES CONTAINED ON, OR CONNECTED TO, THE PLATFORM ARE ACCURATE, AND EXPRESSLY DISCLAIMS ANY LIABILITY RELATING TO SUCH MAPS OR GEOLOCATION DEVICES.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL Register Company Forms HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, PLATFORM OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF Register Company Forms HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Register Company Forms and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement, Platform or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the Member or user to Register Company Forms during the six (6) months prior to notice to Register Company Forms of the dispute for which the remedy is sought.
17. Indemnity by You.
You agree to indemnify and hold Register Company Forms, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to:
- your use of the Service and/or Platform in violation of this Agreement and/or arising from a breach of this Agreement including without limitation your representations and warranties set forth above;
- any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Register Company Forms.
In the event that Register Company Forms is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for Register Company Forms’s attorneys’ fees and costs.
19. Parental or Guardian Permission
Some of the Content on the Platform may not be appropriate for children. CHILDREN UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE THE PLATFORM UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT. INDIVIDUALS UNDER THE AGE OF 18 ARE NOT PERMITTED TO SUBSCRIBE TO OUR FEE-BASED SERVICES OR GIVE Register Company Forms THEIR EMAIL ADDRESS OR ANY OTHER PERSONALLY IDENTIFIABLE INFORMATION.
21. Jurisdiction and Choice of Law; Dispute Resolution.
If there is any dispute arising out of the Platform and/or the Service, by using the Platform and/or Service, you expressly agree that any such dispute shall be governed by the laws of the State of New York, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of New York with the same force and effect as if such service had been made within the State of New York. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
22. Arbitration Provision/No Class Action.
Except where prohibited by law, as a condition of using the Platform and/or Service, you agree that any and all disputes, claims and causes of action (collectively, “Claim”) arising out of or connected with the Platform and/or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of New York, County of New York, or the United States District Court for the Southern District of New York. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of New York, County of New York, or the United States District Court for the Southern District of New York.
23. No Third Party Beneficiaries.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
24. Availability Outside the U.S.
25. Entire Agreement
This Agreement contains the entire agreement between you and Register Company Forms regarding the use of the Platform and/or the Service.
26. Severability Waiver
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, Register Company Forms’s failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect Register Company Forms’s ability to enforce such term at any point in the future.
The section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.
Please contact us with any questions regarding this agreement.