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Legal Disclaimer

A VISITOR TO THIS WEBSITE, PROSPECTIVE CUSTOMER OR CURRENT CUSTOMER IS SUBJECT TO THIS LEGAL DISCLAIMER AND THE TERMS AND CONDITIONS SET FORTH. 

THE INFORMATION PROVIDED IN THIS SITE OR VIA ANY OTHER MEANS OF TRANSMISSION FROM INCFILE.COM IS NOT LEGAL ADVICE, BUT GENERAL INFORMATION. THE CONTENT CONTAINED ON THE WEBSITE OF INCFILE.COM OR INFORMATION CONTAINED IN ANY OTHER TRANSMISSION FROM INCFILE.COM IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: 

INFORMATIONAL PURPOSES ONLY

The purpose IncFile.com is to provide you with general information, and not to provide any specific advice. The information provided by IncFile.com is intended to provide information (not advice).

The information presented is provided solely for informational purposes and constitutes an advertisement for services. IncFile.com does not wish to represent anyone desiring representation based upon viewing its web site or information provided via email, facsimile, phone conversation, or any other form of transmission. Visitors to its web site or recipients of this information should not act upon this information without consulting with legal counsel. None of the information on this site constitutes professional advice or a recommendation by IncFile.com, its representatives, agents, or otherwise.

The transmission and receipt of materials provided by IncFile.com is not intended to and does not create an attorney-client relationship. Nor does any of the information made available at its web site or via other forms of transmission create a business or professional relationship.

INFORMATION PROVIDED AS-IS

Information obtained from IncFile.com should NOT be used as a substitute for legal advice from an attorney. It is provided “as is”, is not guaranteed to be correct, complete or up-to-date, and IncFile.com expressly disclaims all warranties and disclaims any and all liability of responsibility for loss, claim, liability, or damage that is a result of or in any manner related to errors or omissions in the content provided by IncFile.com.

THIRD-PARTY SITES

IncFile.com’s web site contains links to servers maintained by other businesses and organizations, which exist independently from IncFile.com. IncFile.com cannot provide any warranty about the accuracy or source of the information contained on any of these servers or the content of any file the user 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 this site. All accessing and downloading of material from such third party sites is at the user’s own risk, for which IncFile.com is not responsible or liable in any way.

All 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.

IncFile.com may, at its sole discretion, refuse or cancel existing service to any person or entity for any reason. IncFile.com is not responsible for any damage or loss that may result in IncFile.com’s refusal or cancellation of service.

CANCELLATION POLICY

An order is refundable until payment is forwarded to the state (typically within twenty-four hours after order is placed), less a $30.00 cancellation fee and less any expenses which have been paid or incurred in furtherance of an order with any entities, including state agencies or third party vendors. Once payment has been forwarded to the state, IncFile.com cannot accept any cancellations or any other changes to the state filing. To request an order cancellation, send an email to support@incfile.com. Instructions to cancel an order or any other changes to an order cannot be accepted by telephone. Incfile.com LLC operates exclusively at Customer’s direction and does not offer legal, tax or accounting advice or services, and no information provided by Incfile.com LLC constitutes legal, tax, or accounting advice.

IncFile.com does not dispute legitimate chargebacks. If, however, an illegitimate or improper chargeback is submitted, IncFile.com reserves the right to take any action resulting from fraudulent order cancelling including cancelling subscriptions or other services and to dissolve any entity formed.

AUTO-RENEWAL SERVICES AND PRICE CHANGES

A service provided by IncFile.com may automatically renew to keep a company in compliance with state requirements. A current and active credit card on file will be charged by IncFile.com’s registered agent partner, LegalInc, for the annual renewal of the Registered Agent service. The current Registered Agent service annual renewal fee is available on this site and the Customer Dashboard. Customer has the option to cancel the Registered Agent service at any time by assigning a new registered agent with state and notifying IncFile.com of the change. If such notification is not provided to IncFile.com by the expiration date of the existing Registered Agent service, IncFile.com may automatically renewal the service.  If IncFile.com is unable to complete an auto-renewal due to payment failure, IncFile.com may, at its sole discretion, cancel the Registered Agent service. Credit card information held for purposes of automatic renewal and subscription services is not used for purposes without Customer consent and permission. IncFile.com and LegalInc implement reasonable safeguards to protect Customers data pursuant to the Privacy Policy. All prices for services advertised on Incfile.com 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 INCFILE.COM: 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 cost, legal fee, or representation required by IncFile.com in the event Customer fails to conform to this acknowledgement. Customer hereby accepts full lability and shall indemnify, defend and hold IncFile.com, its owners, agents, employees, representatives, and providers harmless from any and all damages, claims, demands, judgment, expense, and causes of action asserted against IncFile.com 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, products, services or materials provided by IncFile.com.

IncFile.com reserves the right to investigate complaints or reported violations of this Legal Disclaimer and these terms and conditions and to take any and all action it deems necessary or appropriate including the reporting of any suspicious, unlawful, or illegal activity or suspected unlawful or illegal activity to law enforcement, applicable regulators or other third-parties and IncFile.com may disclose any information necessary or appropriate including user-submitted information, profiles, email addresses, usage reports, IP addresses, and user traffic.

SURPLUS OR COMPLIMENTARY INFORMATION

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 the applicable federal, state or local government agency or oversight commission. Customer acknowledges that IncFile.com may provide Customer with information regarding post-formation maintenance. INCFILE.COM MAY PROVIDE UPDATES, NOTIFICATIONS AND/OR REMINDERS TO THE POSTAL ADDRESS OR EMAIL ADDRESS 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 INCFILE.COM. Incfile.com is not responsible for: (i) Customer’s action or inaction based on any information provided via email, facsimile, 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) IncFile.com’s decision, in its sole discretion, to cease providing such information.IncFile.com makes no representation or warranty as to the comprehensiveness or timeliness of the information. CUSTOMER ACKNOWLEDGES THAT IT IS CUSTOMER’S RESPONSIBILITY TO COMPLY WITH ALL APPLICABLE STATE, LOCAL, FEDERAL, OR INTERNATIONAL LAWS.

LIMITATION OF LIABILITY

Customer hereby agrees that in no event shall Incfile.com be liable for any damage, loss, claim, injury, or liability resulting from your use Incfile.com or arising out of or in connection with the services or information provided by incfile.com (including, but not limited to, lost profits, special, direct, indirect, incidental, punitive, compensatory, or consequential damages).

WAIVER AND RELEASE

Customer hereby waives, discharges, and releases Incfile.com of any and all claims, losses, demands, or liability of any kind against Incfile.com, 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 Incfile.com.

Customer also acknowledges and agrees that when third parties provide fulfillment services on IncFile'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 Incfile.com, 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 your use of the information or services of incfile.com. Customer hereby agrees to indemnify, defend and hold harmless Incfile.com, 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.

Incfile.com reserves the right to change or update this Legal Disclaimer at any time. Changes of updates to this Legal Disclaimer will appear on IncFile.com and are effective immediately. Use of IncFile.com after any such changes constitutes your consent to such changes and updates.

BINDING ARBITRATION FOR DISPUTE AND CLAIM RESOLUTION

In the event of a dispute, please contact IncFile.com customer service for resolution. Any controversy or claim arising out of or relating to the use of this site, INFORMATION PROVIDED IN THIS SITE OR VIA ANY OTHER MEANS OF TRANSMISSION FROM INCFILE.COM, advertisement for services. by IncFile.com or contract, the products, services or materials purchased from or provided by IncFile.com, or customer’s use of the information provided in this site or products, services or materials purchased from or provided by IncFile.com, 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, one that meets the qualifications set forth above shall be appointed by 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 Houston, Texas 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) 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).  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.  The decision of the arbitrator shall be final and binding and may not be appealed.

CUSTOMER HEREBY AGREES THAT CUSTOMER HAS READ THIS LEGAL DISCLAIMER AND THE TERMS AND CONDITIONS IN THEIR ENTIRETY AND CUSTOMER AGREES TO THE CONDITIONS OF SALE AND USE DESCRIBED HEREIN. 

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