Terms and Policy Service Agreement
Effective Date: June 15, 2020
Services We Provide
This website provides Statutory agent, corporate filing, and incorporation services. Although some of our services are related to legal concepts and legal obligations, California Registered Agent INC is not a law firm and does not provide legal advice to others. Our forms may assist you in complying with the law, but they are standardized forms that are not adjusted to the particular needs of each customer. Nothing herein should be construed, interpreted, or should constitute legal advice or opinion. We strongly encourage you to retain an attorney to advise you on the legal options and requirements for your particular situation.
Business Filings and Registered Agent Service
a. Service Providers. We may work with third-party providers to provide some of the registered agent services. You acknowledge and agree that these service providers may assist us in providing you with registered agent services.
b. Electronic Records and Signatures. We may need to file documents on your behalf so you consent to us affixing your electronic or hard copy signature in order to file documents on your behalf.
c. Receiving Service of Process & Other Legal Documents. You authorize us to receive service of process and legal documents of any kind (“Legal Documents”) on your behalf. You also agree that we can open, scan, upload and transmit the Legal Documents into your account in connection with providing Services to you. Registered agent services are limited to the receipt of service of process as well as the receipt and forwarding of Legal Documents, and do not include the receipt of any general or regular mail or other items. Accordingly, we do not assume liability to you, or any third party, for loss of mail or other items which are not Legal Documents.
d. Provision of Accurate and Current Information. You agree that you are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of your information. You agree that the accuracy of filings which we make on your behalf depends on the information you provide and you agree to promptly notify us when any of your information changes.
e. Termination of Registered Agent Services.
1) Termination by Us. We may terminate your registered agent Service at any time. Reasons for termination may include, but are not limited to: i) your failure to provide accurate, complete and current information for your account; ii) the inability to locate you after reasonable efforts are made; iii) your failure to pay for your Service; or iv) suspected illegal activity;
2) Termination by You. You may terminate your Service by logging onto your account and canceling your Service in your client portal. If we receive any documents on your behalf after you have canceled your account, you can either sign up for new registered agent services, pay for all Services provided by us prior to your cancellation, or pay a per document fee to view the document
f. Handling of Legal Documents after we are no longer your registered agent. Once we are no longer your registered agent, if we receive further Legal Documents on your behalf, we will send an email notice to the last known email address that we have on file for you. If you want to view a Legal Document, you will need to renew your service with us, pay any fees incurred prior to cancelation or pay a per document fee in order to view the Legal Document. Once you take one of these actions, we will upload the Legal Document so that you can view it.
g. You Waive and Release any Claims and Agree to Hold Us Harmless and Indemnify Us. You waive and release us from any obligation to forward or re-mail documents that are received after your registered agent Service has been terminated and you specifically agree that we have no obligation to forward or re-mail any documents to you except as outlined in these Terms. You further agree to hold us and our affiliates harmless from any third party claim arising out of a delay or failure of you to receive Legal Documents after your registered agent Service has been terminated.
h. No Refunds for registered agent Services. We do not offer full or prorated refunds for canceled registered agent Service unless you cancel within ninety (90) days and you have not listed us as your registered agent. This Service is purchased and renewed on an annual basis and must be terminated prior to the annual renewal date to avoid recurring annual charges.
Acceptable use of our websites and Services
In using our websites and Services, you may not, nor may you permit any third party, directly or indirectly, to:
- access or monitor any material or information on any of our systems, using any manual process or robot, spider, crawler, scraper, or other automated means;
- except to the extent that any restriction is expressly prohibited by law, violate the restrictions in any robot exclusion headers on any Service, work around, bypass or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services;
- perform or attempt to perform any actions that would interfere with the proper working of the Services, or prevent access to or use of the Services by our other customers;
- copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material, information or Services from us;
- transfer any rights granted to you under these Terms;
- use the Services except as expressly allowed under these Terms.
If we reasonably suspect that your account has been used for an unauthorized, illegal or criminal purpose, you hereby give us express authorization to share information about you and your account with law enforcement.
Termination of Services other than Registered Agent Services
a. Termination by us. We may terminate a Service or Services at any time. Reasons for termination may include, but are not limited to: 1) your failure to provide accurate, complete and current information for your account; 2) the inability to locate you after reasonable efforts are made; 3) your failure to pay for your Services; 4) suspected illegal activity; and 5) any other lawful reason. As your sole remedy in the event of our termination of a Service or Services, other than registered agent Services, we will refund you any pre-paid fees for the Service(s) on a pro-rata basis.
b. Termination by you. If you terminate Services other than registered agent Service, we will refund pre-paid fees made by you on a pro-rata basis unless the Services consist of call forwarding or mail forwarding where we only provide prorated refunds within the first seven (7) days of the invoice due date.
You are responsible for reporting and paying all taxes required by federal and state law. We don’t pay your taxes and are not responsible for anything to do with the fiscal or monetary concerns of the company for which you’ve hired us to serve.
Our liability is limited. You agree our maximum liability will never exceed the total amount you paid for service under this Agreement (during the last year) or $250 whichever is greater, which can be offset with your obligation to indemnify. You agree this limitation of liability represents a reasonable allocation of risk and is the basis of the bargain you have obtained by purchasing our services.
You also affirm this Agreement does not create a fiduciary relationship between you and California Registered Agent INC. Our services are being provided as a convenience to you and not to create an agency relationship.
You further agree that California Registered Agent INC is not and will not be liable for any special, direct, indirect, incidental, or consequential damages of any kind. These limitations apply regardless of the form of action, whether in contract, tort (including negligence of any kind), and strict liability or otherwise, whether those damages are foreseeable and whether California Registered Agent INC has been advised of the possibility of those damages. Your own negligence will be considered a breach of contract.
We cannot guarantee that all our services will be error free or free from interruption; therefore, your election to use these services are at your own risk and you agree these services are offered to you for your convenience.
OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “WHERE IS” BASIS, WITHOUT WARRANTY. CALIFORNIA REGISTERED AGENT INC HEREBY EXPRESSLY DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO ANY SERVICES PROVIDED BY CALIFORNIA REGISTERED AGENT INC.
CALIFORNIA REGISTERED AGENT INC DISCLAIMS ANY WARRANTIES THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT YOU WILL RECEIVE DOCUMENTS UPLOADED TO THE WEBSITE BY EMPLOYEES OR THIRD-PARTY VENDORS. California REGISTERED AGENT INC DISCLAIMS RESPONSIBILITY FOR LOSS, INJURY, CLAIMS, LIABILITY, OR DAMAGE OF ANY KIND, WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY, OR OTHERWISE.
You understand the information used to deliver these services is strictly based upon information given or provided by you and any error is the result of your failure to provide accurate information. By agreeing to use our services you agree to defend, indemnify, and hold harmless California Registered Agent INC, its officers, directors, employees, agents, affiliates, representatives, sublicensees, successors, and assigns. This applies to any claim, action, demand, lawsuit, or other proceeding, where California Registered Agent INC (or any of its officers, directors, employees, agents, affiliates or representatives, sublicensees, successors, and assigns) is a party (whether specifically named or threatened with inclusion) to an action when it acted in its role of Statutory agent, incorporator (in any form), corporate filing agent, or any other agency role by providing services under this Agreement. You agree to pay California Registered Agent INC for its legal costs and fees that arises from its defense and inclusion to your litigation.
This Agreement constitutes the entire agreement between you and California Registered Agent INC and governs your use of the service, superseding any prior agreements between you and California Registered Agent INC (including, but not limited to, any prior versions of this Agreement).
We reserve the right to amend this Agreement. In the event of material changes to the Agreement, we will notify you, by email, or by other reasonable means of these changes prior to their enactment. Continued use of the service by you after reasonable notice will be considered acceptance of any new terms.
Dispute Resolution by Binding Arbitration and Class Action Waiver
Most customer concerns can be resolved quickly by calling us at (530) 232-5985. You can also email us at email@example.com. In the unlikely even that we are unable to resolve your complaint to your satisfaction, we each agree to resolve those disputes through binding arbitration under the auspices of JAMS Alternative Dispute Resolution (“JAMS”). JAMS will administer any such arbitration under its Comprehensive Arbitration Rules. If the amount of the claims and counterclaims are less than Two Hundred and Fifty Thousand Dollars ($250,000.00), then the JAMS Streamlined Arbitration Rules and Procedures will be used. You agree that any arbitration pursuant to these Terms will be on an individual basis, and that you will not bring a claim as a plaintiff or class member in a class, consolidated, or representative action. You further agree that class arbitrations, class actions and consolidation with other arbitrations will not be allowed. All disputes and claims between us will be heard by a single arbitrator.
We may revise these Terms from time to time, and will always post the most current version on our website. By continuing to use or access the Service after the revisions come into effect, you agree to be bound by the revised Terms.
Waiver, Severability & Assignment
Our failure to enforce a provision of these Terms is not a waiver of our right to do so at a later date. If a provision of these Terms is found to be unenforceable, the remaining provisions of the Terms will remain in full force and effect. You may assign your rights and obligations under these Terms provided we receive prior written notice of, and approve of, such assignment. We will not unreasonably withhold our approval. We may assign our rights or obligations to any successor in interest of any business associated with the Services.
We shall not be considered to be in breach or default of these Terms, and shall not be liable for any cessation, interruption, or delay in the performance of our Services or other obligations by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or of the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or other similar even that is beyond our reasonable control, whether foreseen or unforeseen (each a “Force Majeure Event”). If a Force Majeure Event continues for more than sixty days in the aggregate, we may immediately terminate our Services and shall have no liability for, or as a result of, any such termination.