This Agreement is subject to change by Government Filings LLC at any time, effective upon posting on the relevant website. Your continued use of the Website and the Service following Government Filings LLC posting of revised terms of any section of the Agreement will constitute your express and binding acceptance of and consent to the revised Agreement.
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.
This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and the Service. This Agreement may be modified by Government Filings LLC from time to time, such modifications to be effective upon posting by Government Filings LLC on the Website. By accessing and/or using the Website, you accept this Agreement and agree to the terms, conditions, and notices contained or referenced herein.
Third Party Service Provider:
Government Filings LLC is a private, third-party compliance agency offering services for a fee. This is a commercial solicitation and advertisement. Government Filings LLC is NOT affiliated with any government authority. In placing an order through this site, you appoint Government Filings LLC as your Compliance Agent.
Once you request a service from Government Filings LLC by submitting your order online or on the phone with one of our agents, there will be NO REFUNDS or CANCELLATIONS. ALL TRANSACTIONS ARE FINAL.
Service of Process for BOC-3 Filing:
In consideration of the payment of the fees, Government Filings LLC, will act as your compliance agent for the acceptance of service of process on your behalf at our principal office, in relation to all or any of the agreements and subject to these terms and conditions. As soon as reasonably practicable after Service of Process, the Process Agent will notify you of the service by one of the means specified in the instructions and seek your instructions as for how best to deliver the documents served upon the Process Agent to you or your advisers. If no response is received from you following notification by the Process Agent, Government Filings LLC shall use its reasonable endeavors to contact you by whatever means deemed appropriate in its sole discretion but shall accept no liability for failure to contact you other than via the notified contact details of the Named Representative. The Process Agent will follow your reasonable instructions relating to the dispatch of the documents served on them and such dispatch shall release the Process Agent from its obligations. Neither Government Filings LLC nor the Process Agent has any responsibility to ensure or guarantee any receipt by you or your agent(s) of any documents served on the Process Agent.
You also agree that subscription to our service grants permission to use our list of process agents for the express purpose of obtaining authority with the Federal Motor Carrier Safety Administration. Any other use of our process agents is strictly forbidden (i.e.: State Statutory Corporate Registered Agents). In a case where our list of process agents is used for any private use or anything other than obtaining authority with the Federal Motor Carrier Safety Administration, you will be subject to additional fees which you agree to pay prior to use. You also agree to provide us with a written signed paper showing that our agent was removed from any previous personal filing with any legal entity within 15 days of notice.
Access and Retention:
In order to access and retain this electronic Agreement, you must have access to the Internet, 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.
Commercial Use of Service:
If you are using the Service and/or accessing the Website on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:
1. You are an authorized representative of the Subscribing Entity, and that you have the authority to bind the Subscribing Entity to this Terms of Service;
2. You have read and understand this Terms of Service; and
3. You agree to this Terms of Service on behalf of the Subscribing Entity.
Illegal and/or unauthorized uses of the Website include, but are not limited to, browsing or downloading illegal content, 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 Website, 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 Website in any fraudulent or misleading manner, any automated use of the system, such as scraping the Website, automated scripts, spiders, robots, crawlers, data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Websites or the networks or services connected to the Website, and using the Website in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Website may be investigated and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website and Service is with the permission of Government Filings LLC, which may be revoked at any time, for any reason, in Government Filings LLC’s sole discretion.
Limitation of Liability:
In no event shall Government Filings LLC be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Website or Service, or use thereof. Nothing contained in this Website or in any written or oral communications from Government Filings LLC or its employees or agents shall be construed to make any promise, covenant, 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 Website and the services provided by employees of the Website 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. Government Filings LLC makes no warranties, express or implied, as to the ownership, accuracy, completeness, or adequacy of the Websites’ content or that the functionality of the Website will be uninterrupted or error-free or free from virus or third-party attack. You hereby acknowledge that your use of the Website and the Service is at your sole risk.
UNDER NO CIRCUMSTANCES SHALL Government Filings LLC , 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 WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES, EVEN IF GOVERNMENT FILINGS LLC HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL GOVERNMENT FILINGS LLC 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, WEBSITE OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS; LOST DATA; LOSS OF GOODWILL; COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT; WORK STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; ILLEGAL, IMMORAL OR FRAUDULENT ACTIVITY; PERSONAL INJURY; PROPERTY DAMAGE; OR ANY OTHER DAMAGES OR LOSSES, EVEN IF GOVERNMENT FILINGS LLC 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 Government Filings LLC and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement, Website or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $125.00 or the sum of any amount paid by the Member or user to Government Filings LLC during the six months prior to notice to Government Filings LLC of the dispute for which the remedy is sought.
Indemnity by You
You agree to indemnify and hold Government Filings LLC, 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:
1. your use of the Service and/or Website in violation of this Agreement and/or arising from a breach of this Agreement including without limitation your representations and warranties set forth above;
2. any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Website, and/or your making available thereof to other users of the Website, and/or the actual use of Your Content by other users of the Website or related services in accordance with these Terms of Service and the parameters set by you with respect to the distribution and sharing of Your Content;
3. any activity related to your account, either by you or by any other person accessing your account with or without your consent unless such activity was caused by the act of Government Filings LLC.