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Terms of Use Agreement & Disclaimer
for Incorporation and LLC Formation Services
In this Agreement & Disclaimer ("Agreement")
"you" and "your" refer to each customer
or website visitor, "we", us" and "our"
refer to MyNewCompany.com, Inc., its contractors, agents,
employees, officers and directors (hereinafter “MNC”)
and "Services" refers to the services provided
by us.
Please read the following information carefully.
DISCLAIMER
MyNewCompany.com, Inc. (MNC) is a business service
company that helps you form your own corporation or
LLC. The information contained in this site is provided
for general information only and should not serve as
a substitute for legal advice from an attorney familiar
with the facts and circumstances of your specific situation.
You understand that MNC is not acting as your attorney
in any way and the information provided on this web
site, through emails or phone conversations with MNC's
employees or agents is not legal advice. In fact, you are advised that you should consult
competent legal counsel of your own selection regarding any legal questions
which you have regarding incorporation or company formation.
MNC uses the information provided on our order forms
to complete the information on the required state forms.
MNC is not a law firm and neither MNC nor any of its
employees provide legal services or legal advice. Further,
no representations or warranties, expressed or implied,
are given regarding the legal or other consequences
resulting from the use of our services or order forms.
As every business is unique and laws vary from state
to state, it is impossible for MNC to guarantee that
the options selected by you are the best for your particular
situation, which varies depending on such things as
the shareholders/members or directors of your corporation
or LLC formation. You acknowledge that MNC does not know your
financial or tax situation and did not provide you with
any legal advice on whether to be a C or S corporation
or LLC.
You acknowledge that by submitting an order to MNC
either via web or phone that you are allowing us to
sign paperwork, electronically or otherwise, on your
behalf as an "authorized representative".
You acknowledge that unless informed otherwise we will
assume a fiscal year end for your company of December
31. Unless specified on your order, we will assume you
request ", Inc." as your corporate ending
for corporations and ", LLC" as the ending
for a LLC.
Further, you acknowledge that after your business
has been incorporated, or your LLC has been formed,
it is your responsibility to make sure that the corporation/LLC
complies with all state, local and federal laws.
You acknowledge that although we provide estimates
as to the amount of time it will take to process your
order, there is no guarantee as to the length of time
each State will take to process a filing, nor can we
predict the State's workload, seasonal increase in demand,
the time the Post Office or Courier Service will take
to send a document or any other time estimate. We will
go to great lengths to process orders as fast as possible,
but, for the most part, we are dependent upon the Postal
Service for delivery and each individual State to process
the filing.
MNC's liability is limited only to amounts paid to
MNC. If you are not satisfied with our service please
contact us and we will take reasonable efforts to make
sure you are satisfied. If you are seeking a stronger
guarantee it is recommended that you contact an attorney.
If
an order is cancelled after payment has been taken by
MNC but before a name check has been completed, MNC
will refund the total order amount less a $25 dollar
processing fee. If the order is cancelled after the
name check has been completed but before the formation
documents have been created, MNC will refund the total
order amount less a $50 processing fee. If the order
is cancelled after the formation documents are created,
MNC will refund the total amount of the order less a
$75 dollar processing fee provided that the formation
document is not already filed with the state.
In
addition, the client has 30 days after we ship
a completed order to notify us if they have not
received
their completed order via their chosen shipping method.
If reported within that 30 day window, MNC will
replace the order at our cost. If after the 30
day window,
the
client will be responsible for any fees related to replacing
the lost formation documents, though MNC will provide
assistance in the process.
Any and all fees paid to the Secretary of State or
local correspondents cannot
be refunded under any circumstances. If the corporation
is deficiently formed and/or an error is made on the
part of MNC, MNC will undertake reasonable efforts to
cure and amend any necessary documentation, or will
refund the fees paid to MNC (and possibly to the applicable
state entity) at the sole discretion of MNC.
In
addition, while MNC will go to reasonable efforts
to accommodate our customers, mechanical or human
error
may occur. Thus, if for any reason your incorporation
request, LLC formation request, or other preparation
request is unreasonably delayed, destroyed, misplaced,
or otherwise missing, MNC WILL NOT BE RESPONSIBLE
FOR
ANY CONSEQUENTIAL, INCIDENTAL, OR COMPENSATORY DAMAGES.
YOUR SOLE REMEDY WITH MNC WILL BE A COMPLETE REFUND
OF ANY AND ALL FEES PAID TO MNC FOR OUR SERVICES. ACCEPTANCE OF THIS AGREEMENT CONSTITUTES
A WAIVER OF ANY AND ALL RIGHTS AND REMEDIES AT LAW OR
EQUITY.
A $25 fee will be added to all checks returned to
MNC due to non-sufficient funds or closed accounts plus any and all other collections fees or cost
incurred by MNC.
In addition, a bank service fee will be charged on these
checks.
All chargeback attempts on a credit card you have
utilized for our services will be sent to collections
with a $50 fee. A chargeback is when you contact
your financial institution or bank with the intent of
canceling a service without first contacting us. Per
your cardholder agreement with your credit card company,
you are to dispute charges with the merchant first.
MNC will never improperly decline a refund request.
MyNewCompany.com, Inc., its agents, representatives
and employees specifically disclaim any warranty beyond
the limited warranty stated above, whether express or
implied, including the implied warranties of merchantability
and fitness for purpose. Under no circumstances will
MNC, its advisors, agents, representatives and employees
be liable or responsible for any damage or inconvenience
caused or alleged to be caused by the use of our services.
MNC may modify these terms of use at any time by
making such modification on this page.
BY USING THIS SITE AND/OR ANY SERVICES RELATED THERETO,
YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO
THE TERMS OF USE.
Thank you for choosing MyNewCompany.com, Inc. as
your filing service. Feel free to contact us with any
questions or concerns regarding this disclaimer.
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