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Website
Terms of Use Agreement
Welcome to our Website. By using our site,
you are agreeing to comply with and be bound by the
following terms of use. Please review the following
terms carefully. If you do not agree to these terms,
you should not use this site. The terms “MyNewCompany.com”
or “us” or “we” or “our” refer to MyNewCompany.com,
Inc., the owner of the Web site. The term “you”
refers to the user or viewer of our Web Site.
1. Acceptance
of Agreement.
You agree to the terms and conditions outlined in
this Terms of Use Agreement ("Agreement")
with respect to our site (the "Site"). This
Agreement constitutes the entire and only agreement
between us and you, and supersedes all prior or contemporaneous
agreements, representations, warranties and understandings
with respect to the Site, the content, products or services
provided by or through the Site, and the subject matter
of this Agreement. This Agreement may be amended at
any time by us without specific notice
to you. The latest Agreement will be posted on the Site,
and you should review this Agreement prior to using
the Site.
2. Copyright.
The content, organization, graphics, design, compilation,
magnetic translation, digital conversion and other matters
related to the Site are protected under applicable copyrights,
trademarks and other proprietary (including but not
limited to intellectual property) rights. The copying,
redistribution, use or publication by you of any such
matters or any part of the Site, except as allowed by
Section 4 below, is strictly prohibited. You do not
acquire ownership rights to any content, documents or
other materials viewed through the Site. The posting
of information or materials on the Site does not constitute
a waiver of any right in such information and materials.
Some of the content on the site is the
copyrighted work of third parties, and the posting of such work does not create
any rights, title or interest in such work in the viewer.
3. Service Marks.
"MyNewCompany.com™", “Small Business Made
Simple™”, “EasyCorp™”, “EasyLLC™” and others are our
service marks or registered service marks or trademarks.
Other product and company names mentioned on the
Site may be trademarks of their respective owners.
4. Limited License;
Permitted Uses.
You are granted a non-exclusive, non-transferable,
revocable license (a) to access and use the Site strictly
in accordance with this Agreement; (b) to use the Site
solely for internal, personal, non-commercial purposes;
and (c) to print out discrete information from the Site
solely for internal, personal, non-commercial purposes
and provided that you maintain all copyright and other
policies contained therein. No print out or electronic
version of any part of the Site or its contents may
be used by you in any litigation or arbitration matter
whatsoever under any circumstances.
5. Restrictions
and Prohibitions on Use.
Your license for access and use of the Site and any
information, materials or documents (collectively defined
as “Content and Materials”) therein are subject to the
following restrictions and prohibitions on use: You
may not (a) copy, print (except for the express limited
purpose permitted by Section 4 above), republish, display,
distribute, transmit, sell, rent, lease, loan or otherwise
make available in any form or by any means all or any
portion of the Site or any Content and Materials retrieved
therefrom; (b) use the Site or any materials obtained
from the Site to develop, of as a component of, any
information, storage and retrieval system, database,
information base, or similar resource (in any media
now existing or hereafter developed), that is offered
for commercial distribution of any kind, including through
sale, license, lease, rental, subscription, or any other
commercial distribution mechanism; (c) create
compilations or derivative works of any Content and
Materials from the Site; (d) use any Content and Materials
from the Site in any manner that may infringe any copyright,
intellectual property right, proprietary right, or property
right of us or any third parties; (e) remove, change
or obscure any copyright notice or other proprietary
notice or terms of use contained in the Site; (f) make
any portion of the Site available through any timesharing
system, service bureau, the Internet or any other technology
now existing or developed in the future; (g) remove,
decompile, disassemble or reverse engineer any Site
software or use any network monitoring or discovery
software to determine the Site architecture; (h) use
any automatic or manual process to harvest information
from the Site; (i) use the Site for the purpose of gathering
information for or transmitting (1) unsolicited commercial
email; (2) email that makes use of headers, invalid
or nonexistent domain names, or other means of deceptive
addressing; and (3) unsolicited telephone calls or facsimile
transmissions; (j) use the Site in a manner that violates
any state or federal law regulating email, facsimile
transmissions or telephone solicitations; and (k) export
or re-export the Site or any portion thereof, or any
software available on or through the Site, in violation
of the export control laws or regulations of the United
States.
6. Forms, Agreements
& Documents
We may make available through the Site or through
other Web sites sample and actual forms, checklists,
business documents and legal documents (collectively,
“Documents”). All Documents are provided on a
non-exclusive license basis only for your personal one-time
use for non-commercial purposes, without any right to
re-license, sublicense, distribute, assign or transfer
such license. Documents are provided for a charge
and without any representations or warranties,
express or implied, as to their suitability, legal effect,
completeness, currentness, accuracy, and/or appropriateness.
THE DOCUMENTS ARE PROVIDED “AS IS”, “AS AVAILABLE”,
AND WITH “ALL FAULTS”, AND WE AND ANY PROVIDER OF THE
DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT
LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. The Documents may be
inappropriate for your particular circumstances. Furthermore,
state laws may require different or additional provisions
to ensure the desired result. You should consult
with legal counsel to determine the appropriate legal
or business documents necessary for your particular
transactions, as the Documents are only samples and
may not be applicable to a particular situation. Some
Documents are public domain forms or available from
public records. Provision of the Documents does not constitute
the provision of Legal Advice and no Legal Advice is hereby intended.
7. No Legal Advice
or Attorney-Client Relationship.
Information contained on or made available through
the Site is not intended to and does not constitute
legal advice, recommendations, mediation or counseling
under any circumstance and no attorney-client relationship
is formed. We do not warrant or guarantee the
accurateness, completeness, adequacy or currency of
the information contained in or linked to the Site.
Your use of information on the Site or materials
linked to the Site is entirely at your own risk. We
are not a law firm and the Site is not a lawyer referral
service. In fact, if you have legal questions, you should
consult competent legal counsel to ensure the appropriateness, completeness,
adequacy or currency of the Documents provided.
8. Linking to
the Site.
You may provide links to the Site, provided (a) that you do
not remove or obscure, by framing or otherwise, advertisements, the copyright
notice, or other notices on the Site, (b) your site does not engage in any
illegal or pornographic activities, (c) your site does not bring the Site in
disrepute or aid in its unlawful replication, and (d) you discontinue providing
links to the Site immediately upon request by us.
9. Advertisers.
The Site may contain advertising and sponsorships.
Advertisers and sponsors are responsible for ensuring
that material submitted for inclusion on the Site is
accurate and complies with applicable laws. We
are not responsible for the illegality or any error,
inaccuracy or problem in the advertiser’s or sponsor’s
materials. We make no warranty regarding any
representations made by any Advertiser or Sponsor.
10. Registration.
Certain sections of, or offerings from, the Site
may require you to register. If registration is
requested, you agree to provide us with accurate, complete
registration information. Your registration must
be done using your real name and accurate information.
Each registration is for your personal use only
and not on behalf of any other person or entity. We
do not permit (a) any other person using the registered
sections under your name; or (b) access through a single
name being made available to multiple users on a network.
You are responsible for preventing such unauthorized
use.
11. Errors, Corrections
and Changes.
We do not represent or warrant that the Site will
be error-free, free of viruses or other harmful components,
or that defects will be corrected. We do not represent
or warrant that the information available on or through
the Site will be correct, accurate, timely or otherwise
reliable. We may make changes to the features,
functionality or content of the Site at any time. We
reserve the right in our sole discretion to edit or
delete any documents, information or other content appearing
on the Site.
12. Third Party Content.
Third party content may appear on the Site or may
be accessible via links from the Site. We are
not responsible for and assume no liability for any
mistakes, misstatements of law, defamation, omissions,
falsehood, obscenity, pornography or profanity in the
statements, opinions, representations or any other form
of content on the Site. You understand that the
information and opinions in the third party content
represent solely the thoughts of the author and is neither
endorsed by nor does it necessarily reflect our belief.
13. Unlawful Activity.
We reserve the right to investigate complaints or
reported violations of this Agreement and to take any
action we deem appropriate, including but not limited
to reporting any suspected unlawful activity to law
enforcement officials, regulators, or other third parties
and disclosing any information necessary or appropriate
to such persons or entities relating to your profile,
email addresses, usage history, posted materials, IP
addresses and traffic information. We are not required to disclose information
which may be released as a result of subpoena or a request from a government
investigatory branch or office.
14. Indemnification.
You agree to indemnify, defend and hold us and our
partners, agents, officers, directors, employees, subcontractors,
successors, assigns, third party suppliers of information
and documents, attorneys, advertisers, product and service
providers, and affiliates (collectively, "Affiliated
Parties") harmless from any liability, loss, claim
and expense, including reasonable attorney's fees, related
to your violation of this Agreement or use of the Site.
15. Nontransferable.
Your right to use the Site is personal
and not transferable or
assignable. Any password or right given to you to obtain
information or documents is not transferable or assignable.
Any attempted transfer shall be void.
16. Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH
THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE,"
WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED,
ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER
OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES
MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER
FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS
PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS
A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES
ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS
OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE),
WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE
ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN
BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES,
DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED
WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH
THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION
OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED
BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING
A FORM OR DOCUMENT IS DISCLAIMED.
17. Limitation of Liability
(a) We and any Affiliated
Party shall not be liable for any loss, injury, claim,
liability, or damage of any kind resulting in any way
from (a) any errors in or omissions from the Site or
any services or products obtainable therefrom, (b) the
unavailability or interruption of the Site or any features
thereof, (c) your use of the Site, (d) the content contained
on the Site, or (e) any delay or failure in performance
beyond the control of a Covered Party.
(b) THE AGGREGATE LIABILITY
OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH
ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR
THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED
HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT
SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY
HAVE AGAINST US AND ANY AFFILIATED PARTY. IF WE REFUND ANY MONEY FOR ANY REASON, THEN
ACCEPTANCE OF SUCH REFUND SHALL CONSTITUTE A WAIVER OF ANY AND ALL CLAIMS, RIGHTS
OR CAUSES OF ACTION.
18. Use of Information.
We reserve the right, and you authorize us, to the
use and assignment of all information regarding Site
uses by you and all information provided by you in any
manner consistent with our Privacy Policy. All remarks,
suggestions, ideas, graphics, or other information communicated
by you to us (collectively, a "Submission")
will forever be our property. We will not be required
to treat any Submission as confidential, and will not
be liable for any ideas (including without limitation,
product, service or advertising ideas) and will not
incur any liability as a result of any similarities
that may appear in our future products, services or
operations. Without limitation, we will have exclusive
ownership of all present and future existing rights
to the Submission of every kind and nature everywhere.
We will be entitled to use the Submission for any commercial
or other purpose whatsoever, without compensation to
you or any other person sending the Submission. You
acknowledge that you are responsible for whatever material
you submit, and you, not us, have full responsibility
for the message, including its legality, reliability,
appropriateness, originality, and copyright.
19. Third-Party Services.
We may allow access to or advertise certain third-party
product or service providers ("Merchants")
from which you may purchase certain goods or services.
You understand that we do not operate or control the
products or services offered by Merchants. Merchants
are responsible for all aspects of order processing,
fulfillment, billing and customer service. We are not
a party to the transactions entered into between you
and Merchants. You agree that use of or purchase from
such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES
OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING
WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY
OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE
FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN
YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON
MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
20. Third-Party Merchant
Policies.
All rules, policies (including privacy policies)
and operating procedures of Merchants will apply to
you while on any Merchant sites. We are not responsible
for information provided by you to Merchants. We and
the Merchants are independent contractors and neither
party has authority to make any representations or commitments
on behalf of the other.
21. Privacy Policy.
Our Privacy Policy, as it may change from time to
time, is a part of this Agreement. You must review
this Privacy Policy by clicking on this
link.
22. Payments.
You
represent and warrant that if you are purchasing
something from us or from Merchants that (i) any
credit
information you supply is true and complete, (ii) charges
incurred by you will be honored by your credit
card
company, and (iii) you will pay the charges incurred
by you at the posted prices, including any applicable
taxes. You hereby indemnify us from
all costs, expenses, damages and fees, including but not
limited to attorneys’ fees,
arising out of your failure to pay or
the provision of inaccurate
credit information. We will charge interest on
overdue and unpaid
accounts.
23. Securities Laws.
The Site may include statements concerning our operations,
prospects, strategies, financial condition, future economic
performance and demand for our products or services,
as well as our intentions, plans and objectives (particularly
with respect to product and service offerings), that
are forward-looking statements. These statements are
based upon a number of assumptions and estimates which
are subject to significant uncertainties, many of which
are beyond our control. When used on our Site, words
like "anticipates," "expects," "believes,"
"estimates," "seeks," "plans,"
"intends," "will" and similar expressions
are intended to identify forward-looking statements
designed to fall within securities law safe harbors
for forward-looking statements. The Site and the information
contained herein does not constitute an offer or a solicitation
of an offer for sale of any securities. None of the
information contained herein is intended to be, and
shall not be deemed to be, incorporated into any of
our securities-related filings or documents.
24. Links to other Web
Sites.
The Site contains links to other Web sites. We are
not responsible for the content, accuracy or opinions
expressed in such Web sites, and such Web sites are not
investigated, monitored or checked for accuracy or completeness
by us. Inclusion of any linked Web site on our Site
does not imply approval or endorsement of the linked
Web site by us. If you decide to leave our Site and
access these third-party sites, you do so at your own
risk.
25. Copyrights and Copyright
Agents.
We respect the intellectual property of others, and
we ask you to do the same. If you believe that your
work has been copied in a way that constitutes copyright
infringement, please provide our Copyright Agent the
following information:
a. An electronic
or physical signature of the person authorized to act
on behalf of the owner of the copyright interest;
b. A
description of the copyrighted work that you claim has
been infringed;
c. A
description of where the material that you claim is
infringing is located on the Site;
d. Your
address, telephone number, and email address;
e. A
statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright
owner, its agent, or the law; and
f. A
statement by you, made under penalty of perjury, that
the above information in your Notice is accurate and
that you are the copyright owner or authorized to act
on the copyright owner's behalf.
Our
Copyright Agent for Notice of claims of copyright
infringement on the Site can be reached by directing
an e-mail to the Copyright Agent at info@mynewcompany.com
.
26. Information and
Press Releases.
The Site contains information and press releases
about us. We disclaim any duty or obligation to update
this information or any press releases. Information
about companies other than ours contained in the press
release or otherwise, should not be relied upon as being
provided or endorsed by us.
27. Legal Compliance.
You agree to comply with all applicable domestic
and international laws, statutes, ordinances and regulations
regarding your use of the Site and the Content and Materials
provided therein.
28. Refund and Return
Policy.
(For
our incorporation, LLC Formation and other filing
services, please click
here to review
our refund policy). To the extent that you purchase
any goods or services directly from us, we will refund
you your purchase price within 30 days of you
notifying
us in writing of your desire for the refund, together
with the reason for the request, with the product
or
service returned to us in substantially the same condition
as when purchased. Please note , however, that
certain
products and services mentioned on our site are sold
by third parties or are linked to third party
Web sites,
and we have no responsibility or liability for those
products or services. You may request a refund
by contacting
us by email at support@mynewcompany.com.
You may obtain any additional information concerning
our refund and return policy, including our mailing
address, by contacting us at support@mynewcompany.com
or clicking
here.
29. Miscellaneous.
This Agreement shall be treated as though it were
executed and performed in Las Vegas, Nevada, and shall
be governed by and construed in accordance with the
laws of the State of Nevada (without regard to conflict
of law principles). Any cause of action by you with
respect to the Site (and/or any information, Documents,
products or services related thereto) must be instituted
within one (1) year after the cause of action arose
or be forever waived and barred. All actions shall be
subject to the limitations set forth in Section 16 and
Section 17. The language in this Agreement shall be
interpreted as to its fair meaning and not strictly
for or against any party. This Agreement and all incorporated
agreements and your information may be automatically
assigned by us in our sole discretion to a third party
in the event of an acquisition, sale or merger. Should
any part of this Agreement be held invalid or unenforceable,
that portion shall be construed consistent with applicable
law and the remaining portions shall remain in full
force and effect. To the extent that anything in or
associated with the Site is in conflict or inconsistent
with this Agreement, this Agreement shall take precedence.
Our failure to enforce any provision of this Agreement
shall not be deemed a waiver of such provision nor of
the right to enforce such provision. Our rights
under this Agreement shall survive any termination of
this Agreement. The rule of construction of construing against
the drafter does not apply to this Agreement.
30. Arbitration.
Any legal controversy or legal claim arising out
of or relating to this Agreement or our services, excluding
legal action taken by us to collect or recover damages
for, or obtain any injunction relating to, Site operations,
intellectual property, and our services, shall be settled
solely by binding arbitration in accordance with the
commercial arbitration rules of JAMS. Any such
controversy or claim shall be arbitrated on an individual
basis, and shall not be consolidated in any arbitration
with any claim or controversy of any other party. The
arbitration shall be conducted in Las Vegas, Nevada,
and judgment on the arbitration award may be entered
into any court having jurisdiction thereof. Either
you or us may seek any interim or preliminary relief
from a court of competent jurisdiction in Las Vegas,
Nevada necessary to protect the rights or property
of you and us pending the completion of arbitration.
Each party shall bear one-half of the arbitration
fees and costs incurred through JAMS.
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