Terms of Service
1. I understand and agree that American Startup, Inc. ("ASI") is not a law firm or an attorney, may not perform services performed by an attorney, and its forms or templates are not a substitute for the advice or services of an attorney. Rather, I am representing myself in this legal matter. No attorney-client relationship or privilege is created with ASI.
2. If, prior to my purchase, I believe that ASI gave me any legal advice, opinion or recommendation about my legal rights, remedies, defenses, options, selection of forms or strategies, I will not proceed with this purchase, and any purchase that I do make will be null and void.
3. I understand that these Terms of Service ("Terms") require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to me in the event of a dispute as described in the ASI Arbitration Agreement, contained in Paragraph 14 of these Terms.
4. I UNDERSTAND THAT THE ASI REVIEW OF MY ANSWERS IS LIMITED TO COMPLETENESS, SPELLING, AND FOR INTERNAL CONSISTENCY OF NAMES, ADDRESSES, AND THE LIKE. I WILL READ THE FINAL DOCUMENT(S) BEFORE SIGNING, WHERE APPLICABLE, AND AGREE TO BE SOLELY RESPONSIBLE FOR THE FINAL DOCUMENT(S).
5. Accuracy of Information and Third-Party Consent. To the best of my knowledge, I have provided accurate information to ASI and have obtained all third-party consents required for my order.
6. Electronic Records and Signatures. I give ASI consent to affix an electronic signature where required to file my documents. I understand that I may withdraw my consent, provided my documents have not already been filed with any federal, state, or local agency, by calling ASI at the telephone number listed on the Contact page.
7. Non-English-Speaking Customers. I understand that certain materials on the ASI web site, including but not limited to questionnaires, documents, instructions, and filings, are only available in English. Non-English translations of these Terms, as well as other terms, conditions, and policies, if provided, are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.
8. Limitation of Liability and Indemnification. EXCEPT AS PROHIBITED BY LAW, I WILL HOLD ASI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY ME OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF ASI HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF ASI, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO ME. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.
10. Additional ASI Terms. I understand that my purchase may be subject to additional terms and conditions. I understand that ASI Registered Agent Services, are subject to the supplemental terms for Registered Agent Services, and subscription renewal plans are subject to the subscription and third-party services related thereto. If applicable, I acknowledge that I have read and agree to the supplemental terms, which are incorporated herein by reference.
11. Future Products and Services. If I choose to add a product or service to my order subsequent to this initial purchase, these Terms of Service will apply to that additional product or service purchase as well.
12. Abandoned Orders. My purchase allows me to create my own legal documents. I understand that, other than as required by applicable law, I shall have no right to cancel, request a cash refund or obtain store credit for any undelivered order after 120 days have elapsed from the purchase date. All itemization of fees are displayed for convenience only. Delivered orders shall be governed by the Terms. Both parties acknowledge that ASI is out of pocket time and money for undertaking the work and both parties fully intend to complete the order. Abandoned orders will result in liquidated damages equal to the amount paid to ASI for reimbursement of our commitment to service this order.
13. Suspended Accounts. If ASI encounters evidence of suspicious activity in connection with my account, including, but not limited to, evidence that my account is being used by someone who is not authorized to do so, I acknowledge that ASI in its sole discretion, may opt to temporarily disable my account for a reasonable amount of time in order to investigate. In the event that ASI disables my account, I understand that, absent a subpoena or court order, no information about my account will be provided to anyone outside ASI, including me or any authorized contact, until the investigation is complete. Additionally, I understand that ASI in its sole discretion may decide not to send any documents associated with my account to me or file any such documents with any government authority, while my account is disabled. I acknowledge that ASI will not be liable for any delays caused by these policies and procedures.
14. DISPUTE RESOLUTION BY BINDING ARBITRATION.
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to the customer's satisfaction by calling us at the number listed on the Contact page. In the unlikely event that the we are unable to resolve your complaint to your satisfaction (or if ASI has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitration and class actions are not permitted. While in some instances, upfront costs to file an arbitration claim may exceed similar costs to bring a case in court, for any non-frivolous claim that does not exceed $10,000, ASI will pay one half the costs of the arbitration if the customer makes the election to arbitrate.
BINDING ARBITRATION: In the event of a dispute between you and ASI, which continues after good faith consultations between you and ASI, you agree that your only recourse is to submit your dispute to Arbitration through “ADR” or a similar service in the State of California, County of Los Angeles. All arbitration will be held in the State of California, County of Los Angeles and you agree to be subject to the laws and jurisdiction of the State of California. You further waive the right to pursue a claim elsewhere regardless of the amount disputed and even if it is more convenient for you to resolve the dispute elsewhere. You understand and agree that the Arbitrator’s determination shall be final and binding on you and ASI.
You may speak with your own attorney before using the Site or completing any purchase.
15. Notice of Automatic Billing.
ASI may send a reminder email to the email address of record for my account before my Subscription Billing Dates. I acknowledge and agree that this notice is provided as a courtesy only, and ASI is not obligated or required to provide such notice. I acknowledge and agree that (i) my failure to read, (ii) my inability to receive, or (iii) the failure of ASI to send the email notice does not create any liability on the part of ASI or any third-party service provider.
(f) Disputed Charges. I understand that if I dispute a charge to my credit card, I should call ASI immediately at the number listed on the Contact page and request them to investigate the matter.
(g) Account Information. If I am a Registered Agent subscriber, I agree to notify ASI immediately of any changes to my credit card number, its expiration date, and/or my billing address, or if my credit card expires or is cancelled for any reason. I understand that if my failure to provide ASI with accurate, complete, and current information results in delinquent payments, ASI may restrict my ability to purchase other ASI products, report information about this delinquency to credit bureaus, and/or pursue further collection efforts.
(h) Subscription Products. For all subscription products (including, but not limited to Annual Minutes Service or Registered Agent Subscriptions) ASI reserves the right to terminate access to subscription benefits fifteen (15) days after a missed installment payment.
16. Filing Fees. Except as otherwise noted, I agree to pay all filing and recording fees which may include all mandatory or applicable federal, state, county and local administrative fees, name reservation fees, initial reports, publication notices, capitalization fees, franchise tax fees, expedite fees, certified copy fees, walk-in fees, courier fees and other transactional fees incurred on your behalf by ASI.
17. Legal Forms. If you have purchased a Legal Form from ASI, the following provisions apply to you:
(a) License. ASI grants you a nonexclusive, nontransferable worldwide right to use the legal form(s) you have purchased. This license allows you to access, download, use, and edit the legal form(s) you have purchased for your personal use. You may not: (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise make available to any third party the legal form(s); or (ii) modify, reproduce, reverse engineer, or make derivative works based on, referring to, or exploiting the legal form(s) or its source code, except for modifications to the forms for your personal use. All rights not expressly granted to you are reserved by ASI and its licensors.
(b) No Guarantee. ASI does not guarantee that any Legal Form provided is suitable for a particular purpose, or that any Legal Form provided is accurate, reliable, complete or timely. The Legal Forms provided are for information purposes only, and should not be relied upon as legal advice.
18. Access to World Wide Web; Internet Delays. To use ASI services, I must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. I am responsible for providing all equipment necessary to make such connection to the World Wide Web, including a computer and Internet access. Access to certain ASI services may be limited or delayed based on problems inherent in the use of Internet and electronic communications. I understand that ASI is not responsible for delays, delivery failures, or other damage resulting from such problems.
19. Force Majeure. ASI shall not be considered in breach of or default under these Terms of Service or any contract with me, and shall not be liable to me for any cessation, interruption, or delay in the performance of its obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or 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 similar event beyond our reasonable control, whether foreseen or unforeseen (each a "Force Majeure Event"). If a Force Majeure Event continues for more than 60 days in the aggregate, ASI may immediately terminate these Terms of Service and shall have no liability to me for or as a result of any such termination.
20. Right to refuse. I acknowledge that ASI reserves the right to refuse service to anyone.
21. I acknowledge that ASI is not a registered or bonded legal document assistant under California Business and Profession Code, sections 6400 et seq.
22. I understand that these terms affect my legal rights and obligations. If I do not agree to be bound by all of these terms, I will not use this service. By proceeding with my purchase, I agree to these Terms of Service.
Rev. June 2019