Privacy Policy
We at Mycompanyformation.co.uk,
have designed our business practices to safeguard your privacy.
PLEASE READ THIS LEGAL
DISCLAIMER AND TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OUR WEBSITE OR USING
OUR SERVICES
A visitor to the
Website (as defined below), current Customer (as defined below) or prospective
Customer is subject to this Legal Disclaimer and Terms of Service (“Terms”
, as
set forth below.
You and Us
Welcome to My Company Formation (“Transitio
Technologies Limited”, the “Company,” “we,” “us,” and “our”). Forma
are Transition Technologies Limited. We provide our
services (“Services”) online, including via our website at
We use the term “User” or “you” or “your” or “Visi
“Customer” to mean any past, current, or prospective customer of our Servi
es
as well as any visitor to the Website. These Terms apply to each Customer.
There will be no fees for Customers to use the Services unless stated
explicitly in these Terms or in other notices from My Company Formation to
Customers such as information on the Website.
These Terms govern your access to and use of our Services.
By accessing or using the Services (including accessing the Website), you agree
to be bound by these Terms as if these Terms were signed by you in ink on a
hard-copy agreement. We may also ask you to confirm that you agree to these
Terms, including by taking particular actions, such as clicking a button
labelled “I Agree” or “Buy Now” or using the Services.
personally-identifiable information about you or anyone else may be stored on
or through the Services (“Personal Data”). So long as you are a Customer,
Company Formation hereby grants you permission to use the software (“Softwa
re”
included in the Website as part of the Services. Your right to use the Software
is revocable by My Company Formation, and is not sublicensable.
Moreover, the Software must be used solely for personal use by you.
The information provided in the Website or via any other
means of transmission from My Company Formation is not legal advice, but
general information. The content contained on the Website or information
contained in any other transmission from My Company Formation is subject to
these Terms.
My Company Formation reserves the right to change or update
these Terms at any time. Changes or updates of these Terms will appear on the
Website and/or be communicated to Customer and are effective immediately. Use
of the Website or receipt of Services after any such changes constitutes your
consent to such changes and updates.
Informational Purposes Only
The purpose and intent of My Company Formation is to provide
you with general information, and not to provide any specific advice (legal or
otherwise). The information presented is provided solely for informational
purposes and constitutes an advertisement for services. My Company Formation does
not wish to represent anyone desiring legal representation based upon viewing
the Website or information provided via email, facsimile, phone conversation,
or any other form of transmission. Visitors or recipients of this information
should not act upon this information without consulting with legal counsel.
None of the information on the Website constitutes professional or legal advice
or a recommendation by My Company Formation, its representatives, agents, or
otherwise. My Company Formation operates exclusively at CustomerÂ’s directio
and does not offer legal, tax or accounting advice or services, and no
information provided by My Company Formation constitutes legal, tax, or
accounting advice.
The transmission and receipt of materials provided by My
Company Formation is not intended to and does not create an attorney-client
relationship. Also, providing any of the information made available at the
Website or via other forms of transmission does not create a business, legal,
or professional relationship.
Information Provided As-Is
Information obtained from My Company Formation or the
Website should NOT be used as a substitute for legal advice from an attorney.
It is provided “as is”, is not guaranteed to be correct, complete
up-to-date, and My Company Formation expressly disclaims all warranties and
disclaims any and all liability of responsibility for loss, claim, liability,
or damage that is a result of or in any manner related to errors or omissions
in the content provided by My Company Formation or the Website.
Content
Any information, text, graphics, photos or other materials
uploaded, downloaded or appearing in connection with our Services or on our
Website, including all Personal Data, are collectively referred to as
“Content”. When you provide Content to us (“Customer Content”), you warr
to
us that you have all rights necessary to provide your Content to us.
In addition to Customer Content, some of the Content on the
Services and Website is owned by us (“My Company Formation Content”), and
partners and other entities (“Third Party Content”). You may use My Compan
Formation
Content and Third Party Content for your personal use only. Except for Customer
Content, you may not share any Content with any other person or entity without
the prior written permission of the owner of that Content. For example, you
would need to obtain our prior written permission prior to re-posting any My
Company Formation Content to another website or sharing it with others.
We own My Company Formation Content and the Services, and
all intellectual property associated therewith, including copyrights and
trademarks. You may not remove, alter or conceal any copyright, trademark,
service mark or other proprietary rights notices in or accompanying the
Services or any of the Content other than Customer Content. You may not
reproduce, modify, adapt, prepare derivative works based on, perform, display,
publish, distribute, transmit, broadcast, sell, license or otherwise exploit
the Services or any Content, other than Customer Content.
All Content, whether publicly posted or privately
transmitted, is the sole responsibility of the person that originates the
Content. We do not monitor the Content posted via the Services. My Company
Formation will not be liable for any Content, including but not limited to any
errors or omissions in any Content, or any loss or damage of any kind incurred
arising out of the Content or any use of any Content.
Your use of or reliance on any Content or materials posted
on our Website or provided to or obtained by you through the Services is at
your own risk. We do not endorse, support, represent or guarantee the
completeness, truthfulness, accuracy, or reliability of any Content or
communications posted via the Website or in connection with the Services. We do
not endorse any opinions expressed via the Services.
You understand that by using the Services, you may be
exposed to Content that might be offensive, harmful, inaccurate or otherwise
inappropriate, or in some cases, postings or Content that have been mislabeled
or are otherwise deceptive.
You grant My Company Formation and agree to grant My Company
Formation a nonexclusive, perpetual, irrevocable, worldwide, unlimited,
assignable, sublicensable, transferable, fully
paid-up and royalty-free right and license to copy, prepare derivative works
of, improve, distribute, publish, remove, retain, add, process, analyze, use
and commercialize Customer Content in any form, format or process now known or
hereafter discovered, via the Services or otherwise, including but not limited
to any Customer-generated Content, ideas, concepts, techniques or data, without
any further consent by you, and without any notice or compensation to you or to
any third parties (“Content License”). Except for the Content License you
rant
to us, you retain all ownership or other rights you may have to Customer
Content. Prior to providing us with Customer Content, you should retain a copy
of Customer Content in a safe place accessible to you.
You are responsible for your use of the Services, for your
Content, and for the consequences of what you do.
By Customer providing any email address, phone number,
cellular phone number, or any other means of contacting Customer (“Custome
Contact Information”), Customer expressly agrees that My Company Formation
can
contact such Customer via such Customer Contact Information (including via text
messages) for any purpose, including providing information regarding or in
connection with the Services, as well as for marketing purposes.
Minimum Age
You must be at least 18 years old to register with us and
use the Services. You warrant that you have the right, authority and capacity
to enter into these Terms as a binding agreement. If anyone under the age of 18
(“Young Person”) provides any Content to us, the Young Person’s parent
guardian may contact us. We will delete any Content provided by the Young
Person.
Privacy
Certain types of Content you submit to us might reveal your
gender, ethnic origin, nationality, age, religion, sexual orientation, health
information, or other Personal Data about you or others. Each time you use our
Services or submit Personal Data or other Content to us, you confirm your
consent to the collection, storage, processing, use, sharing, and onward
transfer of your Personal Data and any other Personal Data you submit, and all
other Content you provide, as further stated in the version of these Terms and
the version of the Privacy Policy that are current as of the date of your
submission.
Please note, however, that any Personal Data, or other
Content or data collected, stored or processed by a partner or a third party is
subject to the privacy policy or agreements of that partner or third party. We
are not responsible for the privacy practices, security, or other aspects or
processes of any partner or third party, except as expressly stated in the
current version of these Terms and the current version of the Privacy Policy.
We also reserve the right to access, read, preserve, and
disclose any Content, data or other information (including Personal Data) as we
reasonably believe is necessary to (i) satisfy any
applicable law, regulation, legal process or governmental request; (ii) enforce
the Terms, including investigation of potential violations hereof; (iii)
detect, prevent, or otherwise address fraud, security or technical issues; (iv)
respond to Customer support requests; or (v) protect the rights, property or
safety of My Company Formation, the Services, our customers and the general
public.
Third-party Sites
The Website contains links to servers maintained by other
businesses and organizations, which exist independently from My Company Formation
or the Website. My Company Formation cannot provide any warranty about the
accuracy or source of the information contained on any of these servers or the
content of any file a Customer might download from these sites. No such third
party is endorsed or recommended by us by virtue of the fact that links to
their servers appear on the Website. All accessing and downloading of material
from such third party sites is at the CustomerÂ’s own risk, for which My Com
pany
Formation is not responsible or liable in any way.
All third party
information is provided without any warranty, express or implied, as to its
legal effect and completeness.
For the avoidance of doubt, all charges imposed by such
third parties - including but not limited to auto-renew fees for registered
agent and/or any other services - cannot be reversed, discounted or in any way
altered after those charges have been applied to your account.
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE
DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED
OR FEEL HARMED BY MY COMPANY FORMATION, THE SERVICES, OR ANYTHING RELATED TO
THE SERVICES, YOU MAY STOP USING THE SERVICES. TERMINATION IS YOUR SOLE AND
EXCLUSIVE REMEDY. IN PARTICULAR, WE DISCLAIM THAT THE SERVICES WILL RESULT IN
ANY PARTICULAR FINANCIAL BENEFIT OR OTHER BENEFIT OR SUCCESS TO CUSTOMERS IN
ANY WAY.
WE NEITHER WARRANT NOR REPRESENT THAT YOUR
USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. WE DO NOT
GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR WITHOUT
ERRORS. THE OPERATION OF THE SERVICES, INCLUDING THE WEBSITE, MAY BE
INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE
DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS.
FURTHERMORE, WE DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONS, IMPOSSIBILITY OF
ACCESS, OR POOR USE CONDITIONS OF THE SERVICES DUE TO INAPPROPRIATE EQUIPMENT,
DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE
INTERNET OR ANY OTHER NETWORK, AND FOR ANY OTHER REASON.
Cancellation Policy and Termination
My Company Formation may, at its sole discretion, refuse or
cancel existing Services to any person or entity for any reason, including for
misuse of My Company Formation promotions. For example, if My Company Formation
were to offer a promotion (such as a promotion on state incorporation), such
promotion can only be used once by a Customer and attempting to use such
promotion more than once by the same Customer is misuse of My Company Formation
promotions. In such a case, My Company Formation reserves the right to refuse
service or cancel any orders in which a Customer is misusing an
My Company Formation promotion by attempting to use such promotion a second
time or more. My Company Formation is not responsible for any damage or loss
that may result from My Company Formation refusal or cancellation of Services
for any reason.
An order is generally refundable
until payment is forwarded to any government entity, such as a state or the
U.S. federal government or untill we have not initiated the formation process
which includes buying a virtual mailing address or registered agent services etc (typically within 12 hours after an order is placed),
less a $50.00 cancellation fee and less any other expenses which have been paid
or incurred in furtherance of an order, including payments to any entities,
including state agencies or the Federal government or third party vendors. Once
payment has been forwarded to any government entity or third party, My Company
Formation cannot accept any cancellations or any other changes to an order. Instructions
to cancel an order or any other changes to an order cannot be accepted by
telephone or email. My Company Formation does not dispute legitimate
chargebacks. If, however, an illegitimate or improper chargeback (e.g., a
chargeback requested after payment by My Company Formation to a government entity or
third party, or after a trademark search has been conducted) is submitted, My
Company Formation reserves
the right to take any actions My Company Formation deems appropriate at My
Company FormationÂ’s
sole
discretion. Such actions by My Company Formation include, but are not limited to, cancelling
subscriptions or other Services and the dissolution of any entity formed for
which payment was charged back or disputed by Customer. Customer shall be
liable to My Company Formation for all costs incurred by My Company Formation in dissolving such legal
entity. If My Company Formation is unable or unwilling to dissolve such entity, or if payment was made
to the U.S. Patent and Trademark Office for a trademark filing, Customer agrees
to dissolve such entity promptly or abandon the trademark filing, at the
request by My Company Formation, or be liable to My Company Formation for liquidated damages in the amount of five
hundred U.S. dollars (US$500) plus any and all costs incurred by My
Company Formation to
collect the liquidated damages and dissolve the legal entity, including court
costs, arbitration costs, legal fees, and collection costs to the extent not
prohibited by applicable law. My Company Formation reserves the right to dissolve
any legal entity which is fraudulently formed by any person who uses a third
partyÂ’s name without authorization from such third party to form the lega
entity, and any person who forms such legal entity shall be liable to My
Company Formation for
liquidated damages in the amount of ten thousand U.S. dollars (US$10,000) plus
any and all costs incurred by My Company Formation to collect the liquidated
damages and dissolve the legal entity, including court costs, arbitration
costs, legal fees, and collection costs to the extent not prohibited by
applicable law.
We may terminate these Terms for any reason or no reason, at
any time, with or without notice. Any termination by us shall be effective
immediately or as may be specified in our notice.
We may restrict, suspend or block the access of any Customer
who abuses or misuses the Services. Misuse includes, among other things,
infringing any intellectual property rights, using any functionality, feature
or capability of the Services to generate, support or transmit any form of
spam, engaging in any behavior or activity that we asked you not to do, or any
other behavior that we, in our sole discretion, deem contrary to the mission
and purpose of My Company Formation and the Services.
Upon termination, you may lose access to some or all of the
Services. We may block access to the Services from an Internet Protocol (“I
P”
address or range of IP addresses associated with those of terminated Customers.
Upon termination, all licenses and other rights granted to you by us in these
Terms will immediately cease, but any licenses you have granted to us will
survive termination regardless of the reason for such termination. In addition,
any fees invoiced to you prior to termination that have not been paid will
continue to be due in accordance with these Terms, and no refunds shall be
provided for payments previously made.
Auto-renewal Services and Price Changes
Services provided by My Company Formation may automatically
renew to keep a CustomerÂ’s legal entity in compliance with state or othe
government requirements. A current and active credit card on file will be
charged by My Company FormationÂ’s registered agent partner (e.g., Registere
Agent Inc.), for the annual renewal of the Registered Agent service. The
current Registered Agent service annual renewal fee is available on the Website
and the Customer Dashboard (see Website). Customer has the option to cancel the
Registered Agent service at any time by assigning a new registered agent with
state and notifying My Company Formation of the change. If such notification is
not provided to My Company Formation by the expiration date of the existing
Registered Agent service, My Company Formation may automatically renew these Services.
If My Company Formation is unable to complete an auto-renewal due to payment
failure, My Company Formation may, at its sole discretion, cancel the
Registered Agent service. Credit card information held for purposes of
automatic renewal and subscription Services by My Company Formation will not used for other purposes without Customer consent and
permission. My Company Formation and My Company FormationÂ’s registered agen
partner (e.g., Registered Agent Inc.),) implement reasonable safeguards to
protect Customer data pursuant to the Privacy Policy. All prices for Services
advertised on My Company Formation are subject to change at any time without
notice.
Lawful Use
Customer hereby agrees, represents, and confirms that
Customer will not use the information presented, products, Services or
materials purchased from or provided by My Company Formation to commit fraud or
any other illegal act or crime; to mispresent
identity or legal purpose; to misrepresent, misstate, or falsify information on
legal documentation; to misrepresent or mistake any fact; or in any other
unlawful, illegal or improper manner. Customer hereby agrees to be responsible
for any costs, including legal fees, incurred by My Company Formation in the
event Customer fails to conform to this requirement. Customer hereby accepts
full liability and shall indemnify, defend and hold My Company Formation, its
owners, agents, employees, representatives, and providers harmless from any and
all damages, claims, demands, judgments, expenses, and causes of action
asserted against My Company Formation by any person or local, state or federal
government agency arising from or out of any event, circumstance, act or
incident resulting from CustomerÂ’s use or misuse of the information present
ed,
or products, Services or materials provided by My Company Formation.
Customer hereby agrees and confirms to give My Company
Formation complete authority to sign documents on CustomerÂ’s behalf for th
purpose of, and not limited to, completing any order or modification thereof on
CustomerÂ’s behalf.
As a condition to your right to access the Website and to
use the Services, you agree to these Terms, including agreeing to comply with
all applicable laws, including, without limitation, privacy laws, intellectual
property laws, export control laws, tax laws, and regulatory requirements and
to provide accurate information to us and update it as necessary. You also
agree to review our Privacy Policy, which may change from time to time as well
as review and comply with notices sent by us concerning the Services.
You also agree to not act dishonestly, inappropriately or
unprofessionally by posting inappropriate, inaccurate, or objectionable
Content. Furthermore, you agree not to use software, devices, scripts, robots
or other means or processes to access, “scrape,” “crawl” or “spider” a
pages or other part of the Services. You will also not override any security
component included in or underlying the Services.
Post-Formation Information and Maintenance
Customer acknowledges that Customer
is solely responsible for the post-formation maintenance, reporting, filings,
and any other documentation required to maintain formation status and/or legal,
tax or other required compliance with applicable federal, state or local
government agencies or oversight commissions. Customer acknowledges that My
Company Formation may provide Customer with information regarding
post-formation maintenance. My Company Formation may provide updates,
notifications and/or reminders to the postal address or email address or
cellular telephone number provided by Customer or as a post or alert to
Customer's online account (if applicable) solely
as a courtesy and such does not create any liability on the part of My Company
Formation. My
Company Formation is not responsible for: (i)
CustomerÂ’s action or inaction based on any information provided via email
facsimile, cellular phone text, phone conversation, website posting, alert, or
any other form of transmission or communication; (ii) CustomerÂ’s failure o
inability to receive or access the information; or (iii) My Company FormationÂ’
decision, in its sole discretion, to cease providing such information. My
Company Formation makes no representation or warranty as to the
comprehensiveness or timeliness of the information. Customer acknowledges that it is Customer's sole
responsibility to comply with all applicable state, local, federal, or
international laws.
Limitation of Liability
CUSTOMER HEREBY AGREES THAT IN NO
EVENT SHALL MY COMPANY
FORMATION BE LIABLE FOR ANY DAMAGE,
LOSS, CLAIM, INJURY, OR LIABILITY RESULTING FROM YOUR USE OF THE WEBSITE OR
ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR INFORMATION PROVIDED BY MY COMPANY FORMATION (INCLUDING, BUT
NOT LIMITED TO, LOST PROFITS, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,
COMPENSATORY, OR CONSEQUENTIAL DAMAGES).
TO THE EXTENT PERMITTED BY LAW, NEITHER My Company Formation
NOR ANY OF MY COMPANY
FORMATION AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE
FEES, IF ANY, YOU PAID MY COMPANY FORMATION DURING THE CALENDAR YEAR IN WHICH
SUCH EVENT IS CLAIMED TO HAVE OCCURRED, OR USD $100, WHICHEVER AMOUNT IS GREATER.
NEITHER My COMPANY FORMATION NOR ANY OF MY COMPANY FORMATION AFFILIATES SHALL BE
LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES
OR LOSS OF USE, PROFIT, REVENUE OR DATA TO YOU, ANY ENTITY, OR ANY THIRD
PERSON. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER (I) YOU
BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, (II) WE
KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR (III) THE
LIMITED REMEDIES PROVIDED IN THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.
Waiver and Release
Customer hereby waives, discharges, and releases My Company Formation of
any and all claims, losses, demands, or liability of any kind against My Company Formation,
its owners, partners, affiliates, representatives, employees, agents,
licensors, suppliers, and any other third party providers, whether known,
unknown, disclosed or undisclosed, arising out of or in any way connected with
your use of the information or Services of My Company Formation.
Customer also acknowledges and agrees that when third
parties provide fulfillment services on My Company Formation 's behalf and such services
have been appropriately charged to Customer, including auto-renew fees, such
fulfillment services cannot be subject to any type of refund and/or discount
after charges for those services have been applied to the Customer's account.
Indemnification
Customer hereby agrees to indemnify, defend and hold
harmless My Company
Formation, its owners, partners, affiliates, representatives, employees,
agents, licensors, suppliers, and any other third party providers, from and
against all claims, losses, expenses, damages and costs, including but not
limited to legal costs and fees, arising out of or in any way connected with
CustomerÂ’s use of the information or Services of My Company Formation. Cust
omer
hereby agrees to indemnify, defend and hold harmless My Company Formation, its owners,
representatives, and employees, from and against all claims, losses, expenses,
damages and costs, including but not limited to legal costs and fees, arising
out of or in any way connected to Services provided by an affiliate, partner,
supplier, third party provider or vendor including but not limited to any act,
omission, negligence, or error by such affiliate, partner, supplier, third
party provider or vendor.
You agree to defend, indemnify and hold My Company Formation and
its partners, as well as any of our respective subsidiaries, affiliated
companies, officers, employees, members, directors, or service providers (“
My Company Formation Affiliates”
harmless from and against any claims, liabilities, damages, losses, and
expenses, including without limitation, reasonable attorneyÂ’s fees and cost
s,
arising out of or in any way connected with any of the following alleged
activities: (i) your Content or your access to or use
of the Services; (ii) any alleged breach of these Terms; (iii) any breach,
infringement, misappropriation or violation of any third-party right including
without limitation any intellectual property right, publicity right,
confidentiality, property right or privacy right; (iv) your violation of any
laws, rules, regulations, codes, statutes, ordinances or orders of any
governmental and quasi-governmental authorities, including, without limitation,
any regulatory, administrative and legislative authorities; or (v) any
misrepresentation made by you. We ask that you cooperate as reasonably
requested by My Company Formation in the defense of any claim. My Company
Formation reserves the right to assume the exclusive defense and control of any
matter subject to indemnification by you. Customer will not in any event settle
any claim against My Company Formation or My Company Formation Affiliates,
without the prior written consent of My Company Formation, which consent My
Company Formation may refuse in its sole discretion.
Choice of Law and Binding Arbitration
In the event of a dispute between
you and My Company
Formation, please contact My Company Formation customer service for resolution. Any
controversy or claim arising out of or relating to the use of the Website,
information provided on the Website, or via any other means of transmission
from My Company Formation,
or advertisement for Services, or any dispute in connection with these Terms or
provision of Services by My Company Formation, or with respect to any other
products, services, or materials provided by My Company Formation, or
CustomerÂ’s use of the information provided on the Website, shall be submitt
ed
for final and binding arbitration (or online dispute/arbitration resolution) to
a single arbitrator, provided that: (1) the arbitrator has at least five (5)
years of expertise in the field relevant to the nature of the dispute and; and
(2) the arbitrator is not or has not been a contract agent or a former employee
of either party. In the event the parties are unable to agree on a single
arbitrator who meets the qualifications set forth above, then an arbitrator
shall be appointed by and/or under the rules of the American Arbitration
Association (“AAA”) within ten (10) days of the date on which a party see
assistance from the AAA in selection of a neutral arbitrator. The arbitration
shall be conducted in accordance with the Commercial Rules and procedures of
the AAA, and shall take place in Houston, Texas or in a location otherwise
mutually agreed upon by the parties or via an online forum pursuant to online
dispute or arbitration resolution processes. The parties further agree that:
(1) the arbitration shall not last more than three (3) days; (2) there shall be
no discovery other than the exchange of information and materials provided to
the arbitrator by each of the parties, for which there shall only be thirty
(30) days to accomplish; (3) the arbitratorÂ’s final decision shall be issue
within ninety (90) days after the date of selection of the arbitrator or within
such period as the parties may otherwise mutually agree; and (4) except as
otherwise expressly stated in these Terms, the arbitrator shall have the
authority only to award equitable relief and direct, actual damages, and shall
not have the authority to award punitive or consequential damages (including,
but not limited to lost profits, special, indirect, incidental, or compensatory
damages). Notwithstanding anything to the contrary in these Terms, the arbitrator
shall have the authority to award liquidated damages and legal fees and costs
and any remedy provided in these Terms in favor of My Company Formation in
situations where a user of the Website has acted fraudulently or willfully
(such as by registering a legal entity under a third party name without the
third partyÂ’s consent), or where a Customer requests a chargeback withou
sufficient justification as determined by My Company Formation at My Company
FormationÂ’s sole discretion or after My Company Formation has paid any thir
party or governmental entity any funds in connection with the order associated
with the chargeback. Each party shall be responsible for an equal sharing of
the fees, expenses and costs incurred by the arbitrator, and each party shall
be responsible for their own costs and any fees of counsel they incur unless
stated otherwise in these Terms. The
decision of the arbitrator shall be final and binding and may not be appealed.
These Terms and any action related thereto are governed by
the law of the State of Texas, and the federal law of the United States of
America, without regard to or application of any conflicts of laws provisions or principles, and without regard of the
location or nationality of a Customer. Any dispute between us or arising out of
these Terms, the Privacy Policy, the Services, or their performance, shall be
determined by one arbitrator in binding arbitration as specified above. The
language of the arbitration shall be English.
To accommodate parties and witnesses that may be distant
from each other, each hearing shall be conducted and all testimony shall be
entered by audio conference or video conference. The award of the arbitrator
shall be final and binding on the parties, and may be entered and enforced in
any court or other tribunal of competent jurisdiction.
Should the arbitrator determine that the dispute is not arbitrable, Customer and My Company Formation consent to
the exclusive jurisdiction and venue of the state and federal courts located in
Houston, Texas, U.S.A.
Nothwithstanding anything to the contrary in these Terms, Infile can, at its sole discretion, choose not to arbitrate
a dispute and can choose to file suit in any state or federal court located in
Houston, Texas. In such a case, Customer and My Company Formation consent to
the exclusive jurisdiction and venue of the state and federal courts located in
Houston, Texas.
General Provisions
Severability. If any provision of these Terms is found by an
arbitrator or court of competent jurisdiction to be illegal, void, or
unenforceable, the provision will be modified so as to render it enforceable
and effective to the maximum extent possible in order to effect the intention
of the parties with respect to the provisions within the context of the overall
Terms. If a court or arbitrator finds the modified provision invalid, illegal, void
or unenforceable, the validity, legality and enforceability of the remaining
provisions of these Terms will not be affected.
Entire Agreement. These Terms constitute the entire, complete and
exclusive agreement between you and us regarding the Services, and supersede
all prior agreements and understandings, whether written or oral, or whether
established by custom, practice, policy or precedent, with respect to the
subject matter of these Terms. You acknowledge that you have had the
opportunity to review these Terms and our Privacy Policy with counsel of your
choice.
No Informal Waivers,
Agreements or Representations. Any
failure to act with respect to a breach of these Terms by one party does not
waive the other partyÂ’s right to act with respect to that breach or subsequ
ent
similar or other breaches. Except as expressly and specifically contemplated by
the Terms, no representations, statements, consents, waivers or other acts or
omissions by either party or its affiliates shall be deemed legally binding
unless expressly and specifically documented in a writing that refers to the
Terms and states expressly the intent to modify or supplement the Terms.
Assignment and
Delegation. You may not assign or delegate
any rights or obligations under the Terms without the prior written permission
of My Company Formation. Any purported assignment and delegation by you will be
ineffective. We may freely assign or delegate some or all of our rights and
obligations under the Terms and Privacy Policy, effective on sending a notice
to you at the email address we have for you, or if we have no email address for
you, by posting a notice of assignment on the Website.
CUSTOMER HEREBY AGREES
THAT CUSTOMER HAS READ AND AGREES WITH THIS LEGAL DISCLAIMER AND TERMS AND
CONDITIONS IN ITS ENTIRETY