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Nevada Registered Agent Service™ The PREFERRED choice in Registered Agents since 1991 |
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Terms
of Use Agreement
Last updated April 7, 2024
These Terms
of Use constitute a legally binding agreement made between you, whether
personally or on behalf of an entity (“you”) and Nevada
Registered Agent Service™ ("Company", “we”, “us”,
or “our”), concerning your access to and use of the http://nevada-ra.com/ website as
well as any other media form, email, text, media channel, mobile website or
mobile application related, linked, or otherwise connected thereto
(collectively, the “Site”). You agree
that by accessing the Site, you have read, understood, and agreed to be bound
by all of these Terms of Use.
IF YOU
DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED
FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental
terms and conditions or documents that may be posted on the Site from time to
time are hereby expressly incorporated herein by reference. We reserve the
right, in our sole discretion, to make changes or modifications to these Terms
of Use at any time and for any reason. We will alert you about any changes by
updating the “Last updated” date of these Terms of Use, and you waive any right
to receive specific notice of each such change. It is your responsibility to
periodically review these Terms of Use to stay informed of updates. You will be
subject to, and will be deemed to have been made aware of and to have accepted,
the changes in any revised Terms of Use by your continued use of the Site after
the date such revised Terms of Use are posted.
The
information provided on the Site is not intended for distribution to or use by
any person or entity in any jurisdiction or country where such distribution or
use would be contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country. Accordingly,
those persons who choose to access the Site from other locations do so on their
own initiative and are solely responsible for compliance with local laws, if
and to the extent local laws are applicable. The Site is intended for users who
are at least 18 years old. Persons under
the age of 18 are not permitted to use or register for the Site.
WEBSITE ACCESSIBILITY AND
USERS WITH DISABILITIES
While every
possible effort has been made to provide a clear and comprehensive elimination
of any discrimination, this Site is not tailored to comply with the ADA Title
III, Public Accommodations and Commercial Facilities, ADA Amendments Act of
2008, ANPRM, NPRM, SANPRM or any/all ADA/ABA Guidelines, so if your
interactions would be subjected to such laws, you may not use this Site. The
Site is not tailored to comply with industry-specific regulations (Health
Insurance Portability and Accountability Act (HIPAA), Federal Information
Security Management Act (FISMA), etc.), international legislation & standards, ADA, WCAG 2.1, Section 508
& EN 301549, OR
ANY OTHER KNOWN OR UNKNOWN WEBSITE ACCESSIBILITY REGULATIONS, so if your interactions would be subjected to such
laws, you may not use this Site. You
may not use the Site in a way that would violate the Gramm-Leach-Bliley Act
(GLBA).
We are
dedicated to providing the same quality service to every individual and
comprehensive elimination of any discrimination, should the Site not address
your specific needs please contact us and we will provide the same services
through means other than this Site.
Discrimination Policy
Nevada
Registered Agent Service™ does not discriminate and does not permit ot
tolerate any form of discrimination, including, without limitation, bullying,
abuse or harassment, on the basis of actual or perceived race, color, religion,
national origin, ancestry, age, gender, physical or mental disability, sexual
orientation, gender identity or expression or HIV status, or based on
association with another person on account of that person’s actual or perceived
race, color, religion, national origin, ancestry, age, gender, physical or
mental disability, sexual orientation, gender identity or expression or HIV
status.
Unless
otherwise indicated, the Site is our proprietary property and all source code,
databases, functionality, software, website designs, audio, video, text,
photographs, and graphics on the Site (collectively, the “Content”) and the
trademarks, service marks, and logos contained therein (the “Marks”) are owned
or controlled by us or licensed to us, and are protected by copyright and
trademark laws and various other intellectual property rights and unfair
competition laws of the United States, international copyright laws, and
international conventions. The Content and the Marks are provided on the Site
“AS IS” for your information and personal use only. Except as expressly
provided in these Terms of Use, no part of the Site and no Content or Marks may
be copied, reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold, licensed, or
otherwise exploited for any commercial purpose whatsoever, without our express
prior written permission.
Provided that
you are eligible to use the Site, you are granted a limited license to access
and use the Site and to download or print a copy of any portion of the Content
to which you have properly gained access solely for your personal,
non-commercial use. We reserve all rights not expressly granted to you in and
to the Site, the Content and the Marks.
By using the
Site, you represent and warrant that: (1) you have the legal
capacity and you agree to comply with these Terms of Use; (2) you are not
a minor in the jurisdiction in which you reside; (3) you will not access the
Site through automated or non-human means, whether through a bot, script, or
otherwise; (4) you will not use the Site for any illegal or unauthorized
purpose; and (5) your use of the Site will not violate any applicable law or
regulation.
If you
provide any information that is untrue, inaccurate, not current, or incomplete,
we have the right to suspend or terminate your account and refuse any and all
current or future use of the Site (or any portion thereof).
You may not
access or use the Site for any purpose other than that for which we make the
Site available. The Site may not be used in connection with any commercial
endeavors except those that are specifically endorsed or approved by us.
As a user of
the Site, you agree not to:
1. Systematically retrieve data or other content from the Site to
create or compile, directly or indirectly, a collection, compilation, database,
or directory without written permission from us.
2. Trick, defraud, or mislead us and other users, especially in any attempt
to learn sensitive account information such as user passwords.
3. Circumvent, disable, or otherwise interfere with security-related
features of the Site, including features that prevent or restrict the use or
copying of any Content or enforce limitations on the use of the Site and/or the
Content contained therein.
4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the
Site.
5. Use the Site in a manner inconsistent with any applicable laws or
regulations.
6. Engage in unauthorized framing of or linking to the Site.
7. Upload or transmit (or attempt to upload or to transmit) viruses,
Trojan horses, or other material, including excessive use of capital letters
and spamming (continuous posting of repetitive text), that interferes with any
party’s uninterrupted use and enjoyment of the Site or modifies, impairs,
disrupts, alters, or interferes with the use, features, functions, operation,
or maintenance of the Site.
8. Engage in any automated use of the system, such as using scripts to
send comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools.
9. Delete the copyright or other proprietary rights notice from any
Content.
10. Upload or transmit (or attempt to upload or to transmit) any
material that acts as a passive or active information collection or
transmission mechanism, including without limitation, clear graphics
interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar
devices (sometimes referred to as “spyware” or “passive collection mechanisms”
or “pcms”).
11. Interfere with, disrupt, or create an undue burden on the Site or
the networks or services connected to the Site.
12. Harass, annoy, intimidate, or threaten any of our employees or
agents engaged in providing any portion of the Site to you.
13. Attempt to bypass any measures of the Site designed to prevent or
restrict access to the Site, or any portion of the Site.
14. Copy or adapt the Site’s software, including but not limited to
Flash, PHP, HTML, JavaScript, or other code.
15. Decipher, decompile, disassemble, or reverse engineer any of the
software comprising or in any way making up a part of the Site.
16. Use the Site as part of any effort to compete with us or otherwise
use the Site and/or the Content for any revenue-generating endeavor or
commercial enterprise.
USER
GENERATED CONTRIBUTIONS
The Site does
not offer users to submit or post content. We may provide you with the
opportunity to create, submit, post, display, transmit, perform, publish,
distribute, or broadcast content and materials to us or on the Site, including
but not limited to text, writings, video, audio, photographs, graphics,
comments, suggestions, or personal information or other material (collectively,
"Contributions"). Contributions may be viewable by other users of the
Site and through third-party websites. As such, any Contributions you transmit
may be treated in accordance with the Site Privacy Policy. When you create or
make available any Contributions, you thereby represent and warrant that:
1. The
creation, distribution, transmission, public display, or performance, and the
accessing, downloading, or copying of your Contributions do not and will not
infringe the proprietary rights, including but not limited to the copyright,
patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses,
rights, consents, releases, and permissions to use and to authorize us, the
Site, and other users of the Site to use your Contributions in any manner
contemplated by the Site and these Terms of Use.
3. You have the written consent, release, and/or permission of each and
every identifiable individual person in your Contributions to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of your Contributions in any manner contemplated by the Site
and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass mailings, or
other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as determined by
us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or
abuse anyone.
8. Your Contributions do not advocate the violent overthrow of any
government or incite, encourage, or threaten physical harm against another.
9. Your Contributions do not violate any applicable law, regulation, or
rule.
10. Your Contributions do not violate the privacy or publicity rights of
any third party.
11. Your Contributions do not contain any material that solicits personal
information from anyone under the age of 18 or exploits people under the age of
18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of minors;
13. Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or physical
handicap.
14. Your Contributions do not otherwise violate, or link to material that
violates, any provision of these Terms of Use, or any applicable law or
regulation.
Any use of
the Site in violation of the foregoing violates these Terms of Use and may
result in, among other things, termination or suspension of your rights to use
the Site.
CONTRIBUTION
LICENSE
You and the
Site agree that we may access, store, process, and use any information and
personal data that you provide following the terms of the Privacy Policy and
your choices (including settings).
By submitting
suggestions or other feedback regarding the Site, you agree that we can use and
share such feedback for any purpose without compensation to you.
We do not
assert any ownership over your Contributions. You retain full ownership of all
of your Contributions and any intellectual property rights or other proprietary
rights associated with your Contributions. We are not liable for any statements
or representations in your Contributions provided by you in any area on the
Site. You are solely responsible for your Contributions to the Site and you
expressly agree to exonerate us from any and all responsibility and to refrain
from any legal action against us regarding your Contributions.
GUIDELINES
FOR REVIEWS
We may
provide you areas on the Site to leave reviews or ratings. When posting a
review, you must comply with the following criteria: (1) you should have
firsthand experience with the person/entity being reviewed; (2) your reviews
should not contain offensive profanity, or abusive, racist, offensive, or hate
language; (3) your reviews should not contain discriminatory references based
on religion, race, gender, national origin, age, marital status, sexual
orientation, or disability; (4) your reviews should not contain references to
illegal activity; (5) you should not be affiliated with competitors if posting
negative reviews; (6) you should not make any conclusions as to the legality of
conduct; (7) you may not post any false or misleading statements; and (8) you
may not organize a campaign encouraging others to post reviews, whether
positive or negative.
We may
accept, reject, or remove reviews in our sole discretion. We have absolutely no
obligation to screen reviews or to delete reviews, even if anyone considers
reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not
necessarily represent our opinions or the views of any of our affiliates or
partners. We do not assume liability for any review or for any claims,
liabilities, or losses resulting from any review. By posting a review, you
hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free,
fully-paid, assignable, and sub licensable right and license to reproduce,
modify, translate, transmit by any means, display, perform, and/or distribute
all content relating to reviews.
You
acknowledge and agree that any questions, comments, suggestions, ideas,
feedback, or other information regarding the Site ("Submissions")
provided by you to us are non-confidential and shall become our sole property.
We shall own exclusive rights, including all intellectual property rights, and
shall be entitled to the unrestricted use and dissemination of these
Submissions for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you. You hereby waive all moral rights to any
such Submissions, and you hereby warrant that any such Submissions are original
with you or that you have the right to submit such Submissions. You agree there
shall be no recourse against us for any alleged or actual infringement or
misappropriation of any proprietary right in your Submissions.
THIRD-PARTY
WEBSITE AND CONTENT
The Site may
contain (or you may be sent via the Site) links to other websites
("Third-Party Websites") as well as articles, photographs, text,
graphics, pictures, designs, music, sound, video, information, applications,
software, and other content or items belonging to or originating from third
parties ("Third-Party Content"). Such Third-Party Websites and
Third-Party Content are not investigated, monitored, or checked for accuracy,
appropriateness, or completeness by us, and we are not responsible for any
Third-Party Websites accessed through the Site or any Third-Party Content
posted on, available through, or installed from the Site, including the
content, accuracy, offensiveness, opinions, reliability, privacy practices, or
other policies of or contained in the Third-Party Websites or the Third-Party
Content. Inclusion of, linking to, or permitting the use or installation of any
Third-Party Websites or any Third-Party Content does not imply approval or
endorsement thereof by us. If you decide to leave the Site and access the
Third-Party Websites or to use or install any Third-Party Content, you do so at
your own risk, and you should be aware these Terms of Use no longer govern. You
should review the applicable terms and policies, including privacy and data
gathering practices, of any website to which you navigate from the Site or
relating to any applications you use or install from the Site. Any purchases
you make through Third-Party Websites will be through other websites and from
other companies, and we take no responsibility whatsoever in relation to such
purchases which are exclusively between you and the applicable third party. You
agree and acknowledge that we do not endorse the products or services offered
on Third-Party Websites and you shall hold us harmless from any harm caused by
your purchase of such products or services. Additionally, you shall hold us
harmless from any losses sustained by you or harm caused to you relating to or
resulting in any way from any Third-Party Content or any contact with
Third-Party Websites.
We reserve
the right, but not the obligation, to: (1) monitor the Site for violations of
these Terms of Use; (2) take appropriate legal action against anyone who, in
our sole discretion, violates the law or these Terms of Use, including without
limitation, reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of
your Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Site or otherwise
disable all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Site in a manner
designed to protect our rights and property and to facilitate the proper
functioning of the Site.
We care about
data privacy and security. Please review our Privacy Policy. By using the Site,
you agree to be bound by our Privacy Policy, which is incorporated into these
Terms of Use. Please be advised the Site is hosted in the United
States. If you access the Site from any other region of the world with laws or
other requirements governing personal data collection, use, or disclosure that
differ from applicable laws in the United States, then through your
continued use of the Site, you are transferring your data
to the United States, and you agree to have your data transferred to
and processed in the United States.
These Terms
of Use shall remain in full force and effect while you use the Site and while
you are a client of Nevada Registered Agent Service™. WITHOUT LIMITING ANY
OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR
NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW
OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR
DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If we
terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed
name, or the name of any third party, even if you may be acting on behalf of
the third party. In addition to terminating or suspending your account, we
reserve the right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
RENEWALS AND
NOTIFICATIONS
Although we
make every effort to notify our clients of their Nevada Secretary of State
annual list and business license renewal, we are not responsible for client’s
failure to renew with the Nevada Secretary of State and this notification, fee
or filing is not included in our yearly Registered Agent Service. The Nevada
Secretary of State annual list and business license is a separate renewal fee
payable to Secretary of State office. Nevada Registered Agent Service™ yearly
fee is a separate renewal fee and should not be confused in any way with the
Nevada Secretary of State annual list and business license renewal. It
is understood and agreed that the Nevada Secretary of State annual list and
business license renewal is the client’s responsibility and Nevada Registered
Agent Service™ shall not be liable for any late fees, damages, notification or
other related expenses regarding the clients Nevada Secretary of State annual
list and business license renewal.
USE OF OUR
BUSINESS ADDRESS
THE USE OF OUR BUSINESS ADDRESS IS A
SERVICE, PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. THE USE OF OUR ADDRESS INCLUDED WITH OUR $39 A
YEAR SERVICE IS FOR ESABLISHING A PRESENCE IN NEVADA AND IS NOT TO BE USED FOR
ANY PERSONAL OR OTHER CORRESPONDANCE OTHER THAN OFFICIAL STATE OR GOVERNMENT
BUSINESS. THE $39 A YEAR SERVIVE DOES NOT INCLUDE ANY MERCHANT ACCOUNTS,
MONTHLY RECEIVABLES, ACCOUNTS RECEIVABLES, PAYMENTS, EXCESSIVE VOLUMES OF
MAIL/SCANNING, UTILITY BILLS, PERSONAL CORESPONDANCE OR INVOICING. IF YOU NEED
TO USE OUR ADDRESS FOR OTHER CORRESPONDANCE WE HAVE A SEPARATE MAIL FORWARDING SERVICE THAT YOU WILL NEED TO SUBSCRIBE TO. YOU AGREE THAT YOUR USE OF OUR BUSINESS
ADDRESS AND OUR SERVICES WILL BE AT YOUR SOLE RISK AND IT IS YOUR SOLE
RESPONSIBILITY TO RESEARCH AND CONFIRM THE MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE OF YOUR INTENDED USE. TO THE FULLEST EXTENT PERMITTED BY
LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH OUR
BUSINESS ADDRESS AND YOU’RE USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR THE ACCEPTANCE OF OUR BUSINESS ADDRESS BY GOVERMENT
ENTITIES, MUNICIPALITYS, BANKS, MERCHANTS, LENDERS OR ANY THIRD-PARTY USE AND
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF
OUR BUSINESS ADDRESS’S TO FUFILL YOUR SPECIFIC PURPOSE. WE WILL ASSUME NO
LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR USE OF OUR BUSINESS ADDRESS, (3) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR BUSINESS ADDRESS, (4)
ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE
OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED,
OR OTHERWISE MADE AVAILABLE VIA OUR BUSINESS ADDRESS. WE DO NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PARTICULAR PURPOSE OR USE,
ACCEPTANCE, MERCHANTABILITY OR SERVICE THROUGH THE USE OF OUR BUSINESS ADDRESS.
BY USING OUR BUSINESS ADDRESS, YOU FURTHER AGREE TO THE TERMS OF THE LIMITATIONS
OF LIABILITY AND INDEMNIFICATION SECTIONS BELOW AS THEY PERTAIN TO ANY USE OF OUR
BUSINESS ADDRESS.
Parcels, packages and any
other items other than SECURE delivery by the USPS sent to our address.
Should you choose to ship anything to our address, you are
required to give us written notice of the items you are sending, a tracking
number and the carrier along with the delivery date. Although every effort is made to accommodate, receive
and safely hold or forward your delivery, due to the extended delivery hours of
most carriers beyond our normal business hours and other conditions beyond our
control, Nevada Registered Agent Service™
is not responsible in any capacity for lost, held, stolen or damaged
packages including delivery errors via carrier, or incorrect shipping information.
If you
ship to our address, you do so at your own risk and acknowledge that Nevada Registered
Agent Service™ is not
responsible in any capacity for your delivery. INSURANCE is available through any
carrier, and
is highly recommended for any shipment
you choose to be delivered here.
BY USING OUR BUSINESS ADDRESS AND
CHOOSING TO HAVE TO ITEMS DELIVERED HERE YOU FURTHER AGREE TO THE TERMS OF
THE LIMITATIONS OF LIABILITY AND INDEMNIFICATION SECTIONS
BELOW AS THEY PERTAIN TO ANY USE OF OUR BUSINESS ADDRESS.
MODIFICATIONS
AND INTERRUPTIONS
We reserve
the right to change, modify, or remove the contents of the Site at any time or
for any reason at our sole discretion without notice. However, we have no
obligation to update any information on our Site. We also reserve the right to
modify or discontinue all or part of the Site without notice at any time. We
will not be liable to you or any third party for any modification, price
change, suspension, or discontinuance of the Site.
We cannot
guarantee the Site will be available at all times. We may experience hardware,
software, or other problems or need to perform maintenance related to the Site,
resulting in interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the Site at any time
or for any reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability to
access or use the Site during any downtime or discontinuance of the Site.
Nothing in these Terms of Use will be construed to obligate us to maintain and
support the Site or to supply any corrections, updates, or releases in
connection therewith.
These Terms
of Use and your use of the Site are governed by and construed in accordance
with the laws of the State of Nevada applicable to agreements
made and to be entirely performed within the State of Nevada, without
regard to its conflict of law principles.
SOCIAL MEDIA
In an
effort to ensure fair and honest client feedback,
and to prevent the publishing of libelous content in any form, by
accepting our Terms of Use, you agree not to post any complaint or
negative review to any platform of social media without
allowing us 90 days from the date of service to resolve any issue
pertaining to any service provided by us. Should you violate these terms, you will be
provided a seventy-two (72) hour opportunity to retract the content
in question. If the content remains, in whole or in part, it is hereby agreed
that the dispute shall be referred
for binding arbitration as outlined below.
Informal
Negotiations
To expedite
resolution and control the cost of any dispute, controversy, or claim related
to these Terms of Use (each a "Dispute" and collectively, the
“Disputes”) brought by either you or us (individually, a “Party” and
collectively, the “Parties”), the Parties agree to first attempt to negotiate
any Dispute (except those Disputes expressly provided below) informally for at
least thirty (30) days before initiating arbitration. Such informal
negotiations commence upon written notice from one Party to the other Party.
If the
Parties are unable to resolve a Dispute through informal negotiations, the
Dispute (except those Disputes expressly excluded below) will be finally and
exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT
THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial
Arbitration Rules of the American Arbitration Association ("AAA")
and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related
Disputes ("AAA Consumer Rules"), both of which are available at the
AAA website: www.adr.org. Your
arbitration fees and your share of arbitrator compensation shall be governed by
the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer
Rules. The arbitration may be conducted in person, through the submission
of documents, by phone, or online. The arbitrator will make a decision in
writing, but need not provide a statement of reasons unless requested by either
Party. The arbitrator must follow applicable law, and any award may be
challenged if the arbitrator fails to do so. Except where otherwise required by
the applicable AAA rules or applicable law, the arbitration will take place
in Clark, Nevada. Except as otherwise provided herein, the Parties
may litigate in court to compel arbitration, stay proceedings pending arbitration,
or to confirm, modify, vacate, or enter judgment on the award entered by the
arbitrator.
If for any
reason, a Dispute proceeds in court rather than arbitration, the Dispute shall
be commenced or prosecuted in the state and federal courts located
in Clark, Nevada, and the Parties hereby consent to, and waive all
defenses of lack of personal jurisdiction, and forum non conveniens
with respect to venue and jurisdiction in such state and federal courts.
Application of the United Nations Convention on Contracts for the International
Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is
excluded from these Terms of Use.
In no event
shall any Dispute brought by either Party related in any way to the Site be
commenced more than one (1) years after the cause of action
arose. If this provision is found to be illegal or unenforceable, then
neither Party will elect to arbitrate any Dispute falling within that portion
of this provision found to be illegal or unenforceable, and such Dispute shall
be decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
The Parties
agree that any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be
joined with any other proceeding; (b) there is no right or authority for any
Dispute to be arbitrated on a class-action basis or to utilize class action
procedures; and (c) there is no right or authority for any Dispute to be
brought in a purported representative capacity on behalf of the general public
or any other persons.
Exceptions
to Informal Negotiations and Arbitration
The Parties
agree that the following Disputes are not subject to the above provisions
concerning informal negotiations and binding arbitration: (a) any Disputes
seeking to enforce or protect, or concerning the validity of, any of the
intellectual property rights of a Party; (b) any Dispute related to, or arising
from, allegations of theft, piracy, invasion of privacy, or unauthorized use;
and (c) any claim for injunctive relief. If this provision is found to be
illegal or unenforceable, then neither Party will elect to arbitrate any
Dispute falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the Parties agree
to submit to the personal jurisdiction of that court.
There may be
information on the Site that contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing, availability, and various other
information. We reserve the right to correct any errors, inaccuracies, or
omissions and to change or update the information on the Site at any time,
without prior notice.
THE SITE IS
PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOU’RE USE OF THE
SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY
OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO
THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE,
(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO
OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN
ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT
WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL,
OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR
OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, OUR LIABILITY
TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL
AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD
PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL
LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand,
including reasonable attorneys’ fees and expenses, made by any third party due
to or arising out of: (1) use of the Site; (2) breach of these Terms of
Use; (3) any breach of your representations and warranties set forth in these
Terms of Use; (4) your violation of the rights of a third party, including but
not limited to intellectual property rights; or (5) any overt harmful act
toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume
the exclusive defense and control of any matter for which you are required to
indemnify us, and you agree to cooperate, at your expense, with our defense of
such claims. We will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification upon becoming
aware of it.
We will
maintain certain data that you transmit to the Site for the purpose of managing
the performance of the Site, as well as data relating to your use of the Site.
Although we perform regular routine backups of data, you are solely responsible
for all data that you transmit or that relates to any activity you have
undertaken using the Site. You agree that we shall have no liability to you for
any loss or corruption of any such data, and you hereby waive any right of
action against us arising from any such loss or corruption of such data.
ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the
Site, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree
that all agreements, notices, disclosures, and other communications we provide
to you electronically, via email and on the Site, satisfy any legal requirement
that such communication be in writing. YOU HEREBY AGREE TO THE USE OF
ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC
DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR
COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements
under any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of credits by any means
other than electronic means.
NRS 239.330,
INFORMATION
PROVIDED TO USE FOR FILING WITH THE NEVADA SECRETARY OF STATE
By providing any
information to us electronically, verbally, written, texted or by any other
means you are certifying that to the best of your knowledge and under penalty
of perjury, the information submitted and transmitted is correct and
acknowledge that pursuant to NRS 239.330, it is a category C felony to
knowingly offer any false or forged instrument for filing in the Office of the
Secretary of State.
CALIFORNIA
USERS AND RESIDENTS
If any
complaint with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
These Terms
of Use and any policies or operating rules posted by us on the Site or in
respect to the Site constitute the entire agreement and understanding between
you and us. Our failure to exercise or enforce any right or provision of these
Terms of Use shall not operate as a waiver of such right or provision. These
Terms of Use operate to the fullest extent permissible by law. We may assign
any or all of our rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act caused by
any cause beyond our reasonable control. If any provision or part of a
provision of these Terms of Use is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from
these Terms of Use and does not affect the validity and enforceability of any
remaining provisions. There is no joint venture, partnership, employment or
agency relationship created between you and us as a result of these Terms of
Use or use of the Site. You agree that these Terms of Use will not be construed
against us by virtue of having drafted them. You hereby waive any and all
defenses you may have based on the electronic form of these Terms of Use and
the lack of signing by the parties hereto to execute these Terms of Use.
In order to
resolve a complaint regarding the Site or to receive further information
regarding use of the Site, please contact us at:
Nevada Registered Agent Service™
10409 Pacific Palisades Ave.
Las Vegas, NV 89144-1221, United States
Phone
Fax
Email
Nevada
Commercial Registered Agent
Entity # E0502742015-6
NV Business ID NV20151637034
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© 2024 Marc Gohres
Revised April 7, 2024 10:24 AM
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