Easy Doc Filing, LLC (“us”, “we”, “our”) operates www.govdocfiling.com, including any and all associated domains (“Website”).
THESE TERMS ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US AND GOVERN THE ACCESS OR USE OF WEBSITE, INCLUDING CONTENT, PRODUCTS, AND SERVICES WE PROVIDE THROUGH WEBSITE (DEFINED HEREIN), AND APPLY TO ALL INDIVIDUALS INCLUDING VISITORS, USERS, AND CLIENTS. WHEN YOU ACCESS AND USE WEBSITE, YOU, OR ON BEHALF OF AN ENTITY YOU REPRESENT, ACCEPT AND AGREE TO COMPLY WITH THESE TERMS. ADDITIONALLY, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE THE LEGAL CAPACITY AND AUTHORITY TO ENTER INTO THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS IN FULL, YOU MAY NOT ACCESS AND/OR USE WEBSITE.
We provide a paid service to obtain Federal Tax Identification Numbers from the Internal Revenue Service (“IRS”) (“Services”). We act as a “Third Party Designee,” pursuant to IRS Form SS-4, and prepare and submit applications for Employer Identification Numbers (“EIN”) to the IRS on behalf of our clients. We are not affiliated with the IRS or any other governmental or regulatory body or agency.
FEES AND REFUND POLICY
EIN Application on your own. We provide the services for the rates listed on the Website, which are incorporate herein by reference. All amounts are due and payable in accordance with our invoices.
We will do everything we can to process your application in one business day, provided all information provided to us is accurate. If we cannot complete the EIN process and no EIN is assigned due to an unfixable error, we will provide a refund minus a $10 processing fee.
If we do complete the application and an EIN is successfully assigned (service is provided), no refunds can be issued.
For incomplete orders due to inaccurate information, the customer will be contacted via email by us to rectify the issue, and we will try one additional time to obtain your EIN. If at that point there is another error, the customer will be refunded on the next business day less a $10 processing fee.
SS4 Fax – Ref 101: For EIN applications resulting in a Reference 101 error from the IRS, Govt Assist may contact you via e-mail with instructions on how we will proceed with manually filing your application with the IRS. You will receive an e-mail with a completed SS-4 form PDF on the same day that the Ref 101 error occurred, and the PDF will require your electronic signature. Then, Govt Assist will continue to process your EIN with the IRS, and you will receive the EIN via e-mail in 7-10 business days due to the manual processing wait time for all Reference 101 errors. In the event that there is an additional error within the Ref 101 application and Govt Assist cannot process your application as a Third Party Designee, we will issue a refund of the service fee, minus a $25 processing fee.
USE OF WEBSITE AND SERVICES
Subject to these Terms, we grant you a non-exclusive and non-transferable revocable license to access and use Website and Services solely for individual and non-commercial use, whether for personal or business purposes.
In order to access and use Website and Services, you must be over 18 years of age and can lawfully enter into a contract under applicable laws and regulations. If you are accessing or using Website or Services on behalf of an entity, you represent and warrant that you are an authorized representative of the entity with full legal power and authority to enter into a contract and bind entity to these Terms.
You must abide by these Terms, any technical restrictions on Website or Services, and with all applicable laws and regulations, including regulations regarding online conduct and content. Prohibited conduct, or assisting others in such conduct, includes the following:
We may suspend or permanently terminate your account at any time for any reason, including if a suspicion arises that you have violated these Terms in your access and use of Website and Services.
We are the sole owner with all title and interest in Website and Services and any and all intellectual property (defined herein) related to Website and Services. We reserve all rights in and to any and all intellectual property. Any rights, licenses, and transfers of ownership, if any, may only be expressly granted pursuant to these Terms and never by implication. If any intellectual property right vests in you, your representatives, or in the entity you represent, you hereby, and cause representatives or entity to, irrevocably and completely assign and transfer all such right, title, and interest to us without royalty or any other consideration.
Intellectual property includes:
All intellectual property includes any and all work product, goodwill, applications and registrations, renewals, reissuances, extensions, modifications, improvements, additions, derivative works, and all related documents and matters.
You may not use, sell, license, transfer, remove, alter, duplicate, translate, reverse engineer, reproduce, distribute, transmit, obscure, commercially exploit or take any other action regarding Website or Services and any intellectual property, proprietary marks, or right notices incorporated in or accompanying Website or Services, in whole or in part, without our express prior written consent.
When you provide us with feedback, suggestions, or comments (“Feedback”) regarding access and use of Website and Services, you hereby assign and transfer all rights to Feedback and related information to use in any manner we decide pursuant to applicable law. Because Feedback is non-confidential and non-proprietary, you will not submit any information or ideas considered to be confidential or proprietary.
INFORMATION USE AND DISCLAIMERS
We require that you submit certain information when providing Services, including personal, contact, and billing information (“Personal Information”). You represent and warrant that any and all information you provide us through Website and in connection with Services is complete, accurate, and in compliance with these Terms. You are fully responsible for such information and assure it does not contain any viruses or other malware that may damage or interfere with Website when submitted online.
By submitting Personal Information, you agree to let us contact you and share Personal Information with the IRS and certain affiliates, business partners, and other third parties in order to service you. You acknowledge that the IRS and such third parties may maintain your Personal Information and may contact you regardless of whether you opted in on the National Do Not Call List through the Federal Trade Commission or a similar list.
We do not verify, and are not responsible for, the accuracy of the information submitted on EIN applications. We are not a law firm and do not offer legal advice or recommendations. Our communications are not protected by attorney-client privilege in any way. Any individual who needs legal assistance must contact an attorney or law firm licensed in his or her jurisdiction.
DISCLAIMER OF WARRANTY
We do not make any warranties, representations, or promises in these Terms, and you do not rely on any such warranties, representations, or promises when accessing or using Website and Services. We expressly disclaim all warranties, representations, and promises, express or implied, including warranties of merchantability, fitness for a particular purpose, and workmanlike quality with respect to Website, Services, and any products, materials, information, data, or content provided by us or any third party. Website and Services are provided “as-is” and we are not liable for any interruptions, errors, omissions, or vulnerabilities beyond our control.
You acknowledge and agree that any access or use of Website or Services is done at your own discretion and risk. You are fully responsible for data transmitted to and from Website by or on behalf of you, which may be done so unencrypted and over various networks.
To the extent we cannot disclaim any warranty, representation, or promise as a matter of law, the scope and duration of such shall be the minimum permissible under applicable law.
RELEASE OF LIABILITY
WE, INCLUDING ANY OF OUR AFFILIATES, SUCCESSORS, ASSIGNS, AND RESPECTIVE OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, EMPLOYEES, LICENSORS, AND LICENSEES, (“RELEASED PARTIES”) ARE NOT LIABLE TO YOU FOR ANY AND ALL SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL INJURIES OR DAMAGES, ARISING FROM OR RELATED TO THESE TERMS AND ACCESS AND USE OF WEBSITE AND SERVICES, INCLUDING BODILY INJURY, DEATH, LOSS OF REVENUE, LOSS OR CORRUPTION OF DATA, PROFITS, OR OPPORTUNITIES, AND CLAIMS BY ANY THIRD PARTY, EVEN IF YOU OR ANY THIRD PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE ARE NOT LIABLE FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND OUR REASONABLE CONTROL, INCLUDING FORCE MAJEURE. THIS APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, AND OTHER TORTS.
BY ACCESSING AND USING WEBSITE AND SERVICES, YOU AGREE NOT TO SUE OR INSTITUTE ANY CAUSE OF ACTION OR ANY LEGAL PROCEEDING AGAINST THE RELEASED PARTIES. IN NO EVENT SHALL ANY LIABILITY OF THE RELEASED PARTIES RELATED TO THESE TERMS AND ACCESS AND USE OF WEBSITE OR SERVICES EXCEED THE FEES PAID BY YOU TO US DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM OR EVENT GIVING RISE TO SUCH LIABILITY.
IF YOU ARE A CALIFORNIA USER, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
You agree to release, indemnify, defend, protect, compensate, reimburse, and hold harmless each of the Released Parties from and against any and all claims, damages, losses, costs, fees (including reasonable attorneys’ fees), liabilities, or injuries suffered arising out of, or relating to, these Terms and the access and use of Website and Services to the fullest extent provided by applicable law. This includes your breach of any warranty, representation, covenant or other term of provision of these Terms, violation of applicable laws or regulations, negligent acts or omissions, and any content posted, submitted, or otherwise made available on Website or in connection with Services.
We will promptly notify you of any claim for indemnification. All provisions of these Terms regarding indemnification shall survive termination of our relationship and these Terms. The foregoing shall not apply to the extent prohibited by applicable law.
These Terms are effective as of the date indicated herein. We may update or make changes to these Terms at any time without notice to you by written agreement signed by an authorized executive or representative or by publishing a revised version on Website. Such changes will go into effect immediately upon posting. The current posted version of these Terms shall apply on the date you access the Website and shall only apply to information collected thereafter. As a result, you are encouraged to check these Terms each time you access Website and review for any updates or changes before using Website and Services. Your continued use of Website and Services after we post any updates or changes will constitute your acknowledgement of such modifications and consent to abide and be bound by the modified Terms.
Additionally, we may update and make changes to Website and Services, subject to these Terms, at any time without notice to you.
If any part, term, or provision of these Terms are held to be invalid, illegal, unenforceable, or in conflict with any valid controlling law in any respect, the remaining terms and provisions shall continue in full force and effect without being impaired or invalidated in any way. If applicable, such part, term, or provision shall be modified and interpreted which most closely approximates the original intent and purpose.
We may, in our sole and absolute discretion, permanently terminate your account at any time, without notice, for any reason whatsoever. Upon termination, we may immediately deactivate or delete any and all information related to your account. We are not liable to you or any other person for termination of your account and deletion of information.
These Terms and any access to or use of Website or Services shall be governed by the law of in the State of California without regard to the conflicts of law principles thereof.
Any disputes shall be reported to our customer service by contacting us via email at email@example.com We will try to promptly and amicably resolve any disputes. If we are unable to resolve the dispute, it shall be settled by final and binding arbitration in Los Angeles County in the State of California before a single arbitrator in an individual capacity (and never as a plaintiff or class member seeking class-wide relief). We must agree on the rules and procedures of arbitration. If we are unable to agree within 15 days, arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures and the arbitrator shall apply the laws applicable in the State of California without regard to the conflict of laws rules thereof.
Judgment on the award outcome and award rendered by the arbitrator may be entered into any court having jurisdiction thereof. The award shall determine the prevailing party, allocate all or part of the legal costs including the arbitrator fees and reasonable attorneys’ fees of the prevailing party, and require payment by the non-prevailing party.
Despite mandatory arbitration, either of us may seek an injunction or other provisional remedies to aid arbitration from a court of appropriate jurisdiction.
These Terms constitute the entire understanding and agreement between you and us with respect to its subject matter and supersedes all prior and contemporaneous agreements, understandings, inducements, warranties, representations, or conditions, express or implied, written or oral, preceding these Terms.
Failure or delay, at any time, to enforce any term or condition of or to exercise any right or remedy in these Terms shall not be construed to be a waiver of the right to enforce or exercise such term, condition, right, or remedy. A waiver of any one term, condition, right, or remedy of these Terms or any breach shall not constitute a permanent waiver of such term, condition, right, or remedy or any subsequent breach thereof in the future.
You may assign or transfer your rights under these Terms to any third party that consents and agrees to be bound by these Terms. Additionally, we may assign our rights under these Terms to any third party without condition. These Terms shall be binding on you, us, and our successors and assigns.
If you have any questions regarding these Terms, you may contact us via email at firstname.lastname@example.org
We provide the following services through the Website (collectively, the “Services”): Weact as a “Third Party Designee” as described in the instructions to Form SS-4 to help clients obtain Federal Tax ID Numbers from the Internal Revenue Service(the “IRS”) in a timely manner. We only work on behalf of our clients and are in no way affiliated with any governmental or regulatory agency, including the IRS. Weoffer a paid service in which our employees or agents will prepare and submit your Employer Identification Number Application (“EIN Application”) to the IRS on your behalf. Alternatively, for no charge, you can visit the official IRS.gov website and complete your EIN Application on your own.
We provide the services for the rates listed on the Website, which are incorporate herein by reference. All amounts are due and payable in accordance with our invoices.
We will do everything we can to process your order in one business day, provided all information provided to us is accurate. If you feel that the Services were not up to your expectations, please contact us and we will provide a full refund less a $10 processing fee, no questions asked. Any EIN Application resulting in a Reference 101 error from the IRS will be refunded on the next business day less a $10 processing fee. For incomplete orders due to inaccurate information, the customer will be contacted vie email by us to rectify the issue, and we will try one additional time to obtain your EIN. If at that point there is another error, the customer will be refunded on the next business day less a $10 processing fee.
Eligibility. We will only knowingly provide the Website to parties that can lawfully enter into and form contracts under applicable law. The Website is not for children under the age of 18 and any such use is prohibited.
Compliance with the Agreement and Applicable Law. You acknowledge and agree that (i) your use of the Website and the Services shall be in strict accordance with the Agreement and with all applicable laws and regulations, including, without limitation, any local laws or regulations in your country, state, city or other governmental jurisdiction, regarding online conduct and acceptable content, and (ii) your use of the Website or the Services will not infringe or misappropriate the intellectual property rights of any third party.
Intellectual Property and Trademarks.You acknowledge and agree that we are the sole owner of all right, title and interest in the Website and any and all Intellectual Property (as defined below) related thereto or to the Services. We reserve all rights in and to any and all Intellectual Property, and in the event that any such rights vest in you, the entity you represent or any of your respective representatives, you hereby irrevocably and unconditionally assign, and shall cause such entity and all such representatives to irrevocably and unconditionally assign, to us all such rights. No right, license or transfer of ownership of any Intellectual Property is granted or shall be granted by implication. All rights, licenses and transfers of ownership (if any) are granted only as expressly provided in the Agreement.
“Intellectual Property” means, with respect to Easy Doc Filing (a) all inventions (whether patentable or unpatentable and whether or not reduced to practice), all improvements thereto, and all patents, patent applications and patent disclosures filed in any jurisdiction, together with all reissuances, continuations, divisionals, continuations-in-part, revisions, extensions and reexaminations thereof; (b) all trademarks, service marks, trade dress and design marks (including, without limitation, domain names, uniform resource locators, logos and slogans), including all goodwill associated therewith, and all applications, registrations and renewals in connection therewith; (c) all works of authorship and other copyrightable works and all copyrights subsisting under the applicable laws of any jurisdiction and all application, registrations and renewals in connection therewith; and (d) all trade secrets (including, without limitation, ideas, research and development, know-how, formulas, compositions, business practices, object code, source code, software, hardware, systems, techniques, tools, solutions, processes, procedures, methods, methodologies, applications, day-to-day business operations, technical data, designs, drawings, specifications, customer, vendor or supplier lists, pricing, cost and financial information, and business and marketing plans and proposals). For the avoidance of doubt, Intellectual Property includes any and all additions, modifications, derivative works and improvements thereto.
You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website or the Services.
If you provide us with any feedback, suggestions or comments regarding the Website or the Services (collectively, “Feedback”), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner that we deem appropriate in accordance with applicable law. We will treat any Feedback that you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
The name “Easy Doc Filing,” our logo and any of our slogans are trademarks and service marks of Easy Doc Filing. The use of any other trademark or service mark is not authorized by, sponsored by or associated with us and is for purposes of description and identification only. You shall not use, duplicate, distribute, modify, reproduce, transmit or take any other action with respect to our trademarks or service marks without our express prior written consent.
Limited License.Subject to the terms and conditions of the Agreement, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website and the Services solely for your personal, non-commercial use.
Authorized Representative. If an individual is accessing or using the Website or the Services on behalf of any entity, such individual represents and warrants that he or she is an authorized representative of such entity with the full legal power and authority to bind such entity to the Agreement and enter into the Agreement on behalf of such entity.
Except as explicitly authorized by the Agreement or with our prior written consent, you shall not (i) distribute, transmit, license, rent, sell, lease, transfer, assign, host or otherwise commercially exploit the Website or the Services, in each case and any Intellectual Property related thereto, whether in whole or in part; (ii) modify, copy, reproduce, translate, create derivative works from, reverse engineer, decompile, disassemble or attempt in any way to reconstruct or discover the source code for the Website or any Intellectual Property related thereto; or (iii) access or use the Website or the Services to build a similar or competitive website, product, mobile application or service.
You must comply with any technical restrictions on the Website or the Services that allow you to access or use the Website or the Services only in certain ways. Unless otherwise indicated, any future modification or other addition to the functionality of the Website or the Services shall be subject to the Agreement. All copyright and other proprietary notices on the Website and the Services must be retained on all copies thereof.
You shall not use the Website or the Services to take any action, or assist others in taking any action, that (i) is unlawful, abusive, threatening, harmful, obscene, defamatory, libelous or fraudulent, (ii) violates the personal privacy rights of others, (iii) victimizes, harasses, degrades or intimidates any individual or group of individuals, (iv) constitutes an attempt to impersonate any person or entity, (v) is intended to omit, delete, forge or misrepresent information, (vi) is intended to cloak the identity or contact information of you or others, (vii) infringes upon or misappropriates any intellectual property of any third party, (viii) interferes with or disrupts access to or use of the Website or the Services by us or others, (ix) results in the disclosure of confidential or insider information, or (x) involves the use of any viruses or other programs intended to interfere with, intercept or expropriate any system, data or personal information.
We may suspend or permanently terminate your account at any time for any reason, including, without limitation, if a suspicion arises that you engaged in any fraudulent activity in conjunction with the Website or the Services.
You are solely responsible for any information that you provide to us through the Website or in connection with the Services, and such information may not contain any viruses or other malware that may damage or interfere with the Website. You represent and warrant that your personal, contact and billing information is true, legal, accurate and non-fraudulent in all respects.
We require some personal, contact and billing information (“Personal Information”) to provide the Services. You understand and agree that by submitting Personal Information, we will share such Personal Information with the IRS and certain affiliates, business partners and other third parties, as the case may be, to provide the Services. You further agree that the IRS and such affiliates, business partners and other third parties, as the case may be, may contact you based on your Personal Information, even if you have opted into the National Do Not Call List administered by the Federal Trade Commission, any state’s equivalent of the Do Not Call List or the Do Not Call List of an internal company. You understand that the IRS and our affiliates, business partners and other third parties, as the case may be, may maintain your Personal Information.
In particular, you agree that we, the IRS, our service providers and other third parties may contact you via any method per the contact information that you supplied to us regarding the Services or other products and services that may be of interest to you. By supplying a mobile number, you consent to receive calls or texts at such number, whether manually or automatically dialed, from us, the IRS, our service providers or other third parties. You are not required to provide us with a mobile number as a condition of accessing or using the Website or the Services.
The Website or the Services may contain links to third-party websites and services (including SNSs) and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Third-Party Links & Ads are not under our control, and we are not responsible for any Third-Party Links & Ads. We provide access to these Third-Party Links & Ads only as a convenience to you and do not review, approve, monitor, endorse, warrant or make any representations with respect to Third-Party Links & Ads. You shall use all Third-Party Links & Ads at your own risk and should apply a suitable level of caution and discretion in doing so. When you “click” on or otherwise visit any Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
We do not review the information submitted on your EINApplication. We are not a law firm or a substitute for an attorney or law firm. We cannot provide any kind of advice, explanation, opinion or recommendation about legal issues, and our communications are not protected by the attorney-client privilege or as work product. For legal advice, please contact an attorney or law firm.
We have not made any representations, warranties, statements or promises in the Agreement, and you have not relied upon any such representation, warranty, statement or promise in accessing or using the Website or the Services. The Website and the Services are provided “as-is,” and we shall have no liability for any errors or omissions therein or any other aspects thereof. We hereby expressly disclaim all representations and warranties, express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, workmanlike quality, and title, with respect to the Website or the Services. We do not represent or warrant that the Website or the Services will meet your requirements or that access to and use of the Website or the Services be uninterrupted, error-free or entirely secure. You will bear all risk associated with any use of the internet or other means of data transmission by or on behalf of you, and we disclaim all responsibility and liability in connection with such use. We do not make any representations or warranties with respect to any materials, products, data, information or content provided by any third party. You acknowledge and agree that (i) data transferred to and from the Website may be done so unencrypted and over various networks, and (ii) any access to or use of the Website or the Services is done at your sole discretion and risk. To the extent we cannot disclaim any warranty as a matter of law, the scope and duration of such warranty shall be the minimum permissible under applicable law.
By accessing and using the Website and the Services, you agree not to sue or institute any cause of action or legal proceeding of any nature against us or any of our affiliates, or our or their respective officers, directors, employees, representatives, agents, licensors, licensees, successors and assigns (collectively the “Released Parties”) for, and agrees to release, acquit, forever discharge and compensate and hold harmless the Released Parties from and against, any and all costs, damages (actual, consequential, special, incidental, indirect, exemplary, punitive or otherwise), losses, liabilities, claims or expenses (including attorneys’ fees) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (collectively, “Damages”), arising out of, relating to, or in any way connected with your access or use of the Website or the Services. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
IN NO EVENT SHALL ANY RELEASED PARTY BE LIABLE IN CONNECTION WITH OR ARISING OUT OF THE AGREEMENT OR ANY ACCESS TO OR USE OF THE WEBSITE OR THE SERVICES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OR INTERRUPTION OF USE, LOSS OR CORRUPTION OF DATA OR LOSS OF PROFITS, OR (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES, IN EACH CASE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN NO EVENT SHALL LIABILITY OF ANY RELEASED PARTY IN CONNECTION WITH THE AGREEMENT OR ANY ACCESS TO OR USE OF THE WEBSITE OR THE SERVICES EXCEED THE FEES PAID BY YOU TO US UNDER THE AGREEMENT DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. WE SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND OUR REASONABLE CONTROL, INCLUDING FORCE MAJEURE. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
You shall defend, indemnify, compensate, reimburse and hold harmless each Released Party, from and against any and all Damages associated with, arising out of or resulting from your access to or use of the Website or the Services, including, without limitation, (i) your breach of any representation, warranty, covenant or other term or provision of the Agreement, (ii) your negligent acts or omissions, (iii) your violation of applicable laws or regulations, and (iv) any content that your post, submits or otherwise makes available on the Website or in connection with the Service.
If any term or provision of the Agreement is held to be invalid or unenforceable, the remaining terms and provisions shall continue in full force and effect without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the original intent and substance of such invalid provision.
You understand and agree that we may, in our sole and absolute discretion and at any time, permanently terminate your account for any reason whatsoever. You understand and agree that we may take any one or more of these actions without prior notice to you. Should we take any of these actions, we may, in our sole and absolute discretion, immediately deactivate or delete any or all information about and concerning your account. You understand and agree that we shall not have any liability to you or any other person for any termination of your access to the Website or the Services or the removal of information concerning your account. If you violate the Agreement, we may pursue damages or any other remedies available to us, including without limitation specific performance or injunctive relief, against you in any forum we deem appropriate.
Disputes between youand us should be reported to our customer service. You can contact us by email at email@example.com. We will attempt to promptly and amicably resolve any such disputes.
The Agreement constitutes the entire agreement between you and us concerning the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter hereof. The Agreement may only be modified by a written amendment signed by an authorized executive of us or by the posting of a revised version by us to the Website. Except to the extent applicable law provides otherwise, the Agreement and any access to or use of the Website or the Services shall be governed by the laws of the State of California, without regard to the conflict of laws rules thereof. All disputes of any nature related to the Agreement shall be determined by final and binding arbitration in Los Angeles County, California before a single arbitrator. The parties shall agree on the rules and procedures to be followed in the arbitration. If the parties are unable to agree on the rules and procedures to be followed within 15 days, the arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, and the arbitrator shall apply the laws applicable in the State of California (without regard to the conflict of laws rules thereof). Judgment on the arbitral award may be entered in any court having jurisdiction thereof. The foregoing arbitration provisions shall not preclude either party from seeking an injunction or other provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator shall, in the arbitral award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and reasonable attorneys’ fees of the prevailing party, for payment by the non-prevailing party, and shall determine the prevailing party for this purpose. The parties further agree that (i) any claims brought by either party must be brought in such party’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding, and (ii) the arbitrator may not (x) consolidate more than one person’s claims, (y) otherwise preside over any form of a representative or class proceeding or (z) award class-wide relief. A waiver by any party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under the Agreement to any party that consents to and agrees to be bound by the Agreement; we may assign our rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.