In this Agreement “you” and “your” refer to each customer or website visitor, “we”, “us” and “our” refer to Active Filings LLC, (Active Filings or AFL), ActiveFilings.com, its contractors, agents, employees, officers, directors and affiliates and “Services” refers to the services provided by us.

Disclaimer

THIS SITE IS PROVIDED AS-IS WITH NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ASSUME COMPLETE RESPONSIBILITY AND RISK FOR USE OF THIS SITE AND ANY AND ALL SITE-RELATED SERVICES. Some jurisdictions do not allow the exclusions of implied warranties, so the above exclusion may not apply to you.

AFL, ITS AGENTS, REPRESENTATIVES AND EMPLOYEES ARE NEITHER RESPONSIBLE NOR LIABILE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR ITS SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

AFL SHALL NOT BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF THIS AGREEMENT OR ANY GOODS OR SERVICES PROVIDED, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. EACH PARTY HEREBY WAIVES ANY CLAIMS THAT THESE EXCLUSIONS DEPRIVE SUCH PARTY OF AN ADEQUATE REMEDY.

YOU ACKNOWLEDGE THAT THIRD PARTY PRODUCT AND SERVICE PROVIDERS ADVERTISE THEIR PRODUCTS AND SERVICES ON THE AFL WEB SITE. AFL FORMS “PARTNERSHIPS” OR ALLIANCES WITH SOME OF THESE VENDORS FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF THESE PRODUCTS AND SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME IS AFL MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY’S PRODUCTS OR SERVICES, NOR WILL AFL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY PRODUCTS AND SERVICES. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST AFL WITH RESPECT TO THIRD PARTY PRODUCTS AND SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the our services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. You understand that any corporate resolutions that are downloaded from the Activefilings’ site are downloaded at your sole discretion and risk. We make no warranty regarding any goods or services purchased or obtained or any transactions entered into with AFL. No advice or information, whether oral or written, obtained by you from AFL shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

AFL at its sole discretion, may choose to change the terms, conditions and operation of this Web site at anytime. By using this service the user waives any rights or claims it may have against AFL.

The content available through the Site is the sole property of AFL or its licensors and is protected by copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, AFL-owned content received through the Site may be downloaded, displayed, reformatted and printed for your personal, non-commercial use only. Content owned by AFL licensors may be subject to additional restrictions. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through the Site to anyone, including but not limited to others in the same company or organization without AFL’S express prior written consent.

THIS SITE IS NOT A SUBSTITUTE FOR LEGAL COUNSEL

The materials posted on www.activefilings.com are provided for public informational purposes only, and do not constitute individualized legal advice. Your review of the posted materials does not establish any form of attorney-client relationship between you and AFL. You should consult qualified legal counsel to determine the current law and how it may apply to your particular situation.

Dissatisfaction

If an order is cancelled after payment has been taken by ActiveFilings.com we will refund the total order amount less a $30 dollars processing fee. If the order is cancelled after the formation documents have been created, we will refund the total amount of the order less a $50 dollar processing fee provided that the formation document is not already filed with the state.

If the corporation is deficiently formed and/or an error is made on the part of AFL, AFL will undertake reasonable efforts to cure and amend any necessary documentation, or will refund the fees paid to ActiveFilings.com, at our sole discretion.

Money paid to AFL that has already been paid to the state (i.e. filing fees, including but not limited to expedited service fees) or to suppliers (i.e. Corporate Kit) is not refundable.

Link Disclaimer

Links to other sites are provided only as a courtesy to AFL customers. These links do not constitute an endorsement of products, services or information provided by other sites. Further, the inclusion of links to other sites does not imply that the other sites have given permission for inclusion of these links, or that there is any relationship between AFL and the linked site. AFL is not responsible for the privacy practices or the content of others web sites. AFL hereby disclaims any representations or warranties expressed on any site other than our own.

Email Transmissions

Our site uses an online secure order form for customers to apply for our services. When you send AFL an electronic mail transmission (as distinguished from a secure order form, which is encrypted), the electronic mail transmission is not necessarily secure and is not encrypted. Accordingly, email transmissions are not necessarily protected from unauthorized access. Transmission of email is at your own risk. AFL cannot accept responsibility for your transmission of confidential information or any obligation with respect to that information not submitted over the secure server.

Governing Law

By using this site, you submit to the exclusive jurisdiction of the state of Florida and federal courts, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

You agree that, if an agent for you (i.e., an Internet Service Provider, employee, etc.) purchased our Services on your behalf, you are nonetheless bound as a principal by all terms and conditions herein.

AFL may modify these terms of use at any time by making such modification on this page.

BY USING THIS SITE AND/OR ANY SERVICES RELATED THERETO, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF USE.

All documents listed below are hereby incorporated into this Terms of use Agreement and Disclaimer by reference.

Thank you for choosing ActiveFilings.com as your filing service. Please feel free to contact us with any questions or concerns you may have.