TERMS AND CONDITIONS (“Agreement”)
ACCEPTANCE OF TERMS THROUGH USE
By using this site or by clicking “I agree” to this Agreement, you signify your agreement to these terms and conditions. If you do not agree to this Agreement, please do not use this site and do not click “I agree”. Please check this Agreement periodically for changes as the owner of this site, SunDoc Filings, Inc., a California corporation (“Company”), reserves the right to revise this Agreement and your continued use of this site following the posting of any changes to the Agreement constitutes acceptance of such changes. This Agreement applies to licensors and advertisers as well.
YOU MUST BE OVER 18 TO AGREE TO THIS AGREEMENT AND USE THIS SITE
This Agreement must be completed, understood, and agreed to by a person over 18 who is legally able to enter into a contract. If you are (a) not yet 18, (b) not legally able to enter into a contract, or (c) accessing this site from any country where material on this site is prohibited or illegal, please leave now as you do not have permission to access this site.
LICENSE TO USE THIS SITE
Upon your agreement to this Agreement, the Company hereby grants you a non-exclusive, non-transferable limited license to use this site in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on this site. The Company reserves the right to terminate your license to use this site at any time without notice whether for cause or no cause. You agree not to make any false or fraudulent statements in your use of or to gain access to this site. You acknowledge and agree that all content and services available on this site are property of the Company and its advertisers and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by the Company, its advertisers and licensors. You agree to pay for any and all purchases and services made using your name and credit card through this Site, not to challenge any such charges and to pay for all collections and/or attorneys’ fees resulting from any non-payment.
Except as may be explicitly permitted through this site, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code or content on or from this site. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Company is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
You agree that if you are issued a Username and Password by the Company, you shall use your best efforts to prevent access to this site through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying the Company immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a Username and Password not easily guessed by a third party.
You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that the Company shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.
You agree that you shall comply with all applicable export and import control laws and regulations in your use of this site, or materials or services received through this site, and, in particular, you shall not export or re-export anything on or received through this site in violation of local or foreign export laws and/or without all required U.S. and foreign government licenses.
If you are a branch or agency of the U.S. Government, the following provision applies. This site and its code, contents, services and accompanying documentation are comprised of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are provided to the Government (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995). Unpublished rights are reserved under the copyright laws of the United States.
USER'S SUBMISSIONS TO SITE
Except with regard to personal information, all information which you post on this site or communicate to the Company through this site (collectively “Submissions”) shall forever be the property of the Company. The Company shall not treat any Submission as confidential and shall not incur any liability as a result of any similarities that may appear in future services or products. Without limitation, the Company shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that your Submission does not infringe the rights of any third party.
The Company’s, licensors’ or other third party materials, services or products referenced on this site are common law or registered trademarks or service marks of such parties.
NOTICE FOR CLAIMS OF INTELLECTUAL PROPERTY VIOLATIONS AND AGENT FOR NOTICE
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellecual property rights have been otherwise violated, please provide SunDoc Filings with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Website, with enough detail that we may find it;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
SunDoc Filings Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By Mail: Stanley Huser, President c/o SunDoc Filings 7700 College Town Drive, Suite 205, Sacramento, CA 95826
By Phone: 916.388.9800
THIRD PARTY SITES
You may be transferred to online merchants or other third party sites through links or frames from this site. You are cautioned to read such sites’ Terms and Conditions and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of your use of such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other sites are not under the control of the Company, are not monitored or reviewed by the Company, and the Company is not aware of the contents of such sites. You acknowledge that the Company is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. The inclusion of such a link or frame does not imply endorsement of this site by the Company, its advertisers or licensors, nor any association with its operators and is provided solely for your convenience. You agree that the Company and its licensors have no liability whatsoever from such third party sites and your usage of them.
DISCLAIMER OF WARRANTIES
THE COMPANY AND ITS ADVERTISERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. ALL INFORMATION AND USE OF THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY AND ITS ADVERTISERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE, INCLUDING ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY AND ITS ADVERTISERS AND LICENSORS DO NOT WARRANT THAT THE CONTENT OR ANY INFORMATION RECEIVED THROUGH THIS SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT OR ANY INFORMATION RECEIVED THROUGH THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTY, REPRESENTATION, OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THIS DISCLAIMER MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF YOUR JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS ADVERTISERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF YOUR USE OF, OR INABILITY TO USE, THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY AND ITS ADVERTISERS AND LICENSORS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
You represent and warrant to the Company that the information supplied by you is accurate and complete. You acknowledge that the Company is relying upon such information in the preparation and completion of your order without any verification as to its accuracy or completeness.
You agree to defend, indemnify, and hold harmless the Company and its advertisers, licensors, subsidiaries, and other affiliated companies, and their respective employees, contractors, officers, agents, shareholders, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of this site, or any services, information or products from this site, the information provided by you, or any violation of this Agreement including any representation or warranty by you. The Company reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Company in asserting any available defenses.
The Company may suspend or terminate this Agreement or your use immediately upon receipt of any notice which alleges that you have used this site for any purpose that violates any local, state, federal law or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In addition, you acknowledge that the Company has the right to report to law enforcement authorities any action that it may suspect to be illegal, as well as any reports it receives of such conduct. In any such event, the Company may disclose your identity and contact information, if requested by a government or law enforcement official or as a result of a subpoena or other legal action, and the Company shall not be liable for damages or results thereof. When requested, the Company will cooperate fully with law enforcement agencies. You agree not to bring any action or claim against the Company for such reporting, disclosures, or cooperation.
CHOICE OF LAW AND FORUM
This site (excluding third party linked sites) is controlled by the Company from its offices within the State of California, United States of America. It can be accessed from all 50 states as well as from other countries around the world to the extent permitted. As each of these jurisdictions has laws that may differ from California, by accessing this site, both you and the Company agree that this Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to any conflict of laws rules. You consent, freely and voluntarily, to the personal jurisdiction of any state or federal court within the County of Sacramento, California. You and the Company also agree that any action between you and the Company arising out of or relating to this Agreement or your use of the site shall be filed only and exclusively in the state or federal courts within the County of Sacramento, California and that any legal proceedings shall be conducted in English. The Company makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.
USE OF, AND NO INFORMATION CONTAINED ON, THE SITE IS TO BE CONSTRUED AS GIVING LEGAL OR TAX/FINANCIAL ADVICE.
The Company is a public document filing and retrieval company. It is neither a law firm nor is it comprised of attorneys, accountants, paralegals, or any other professional group. The Company is not authorized to give legal or tax advice. The Company recommends that you seek the services of a licensed attorney or accountant to answer your legal and tax related questions. Information contained in the corporate and LLC kits is provided with the understanding that the Company is not rendering tax, accounting, legal, or any other type of advice. If you have specific questions, the services of a licensed attorney, accountant or other professional licensed in the state of incorporation/organization or other applicable jurisdiction should be secured.
RELIANCE ON INSTRUCTIONS
You agree that the Company may act and rely upon any instruction, information, document, filing, name, email address, or user password that meets this site’s automated criteria or which is believed by the Company’s personnel to be genuine. For any password protected areas, the Company may assume a person entering a user name and associated password is, in fact, that user or is authorized by that user to act on his or her behalf. The Company may assume the latest email address and registration information on file with the Company is accurate and current. When programmed to do so, the Company may take prescribed actions in the absence of receiving proper and complete contrary instructions.
If you choose to cancel your order, you will be responsible for a $25 cancellation fee in addition to any charges the Company has incurred in processing your order. The Company prides itself on processing documents within minutes of receiving payment. You should be aware that once a document is sent to the state filing agency, it cannot be cancelled.
NAME AVAILABILITY DISCLAIMER
SunDoc Filings, Inc. only checks name availability in the state you request. For additional service and state fees, the Company can check name availability in as many states as you would like. You should understand that a name can be available in one state and not available in another. The Company only checks name availability with the state filing agency and does not compare the name to existing state and federal trademarks or trade names. The Company makes no representation or guarantee that your proposed name does not violate any federal or state statute or another entity's trademark or trade name. It is up to you to conduct applicable research regarding potential violations prior to hiring the Company’s services.
Although the Company checks name availability with the state agency prior to submitting your document, the Company makes no guarantees that the name will actually be available. In some cases, the representative at the state filing agency mistakenly gives approval for a name that is not actually available. Although rare, filing officers may decide at a later date that your desired name is deceptively similar to another entity name and may refuse to file the document until another name is given. The Company is not responsible for such an unfortunate event because it is out of its control. However, the Company will do everything in its power to try to remedy the situation.
If the document has already been prepared and submitted to the state filing agency and is rejected for any reason deemed by the state filing agency, the Company will re-file the document at a reduced service fee provided the corrected document is received in the Company’s office within 14 calendar days after you have been notified of the rejection. Documents that are received after 14 calendar days will be charged as new filings. In addition to a resubmit service fee, you are responsible for any statutory filing fees, correspondent fees, and shipping fees. If you no longer want to form the entity after the original document has been rejected, under no circumstances will the Company refund any of its service fees. The Company will refund any statutory fees or remaining fees that were not utilized.
NON RECEIPT OF AN ORDER POLICY
All of the Company’s services indicate a standard turnaround time. If a reasonable amount of time has passed and you have not received an e-mail, fax, FedEx, UPS, or U.S. mail (although the Company does not guarantee U.S. mail), it is your responsibility to contact the Company within a week of non receipt of an order. If you wait to contact the Company at a later date, it will be harder for the Company to locate the order or to verify no receipt of an order. It is your responsibility to check all e-mail and spam folders and check with any staff that may have received a package prior to contacting the Company. It is your responsibility to verify whether or not the order has been received. You agree to hold the Company harmless for any future liability that results in an order not being processed or received by the Company or by you. If it is discovered in the future that an order was never received by the Company (the order) or by you (completed order), the responsibility lies with you. The Company is not responsible for technical problems, government agencies, or mail/courier services. Under no circumstance, will the Company be responsible for any lost order. If you discover that a document has not been filed or retrieved and you have not contacted the Company within a reasonable time (not exceeding 30 days), then you will be solely responsible for any expense incurred by the Company including legal fees to defend this policy. The Company considers itself competent and ethical and does everything in its power to complete orders correctly and as they have been provided to the Company. This policy has been enacted to protect the Company and you.
CORPORATE AND LLC KITS
All kits are custom made to your exact specifications. Therefore, no refunds will be issued for corporate or LLC kits. Most corporate or LLC kit orders are placed immediately with the manufacturer. If an order for a kit has been placed and you cancel the order shortly after placement, the Company will do its best to stop the production of the kit. A cancellation fee of $5.00 will be retained for the Company’s time, long distance phone calls, and inconvenience. Please double check the information you have entered prior to purchasing the kit. In addition, all seal embossers and stock/membership certificates are custom made and no refunds will be issued. If a kits packaging is damaged upon arrival, it is your responsibility to notify the Company immediately before opening the package. If you receive the package in person from the shipping company, it is your responsibility to make the report to the shipping company’s delivery person before accepting the package. If the package has been accepted and opened, the manufacturer has the right to inspect the packaging and the damaged kit prior to sending a replacement. You agree to follow all shipping instructions given by the Company in order to receive a replacement kit. No refunds will be given if the kit is damaged; only replacement kit parts will be given.
This Agreement incorporates by reference the Site Submission Rules if this site allows posting and posts such Rules. This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of the Company. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law. You shall not assign or transfer this Agreement and any such transfer shall be void.
The Company values your opinions, questions, and concerns about this Agreement. If you have a question or concern, the Company requests that you discuss these issues with the Company prior to placing your order. After placement, this Agreement applies.