Terms and Conditions2018-05-23T18:17:25+00:00

Terms and Conditions

  1. Terms

1.1    These terms and conditions shall govern your use of our website.

1.2    By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3    If you place an order with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4    You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

1.5    Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

  1. Our Services

2.1    Boomfilings is a document filing service company. We provide tax information and general legal information, but we are not a law firm. Boomfilings is a website based on automated software for document preparation only. The information on our website is for general informational purposes and to help customers create their own documents. We may review errors, but we do not provide legal assistance or tax advice.

  1. Copyright Notice

3.1    Copyright 2018, Boomfilings©

3.2    Subject to the express provisions of these terms and conditions:

(a)    We, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)    All the copyright and other intellectual property rights in our website and the material on our website are reserved.

  1. General Conditions

4.1    You may:

(a)    view pages from our website in a web browser;

(b)    download pages from your order;

(c)    print pages from our website;

(d)    use our website services by means of a web browser,

subject to the other provisions of these terms and conditions.

4.2    Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

4.3    You may only use our website for personal information and for orders. You must not use our website for any other purposes.

4.4    Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

4.5    Unless you own or control the relevant rights in the material or have our permission, you must not:

(a)    republish material from our website (including republication on another website);

(b)    sell, rent or sub-license material from our website;

(c)    exploit material from our website for a commercial purpose; or

(d)    redistribute material from our website.

4.6    Notwithstanding Section 4.5, you may display our services in print and electronic form to any person interested.

4.7    We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

  1. Acceptable Use

5.1    You must not:

(a)    use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)    use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)    use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)    conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e)    access or otherwise interact with our website using any robot, spider or other automated means without our express written consent;

(f)    violate the directives set out in the robots.txt file for our website; or

(g)    use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing) without our express written consent.

5.2    You must not use data collected from our website to contact individuals, companies or other persons or entities.

5.3    You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

  1. Registration and Accounts

6.1    To be eligible to place an order on our website under this Section 6, you must be a resident or situated in the United States of America.

6.2    You are not able to sign up for an account on our website.

6.3    You must not allow any other person to place an order for you.

6.4    You must notify us in writing immediately if you become aware of any unauthorized charges to your debit or credit card from our website.

6.5    You must not use any other person’s information to place an order on our website, unless you have that person’s permission to do so.

  1. State Filing Fees

7.1    State filing fees must be paid in full. Once we ship your order to the Department of State, the state fees are non-refundable. State fees includes county fees, courier fees, processing fees, etc. You agree that we are authorize to pay the fees to your Department of State on your behalf.

  1. Register Agent Service

8.1    Our partner Northwest RA or another third party provider will serve as your registered agent when your business is officially filed with the state for the total price of $149.99. Any agreements to purchase Registered Agent Services is between you and Northwest RA or another third party. We provide your information to Northwest RA in order for them to serve as your registered agent. The service will renew each year and will automatically bill your card for $149.99. We will continue to collect the Registered Service Agent service fees and pay on your behalf unless you opt-out of the service. Keep your credit card and other information current to continue services with Northwest RA. Boomfilings will communicate with Northwest RA and will assist you with all of the paperwork. You can cancel at anytime as long as you assign a new registered agent and then provide us with the information through email. You will receive a separate email from this order providing you with more information.

  1. Refund and Cancellation Policy

9.1    You may receive a full refund if you immediately send us an email before we ship your order to the Department of State. You have a choice to put your order on hold for up to 6 months or simply cancel your order. Once we ship your order out, your business is active and you will not be able to receive a refund. Your next step is to dissolve your business, which is a different process and separate fees.

9.2    We may cancel your order at any time in our sole discretion without notice or explanation.

  1. Information You Provide

10.1  The information you provide will comply with these terms and conditions.

10.2  The information must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person in each case in any jurisdiction and under any applicable law.

10.3  The information you provide, and the use of your information by us in accordance with these terms and conditions, must not:

(a)    be maliciously false;

(b)    be obscene or indecent;

(c)    infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d)    infringe any right of confidence, right of privacy or right under data protection legislation;

(e)    constitute negligent advice or contain any negligent statement;

(f)    constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g)    be in contempt of any court, or in breach of any court order;

(h)    be in breach of racial or religious hatred or discrimination legislation;

(i)    be blasphemous;

(j)    be in breach of official secrets legislation;

(k)    be in breach of any contractual obligation owed to any person;

(l)    be untrue, false, inaccurate or misleading;

(m)   consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(n)    constitute spam;

(o)    be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(p)    cause annoyance, inconvenience or needless anxiety to any person.

  1. Limited Warranties

11.1  We do not warrant or represent:

(a)    the completeness or accuracy of the information published on our website;

(b)    that the material on the website is up to date; or

(c)    that the website or any service on the website will remain available.

11.2  We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

11.3  To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

  1. Limitations and Exclusions of Liability

12.1  Nothing in these terms and conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law.

12.2  The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a)    are subject to Section 12.1; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort including negligence and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

12.3  To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

12.4  We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

12.5  We will not be liable to you in respect of any business losses, including without limitation loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

12.6  We will not be liable to you in respect of any loss or corruption of any data, database or software.

12.7  We will not be liable to you in respect of any special, indirect or consequential loss or damage.

12.8  You accept that we have an interest in limiting the personal liability of our officers and employees and you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions. This will not, of course, limit or exclude the liability for the acts and omissions of our officers and employees.

  1. Breaches of these Terms and Conditions

13.1  Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)    send you one or more formal warnings;

(b)    temporarily suspend your access to our website;

(c)    permanently prohibit you from accessing our website;

(d)    block computers using your IP address from accessing our website;

(e)    contact any or all of your internet service providers and request that they block your access to our website;

(f)    commence legal action against you, whether for breach of contract or otherwise; and/or

13.2  Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

  1. Variation

14.1  We may revise these terms and conditions from time to time.

14.2  The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. OR we will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.

14.3  If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, then you must stop using the website.

  1. Assignment

15.1  You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

15.2  You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

  1. Severability

16.1  If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

16.2  If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  1. Third Party Rights

17.1  A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

17.2  The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

  1. Credit

18.1  This document was created using a template from SEQ Legal (seqlegal.com). The document used from SEQ Legal was modified to fit the terms and conditions of DollarbizOnline.

  1. Entire agreement

19.1  Subject to Section 12.1, these terms and conditions and any policies by us on this website shall constitute the entire agreement between you and us in relation to the use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

  1. Governing Law

20.1  These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York, without to its conflict of law principles.

  1. Dispute Resolution

21.1  If the parties are unable to resolve a dispute through informal negotiations, the disputes (except those disputes expressly excluded below) will be finally and exclusively resolved by 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. If such costs are determined to by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission od 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 Queens County, NY. 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 arbitrator.

21.2   If for any reasons, a dispute proceeds in court rather than arbitration, the dispute shall be commenced or prosecuted in the state and federal courts located in Queens County, NY, and the parties hereby consent to, and waive all defenses of lack of personal jurisdiction 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 Act (UCITA) are excluded from these terms and conditions.

21.3   In no event shall any disputes by either party related in any way to the site be commenced more than (1) year 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 fount 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.

21.4   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 proceedings;

(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.

21.5   If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any dispute falling that portion of this provision found to be the illegal or unenforceable and such dispute shall be decided by a court competent jurisdiction within the courts listed for jurisdiction above, and parties agree to submit to the personal jurisdiction of that court.

  1. Authorization

21.1   You agree that by submitting an order on Boomfilings, either via web or phone that you are allowing us to sign paperwork, electronically or otherwise, on your behalf as an authorized representative or authorized person.

  1. Our Contact Information

23.1   You can email us at [email protected] or you can contact us by visiting our support page.

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