Last updated: March 14, 2024

These Terms of Use (the “Terms”) apply to websites, online platforms, and mobile applications (collectively, the “Sites”) in the control of BOI FILING EXPERTS, its successors and assigns, and its subsidiary and affiliate companies (“we,” “us,” “our,” and “GKV”).

As a condition of accessing or using the Sites, you acknowledge that you have read and understand these Terms and that the Terms are a legal contract between you and BOI FILING EXPERTS governing your use of the Sites. You also agree to be bound by any rules and policies published on the Sites. By accessing or using the Sites, you also certify that you are at least 18 years of age, and that, if you are acting on behalf of another person, you are authorized to do so. We are willing to provide you with access to our Site only on the condition that you accept all of the terms and conditions contained in this Agreement. By accessing or using our Site, you agree to be bound by this Agreement and all of its terms without change. If you are using our site on behalf of a company or organization, such company or organization will also be considered a party to this Agreement. 

READ THE TERMS CAREFULLY BEFORE ACCESSING OR USING ANY OF THE SITES. USE OF THE SITES CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SITES.

If you are under the age of 13, you may not use this site.

We offer an online platform tailored for law, accounting, and other professional service providers, as well as professional filers and reporting companies, to conveniently submit their or their clients  Corporate Transparency Act (the, “CTA”) filings (the “Service”). It’s important to note that we are not a law, accounting, or professional firm, nor are we a governmental or regulatory entity.

Starting January 1, 2024, CTA filings are mandated by the Financial Crimes Enforcement Network (FinCEN), a bureau of the United States Department of the Treasury focused on combating financial crimes like money laundering and terrorist financing. Information provided through our service for CTA filings will be directly transmitted to FinCEN.

While our service streamlines the filing process, we do not provide financial or regulatory guidance. For questions regarding CTA compliance, it’s advisable to consult with a qualified professional such as a lawyer, accountant, or other relevant expert. The content on our platform should not be interpreted as legal or financial advice, nor should it substitute for obtaining advice from a qualified professional.

License

All of Products and Services as well as all information accessed through or displayed on the Site (including but not limited to such things as all text, user interfaces, visual interfaces, sounds, graphics, computer code, expression, “look and feel,” etc.) (collectively, “Content”), is owned or controlled by or otherwise licensed to BOI FILING EXPERTS, and is protected by copyright, trade secret, and other intellectual property laws. BOI FILING EXPERTS hereby grants to you, the user, a personal, limited, revocable, non-transferable and non-exclusive license to access the Site and to utilize the Products and Services and Content for the limited and specific purpose of preparing and/or filing Reporting Companies’ Applicants, persons with Beneficial Ownership Interest and/or persons with Substantial Control  as required under FinCEN and the CTA and those specific goods and services related thereto as made available or facilitated through the Site or the Products and Services.

Personal and Noncommercial Use and License

We may provide users with products and services in preparing and/or filing Reporting Companies’ Applicants, persons with Beneficial Ownership Interest and/or persons with Substantial Control  as required under FinCEN and the CTA (“services and information”) for personal, non-commercial use. We grant you access to the site during the term of this agreement solely to receive the services and information.

Your eligibility for any of our particular products and services is subject to our final approval and acceptance.

Except as expressly provided otherwise, we grant you a personal, limited, revocable, non-transferable and non-exclusive license to display on your computer, print, download and use screen displayed text, audio clips, video clips and other such content that is made available to you on the site, solely for your own non-commercial, personal purposes necessary to receive the services and information provided on the site, provided that: (i) you do not (and do not allow any third party to) modify or create a derivative work of any such content; and (ii) you include with and display on each copy of such content the associated copyright notice. No other use is permitted. Without limiting the generality of the foregoing, you may not, without prior written approval: (i) include such content in or with any product or service that you create or distribute; (ii) include such content on another Internet website; (iii) reproduce, duplicate, copy, sell, rent, resell or exploit for any commercial purposes any portion of the Site, use of the Site, or access to the Site; or (iv) establish hyperlinks to any page other than the homepage of the Site or create any frame containing any portion of the Site, on any other website or text document with hyperlink capabilities. Further, you may not direct any other person to do any of the foregoing. You agree not to access the Site by any means other than through a commercially available web browser. You will not access or attempt to access password protected, secure or non-public areas of the site without our prior written permission. 

You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative work from, transfer, or sell any information, products, goods or services obtained from or accessed via the Site. As a condition for your access to and use of the Site and the Products and Services, you hereby agree that you will not use the Site or any of the Products and Services for any purpose that is illegal, immoral, contrary to public law, abusive, threatening, harassing, or in any way which would or might violate the legal rights, such as rights of privacy, of any other individual or third party, or in any way contrary to these Terms of Use. Without providing an exhaustive list, examples of such unlawful and/or prohibited conduct shall include the following: 

A. Engaging in the preparation and/or filing of any fraudulent filing—whether for yourself or another;

B. The use of any computer code, data mining software, “robot,” “deep-link,” “page-scrape,” “spider” or other automatic device, program, or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Site or any of the Products or Services offered via the Site;

C. Transmitting any material that contains software viruses, Trojan horses, worms, time bombs, or any other computer code or files which may interrupt, destroy or limit the functionality of the Site or any of the Products and Services;

D. Impersonating anyone or assuming the identity of anyone;

E. Attempting to gain access to any portion or feature of the Site or any other systems or networks connected to the Site, or any of the Products and Services offered on or through the Site, by hacking, password mining or any other illegitimate or illegal means;

F. Attempting to access, collect or store the personal data of any other users.

You will comply with all privacy laws.

You agree that the intended purposes and functionalities offered by virtue of the Site and the Products and Services is for the preparation and e-filing of Reporting Companies’, Applicants, persons with Beneficial Ownership Interest and/or persons with Substantial Control  as required under FinCEN and the CTA  and any other Products and Services specifically offered via this Site.

(a) For Reporting Company/Filers: By utilizing the Service to submit your entity’s CTA filings, you assume responsibility for yourself and your entity, including ensuring the timely submission of CTA filings to FinCEN. While the Service is structured for you to address mandatory CTA queries, it relies on your truthful, accurate, and comprehensive responses, which may require updating if circumstances change. Usage of the Service is at your own risk, and you bear full responsibility for all outcomes within the limits of the law. By using the Service, you agree not to hold BOI FILING EXPERTS accountable in any manner for your CTA compliance or filings.

Furthermore, you acknowledge and consent to the following:

– Inputting specific financial and confidential data into the Service in response to mandatory CTA queries is necessary for Service utilization. You understand that measures have been implemented to safeguard your information, though no computer system is entirely impervious to breaches.

– The Service does not assure CTA requirement compliance or guarantee future compliance.

(b) For Professional Filers (Law, Accounting, and Professional Service Firms): If you’re a Professional Service Firm or Professional Filer using the Service for client filings, you accept responsibility for your clients’ utilization of the Service. You are accountable for the information you provide, including the accuracy and completeness of all submitted Content and Registration Data, as well as ensuring the timely submission of CTA filings to FinCEN, and adhering to all relevant laws related to Service use. BOI FILING EXPERTS has instituted safeguards and protocols to safeguard entered information for CTA filings, but you must also take measures to protect the privacy and confidentiality of information shared by your agents and Client Users. As a Professional Service Firm or Professional Filer, whether authorized by the Client User or not, you affirm that (i) you’re authorized to act on behalf of your Client User, (ii) you’re allowed to share all Content and Registration Data provided to the Service, and (iii) you won’t upload or utilize your Client User’s Content or Registration Data or divulge it to any other entity without your Client User’s consent.

You acknowledge BOI FILING EXPERTS is not responsible for verifying the accuracy of the data you enter, and that BOI FILING EXPERTS will not attempt to verify such accuracy. You also agree that you are solely responsible for complying with all laws, regulations, and instructions regarding FinCEN’s BOI report submissions, including record keeping requirements of each company reported.

If your access or use of the Site or any of the Products and Services violates the provisions of this section or any other section of these Terms of Use, your rights to access and/or use of the Site and any of the Products and Services offered thereon shall automatically terminate. In such event, We shall have the right to take such actions as is necessary to prevent your future use and/or access to the Site and any of the Products and Services and may cooperate with any state, federal or other law enforcement and/or regulatory agency as We deem appropriate to protect our own interests and/or the interests of other users and/or the public. You acknowledge and agree that BOI FILING EXPERTS shall not be responsible or liable to you or any other third party by virtue of a decision to terminate your access to and/or use of the Site and any of the Products and Services, or to cooperate with any state, federal or other law enforcement and/or regulatory agency as We deem appropriate.

Privacy

We respect and are committed to protecting your privacy. Certain Sites may collect personal information from you to provide the services and products you have requested from us. You should only provide personal information where specifically requested within the Sites. You are responsible for the personal information that you enter or transmit on the Sites. Personal information entered in portions of the Sites intended to collect that information is not considered User-Created Content, and, as between you and BOI FILING EXPERTS, you remain the owner of your personal information. Our use of personal information is governed by the provisions of our Privacy Notice. We recommend that you read the Privacy Notice prior to submitting your personal information on the Sites. You consent to BOI FILING EXPERTS collection, use, and disclosure of personal information as described in the Privacy Notice. You are fully responsible for ensuring that you restrict entry of personal information only to the portions of the Sites intended to collect that information. You are fully responsible for ensuring that personal information you submit is accurate, current, and complete; that you submit only your own personal information or have obtained permission from the owner of personal information you submit on that owner’s behalf; and that you and anyone whose personal information you submit are over the age of eighteen (18). If you are under the age of 18, please do not create a user account or send any personal information about yourself or others.

For Reporting Companies that are referred by link or code to BOI FILING EXPERTS by an Affiliate of  Compliance partners: You acknowledge that we will report to your referring affiliate the name of the Reporting Entity and the date which we received a BOI Transcript.

Fees

You agree to pay all fees incurred in connection with your use of this Site and any of the Products and Services accessed via the Site. BOI FILING EXPERTS reserves the right to change its fee structure and/or to add new fees as it shall determine. The Fee shall be deemed earned once the payment is made and you begin the process of filling out the reporting form. Failure to pay will result in access to the Site being restricted and/or the corresponding Products and Services not being fulfilled and/or delivered.

Refund requests must be submitted to BOI FILING EXPERTS before initiating any CTA filing through the Service. Refund requests received before commencing any CTA filing will be processed accordingly. However, no refunds will be issued after utilizing the Service to initiate a CTA filing. In the event of account cancellation at any time, refunds will not be provided. Once the Service has been utilized for a CTA filing and/or a subscription service has been purchased, all transactions are considered final.

User Responsibilities 

In order to use the Site, you must obtain access to the Internet and pay any service fees associated with such access. System availability and access to the services and information available on the Site may be limited or unavailable for reasons which may include, without limitation, system performance, telecommunications failure, hardware failure or software failure. You are responsible for your use of your Internet browser, the Website, and the services and information provided on the Site. We are not responsible for deletion of data, timeliness of services, or the failure to store any of your data or personalization settings.

User Account, Password, and Security

There may be portions of the Site that require you to create a user account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your password or account, or any other breach of security of which you are aware, and to ensure that you properly close out of your account at the end of each session. We may, in our sole discretion, terminate your password, account (or any part thereof) or use of the Site at any time and for any or no reason. BOI FILING EXPERTS will not be liable to you or any third party for any termination of your access to the Site. If your status as a user of this Site is terminated, you will (i) stop using the Site and any information obtained from the Site, and (ii) destroy all copies of your account information, password and any information obtained from this Website.

You agree that any information you provide to us through the Site will be accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete as of the date the information was provided, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right, without limitation, to suspend or terminate any of your accounts and to refuse any and all current or future use of the Site (or any portion thereof) and the services and information provided on the Site. 

Any account you create on this Site is separate from any account created to use independently with FinCen.

Confidential Information

You agree that you will not disclose our Confidential Information to any person or entity, other than as necessary to use the services and information provided on the Site. You will not use or permit the use of any Confidential Information except as necessary in connection with the services and information. You shall use at least the same degree of care in safeguarding the Confidential Information as you use in safeguarding your own confidential information, but in no event shall you use less than due diligence and care. “Confidential Information” means all information or material which: (i) is obtained from password protected portions of the Site or (ii) (A) is marked “Confidential,” “Restricted,” or other similar marking, (B) is known by the parties to be considered confidential, or (C) is or should be known or understood to be confidential or proprietary by an individual exercising reasonable judgment.

Accuracy Guarantee

BOI FILING EXPERTS may provide you the ability to print a copy of the information you enter to submit the FinCEN, the BOI report, but you understand and agree that Company will only provide unformatted data to you upon request, and may not provide an exact copy of the BOI report that is submitted to FinCEN. However, Company has no obligation to store your information other than to the extent required by applicable law and regulations. We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. 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 Services. 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. BOI FILING EXPERTS cannot and does not assume any liability, claim, or loss for any user generated errors, including but not limited to data entry errors. 

You further understand that failure to comply with the FinCEN BOI reporting requirements, including submission of late, incomplete, inaccurate, or fraudulent BOI reports, may result in penalties and/or criminal liability. You agree and acknowledge that BOI FILING EXPERTS is and shall not be liable for any such penalties or legal consequences resulting from your use of BOI FILING EXPERTS’s Service, and that you are solely responsible for confirming successful filing of your BOI report with FinCEN.

SMS Terms

You can receive different types of text messages from us. By accepting these Terms you agree to receive text messages from us, you agree to and understand the following:

  • Your wireless service carrier’s standard text message and data rates may apply.
  • You agree that we may communicate with you by automated SMS, MMS, text message or other electronic means to your mobile device.
  • Message frequency varies.
  • In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information.
  • We may send you a message to confirm your choice to receive text messages.
  • You can cancel text messaging at any time by replying “STOP” to the most recent text message you received.
  • If you have agreed to receive multiple types of text messages, you will need to cancel each message type separately.
  • We will send you a text message to confirm you have been unsubscribed.
  • Reply “HELP” for instructions and how to unsubscribe.
    • This may not be available for some message types.

Feedback Provided by Users, and Site Content

You may provide BOI FILING EXPERTS with your feedback, suggestions, or ideas for the Site. You grant Us a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty-free license to use your feedback, suggestions, and ideas in any way, including in future modifications of the Site, other products or services, advertising, or marketing materials.

BOI FILING EXPERTS has no obligation to monitor the Site. However, you acknowledge and agree that BOI FILING EXPERTS has the right to monitor the Site and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, to monitor the security of the Site and to detect unauthorized uses, and to protect itself and its customers. BOI FILING EXPERTS will not intentionally monitor or disclose any private electronic-mail message submitted via the Site unless required by law. 

Updates

BOI FILING EXPERTS may periodically update the Site and/or the Products and Services and/or may eliminate certain Products and/or Services as it deems appropriate in its sole discretion at any time without notice.

Intellectual Property

All content on the Site, including but not limited to, text, graphics, logos, button icons, images, audio clips, trade names, trademarks, service marks, trade dress, digital downloads, data compilations, software, and the compilation of any of the foregoing, is our property the property of our licensors and is protected by United States and international patent, copyright, and trademark laws. The display and availability of the content on the Site does not convey or create any license or other rights in the content. Any unauthorized copying, reverse engineering, redistribution, reproduction, publication or modification of Site content by any person without our prior written authorization is strictly prohibited, may be a violation of federal or common law, trademark, patent and copyright laws and may subject such a violator to legal action. The use of content from the Site on any other website or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on the Site can be made by contacting us in writing. You are also strictly prohibited from creating works or materials that derive from or are based on the Site content or other materials contained in the Website including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.

Links to Third Party Sites

This site may contain hyperlinks to websites operated by parties other than BOI FILING EXPERTS or its affiliates. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their content. If we post hyperlinks to other websites, this does not mean that we endorse the material on such websites or associate ourselves with their operators. Your access to and use of such websites, including information, material, products and services on such websites, is solely at your own risk. Furthermore, because our privacy policy is applicable only when you are on our Site, once linked to another website, you should read that site’s privacy policy before disclosing any personal information. Where we are offering our own content on or through third party sites (whether by linking, framing or otherwise), your use or display of that content shall be subject to this Agreement unless a specific Supplemental Agreement is applicable to the use or display of that content.

Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF USE, THE SITE, AND ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL PRODUCTS AND SERVICES ACCESSED THEREON ARE PROVIDED WITH NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY AND ALL STATUTORY WARRANTIES, ANY AND ALL WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS, WITH ALL SUCH EXPRESS AND IMPLIED WARRANTIES BEING EXPRESSLY DISCLAIMED BY BOI FILING EXPERTS. ADDITIONALLY, BOI FILING EXPERTS AND ALL OF OUR DATA AND/OR SERVICE PROVIDERS DISCLAIM ANY AND ALL WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF ANY OF THE PRODUCTS AND SERVICES OFFERED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS FOR ANY INFRINGEMENT OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED ON THE SITE. BOI FILING EXPERTS DOES NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES OR THROUGH THE SITE IS DONE SO AT YOUR OWN RISK AND AT YOUR OWN DISCRETION AND THAT YOU ARE AND SHALL ALWAYS REMAIN SOLELY RESPONSIBLE FOR ANY CLAIMS, INCLUDING WITHOUT LIMITATION, ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING SUCH MATERIAL. IN THE EVENT ANY APPLICABLE LAW REQUIRES THAT ANY SPECIFIC EXCLUSION OR EXCLUSION FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, THEN IN SUCH EVENT ANY AND ALL IMPLIED WARRANTIES ARE LIMITED TO SIXTY (60) DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE PRODUCTS AND/OR SERVICES, WHICHEVER IS SOONER. FURTHER, YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SITE AND THE PRODUCTS AND SERVICES IS IN ACCORDANCE WITH ALL APPLICABLE LAWS.

Some states do not allow the exclusion of implied warranties at all. In such an event, the exclusion from implied warranties may not apply to you specifically.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BOI FILING EXPERTS OR ANY OF OUR DATA PROVIDERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING OR MANAGING THE CONTENT OR OPERATIONS OF THE SITE, OR ANY OF THE PRODUCTS OR SERVICES OFFERED VIA THE SITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS WHATSOEVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF BOI FILING EXPERTS, AND ITS SUPPLIERS, FOR ALL MATTERS OR CLAIMS RELATING TO THESE TERMS OF USE OR USE OF THIS SITE OR ANY OF THE PRODUCTS AND SERVICES SHALL BE LIMITED TO THE AMOUNT YOU PAID (YOUR PURCHASE PRICE) FOR SUCH PRODUCTS OR SERVICES PLUS AN ADDITIONAL FEE OF TEN DOLLARS ($10.00). TO THE MAXIMUM EXTENT PERMITTED BY LAW BOI FILING EXPERTS NOR ANY OF ITS PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. ADDITIONALLY, NEITHER BOI FILING EXPERTS NOR ANY OF ITS PROVIDERS SHALL BE RESPONSIBLE TO YOU FOR ANY DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENTS, FINES/PENALTIES FOR FAILURE TO FILE TIMELY OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET BOI FILING EXPERTS’S SYSTEM REQUIREMENTS.

THE ABOVE LIMITATIONS APPLY EVEN IF BOI FILING EXPERTS AND ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

Indemnification

You agree to indemnify BOI FILING EXPERTS and to hold BOI FILING EXPERTS and its affiliates harmless from and against any and all claims, losses, liabilities, costs and expenses (including attorneys’ fees) arising out of or related to your violation of any term or condition of these Terms of Use or violation of the law or any rights of any third party, including without limitation, copyright, trademark, intellectual property, and privacy rights which may arise as a result of your use of this Site or any of the Products and Services provided therein.

DISPUTE RESOLUTION; BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND BOI FILING EXPERTS TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER, UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH IN BELOW. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION PROVISION. IN ADDITION, ARBITRATION PRECLUDES YOU AND BOI FILING EXPERTS FROM SUING IN COURT OR HAVING A JURY TRIAL.

(a) No Representative Actions. You and BOI FILING EXPERTS agree that any dispute or claim between us, including those arising out of or related to these Terms or our Services, is personal to you and BOI FILING EXPERTS and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding. For the purposes of this Arbitration Agreement, references to ” BOI FILING EXPERTS,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, employers, business partners, shareholders, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us. Beneficiaries include, but are not limited to, those named in an estate planning document.

(b) Arbitration of Disputes. Most concerns can be resolved quickly and to the customer’s satisfaction by calling our Customer Care Department at 1-888-264-8665. In the unlikely event our Customer Care Department is unable to resolve your complaint to your satisfaction (or if we have not been able to resolve a dispute after attempting to do so informally), this Section applies. Except for (i) individual actions in small claims court located in the county of your billing address or (ii) actions in court seeking injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and BOI FILING EXPERTS agree to waive your rights to a jury trial and to have any dispute or claim arising out of or relating to any aspect of the relationship between us (collectively, “Disputes”) resolved in court. Disputes include, but are not limited to, (a) those arising out of or related to these Terms or our Services, and (b) those related to advertising, privacy, data security, and the use of our Site. This Arbitration Agreement applies to all Disputes based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, Disputes arising before you accepted these or any prior Terms, Disputes that are currently the subject of purported class action litigation in which you are not a member of a certified class, and Disputes asserted against BOI FILING EXPERTS by those you list as authorized contacts on your order.

(c) Arbitration Procedures. For any Dispute that you have against BOI FILING EXPERTS, or that BOI FILING EXPERTS has against you, you and BOI FILING EXPERTS agree to attempt to resolve the Dispute informally via the following process. If you assert a claim against BOI FILING EXPERTS, you will first contact BOI FILING EXPERTS by sending a written notice of your Dispute (“Claimant Notice”) to BOI FILING EXPERTS by U.S. certified mail addressed to Notice of Dispute, General Counsel, BOI FILING EXPERTS, 5 International Drive, Suite 110, Rye Brook, NY 10573; a courtesy copy of the Notice should also be sent by email to claim@boifilingexperts.com. The Claimant Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. For any Dispute that BOI FILING EXPERTS may have against you, we will provide you notice (“BOI FILING EXPERTS Notice”) in similar form to that described above via the mailing address and email address associated with your account. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or BOI FILING EXPERTS first send the applicable Notice so that the parties can engage in this informal dispute resolution process.

If you and BOI FILING EXPERTS cannot reach an agreement to resolve the Dispute within thirty (30) days after notice is provided, then either party may submit the Dispute to binding confidential arbitration administered by the American Arbitration Association (“AAA”) or, under the limited circumstances set forth herein, in court. All Disputes submitted to AAA will be resolved through binding arbitration before one arbitrator. Unless the parties agree in writing to a different location, arbitration proceedings will be held in Westchester, NY; if you are a Consumer, however, you may elect to hold the arbitration in your county of residence. For purposes of this Section, a “Consumer” means a person using the Services for personal, family or household purposes.

If you are a Consumer, you and BOI FILING EXPERTS agree to use the AAA Consumer Arbitration Rules. If you are not a Consumer, you and BOI FILING EXPERTS agree to use the AAA Commercial Arbitration Rules, including the Expedited Procedures for all Disputes with a value of $75,000 or less. The most recent versions of the AAA Consumer and Commercial Arbitration Rules are available on the AAA’s website at adr.org/Rules and such rules are hereby incorporated by reference into this Arbitration Agreement. You either acknowledge and agree that you have read and understand the applicable AAA Arbitration Rules or waive your opportunity to read the AAA Arbitration Rules and waive any claim that such rules are unfair or should not apply for any reason.

You and BOI FILING EXPERTS acknowledge that the purpose of this Section is to streamline the dispute resolution process and that Coordinated Filings are likely to frustrate that purpose. As a result, you agree not to assert a demand for arbitration as part of a Coordinated Filing. A “Coordinated Filing” is any demand for arbitration where the underlying claim is similar to at least ten (10) or more other pending demands for arbitration and where representation for that demand is consistent or coordinated with such other demands. Without limiting any remedies, in the event your demand is part of a Coordinated Filing, we may, at our option, decline arbitration and instead litigate the claim in a civil court of competent jurisdiction in accordance with the terms herein in regard to Jurisdiction and Venue.

(d) Individualized Arbitration Proceedings and Remedies. You and BOI FILING EXPERTS agree that these Terms affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the AAA Rules, the arbitrator will have exclusive authority to grant any relief that would otherwise be available in court and to make all procedural and substantive decisions regarding any Dispute, including those arising out of or relating to interpretation or application of this Arbitration Agreement, including the enforceability, revocability, or validity of the Arbitration Agreement or any portion thereof. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one claimant.

(e) Confidentiality. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. You and BOI FILING EXPERTS agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. You and BOI FILING EXPERTS agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration.

(f) Payment of Arbitration Fees. The costs of arbitration shall be governed by the AAA’s fee schedules, available at adr.org/Rules. If you are a Consumer and you initiate arbitration of a Dispute, you agree to pay the applicable AAA Consumer Case Filing Fee, and BOI FILING EXPERTS will pay the remaining AAA fees and costs. If you are not a Consumer and you initiate arbitration of a Dispute valued at less than $75,000, you agree to pay $250 towards any arbitration filing fees and BOI FILING EXPERTS will pay the remaining AAA fees and costs. If you are not a Consumer and your arbitration proceeding is valued at $75,000 or more, you and BOI FILING EXPERTS will share equally the costs and fees of AAA Commercial Arbitration. If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA fees will be governed by the applicable AAA Rules.

(g) Opt Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section by sending, via U.S. certified mail, a written Notice of Opt Out to BOI FILING EXPERTS. The Notice of Opt Out must be addressed to: Notice of Opt Out, General Counsel, BOI FILING EXPERTS,  5 International Drive, Suite 110, Rye Brook, NY 10573; a courtesy copy of the Notice of Opt Out should also be sent by email to optout@boifilingexperts.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with the Jurisdiction and Venue requirements herein, though, as stated above, you agree any such action will be brought as an individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

(h) Additional Terms. If any portion of this Section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section; and (c) to the extent that any claims must proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

If you wish to seek public injunctive relief against BOI FILING EXPERTS, such claim (and only such claim) must be severed from the arbitration and brought in court in accordance with the provisions for Jurisdiction and Venue contained herein.

You and BOI FILING EXPERTS agree that the state or federal courts of the State of New York and the United States sitting in Westchester County, New York have exclusive jurisdiction over the enforcement of an arbitration award made pursuant to this Arbitration Agreement.

Transmission

By using a computer system or mobile device and our software to prepare and transmit BOI Filings electronically, you consent to the disclosure of all information pertaining to your use of the system and software to the respective federal and state agencies, as applicable by law, and to the transmission of your Beneficial Ownership Reporting. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

By visiting our Site and by 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 Services, 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 SERVICES. 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.

Consumer Notice

California Residents: Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Service is provided by Good Knight Valentine Partners LLC, d/b/a BOI FILING EXPERTS, 5 International Drive, Suite 110, Rye Brook, NY 10573. If you have a question or complaint regarding the Service, please contact BOI FILING EXPERTS’s Support Team at https://boifilingexperts.com/contact/. California residents may reach the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

Miscellaneous 

  1. Governing Law. This Agreement shall be governed by the laws of the State of New York, without regard to conflicts of law provisions. Any legal action or proceeding between BOI FILING EXPERTS or it’s Affiliates and you related to this Agreement will be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of New York, County of Westchester.
  2. Entire Agreement. This Agreement is the entire and exclusive agreement between the parties, and it supersedes all previous communications, representations or agreements, either oral or written, between them with respect to this subject matter. No representations or statements of any kind made by us, which are not included in this Agreement, shall be binding on us. In the event that any provision of these Terms of Use is determined to be partially or wholly invalid, illegal or unenforceable, then such provisions shall be deemed to be modified or restricted to the extent necessary to make such provision valid, binding and enforceable, or, if such provision cannot be modified or restricted in a manner so as to make such provision valid, binding and enforceable, then such provision shall be deemed to be excised from these Terms of Use and the validity, binding effect and enforceability of the remaining provisions of these Terms of Use shall not be affected or impaired in any manner. Nothing contained in these Terms of Use shall be construed to create any partnership, joint venture, principal/agent relationship, employer/employee relationship, or any other fiduciary relationship between you and BOI FILING EXPERTS or between you and any third party. With the exception of those specifically mentioned herein, you and BOI FILING EXPERTS expressly disclaim the existence of any third-party beneficiaries to these Terms of Use.
  3. Amendments. You may not modify or amend this Agreement in whole or in part without the prior written consent of one of our authorized representatives. We may replace or amend this Agreement from time to time by posting new terms of service to this Site. Please check the Terms of Use periodically for changes. Your subsequent use of the Site, or any content, products, services or materials provided through the Site, will be subject in all respects to the terms of service in force at the time of such subsequent use.
  4. Waiver. No waiver of any provision herein shall be valid unless in writing and signed by both our authorized representative and you. Our failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.
  5. Severability. If any provision of this Agreement is deemed to be illegal or unenforceable, the remainder of this Agreement shall be unaffected and shall continue to be fully valid, binding, and enforceable.
  6. Headings. The headings contained herein are for convenience only and shall have no legal or interpretive effect.
  7. Other. We may assign our rights and duties under this Agreement to any party at any time without notice to you.