It is your responsibility to read this Agreement carefully before using the Services. If you find this Agreement unacceptable or you do not agree, do not use the Site or the Services. Furthermore, by accessing or otherwise using any portion of the Site and/or the Services, you affirm that you are at least 18 years of age and you are legally able to agree to be bound by the terms of this Agreement. Filenow, LLC (“Filenow”, “we”, “us”, and “our”) may revise this Agreement at any time without any notice to the user.
Filenow aims to create a user-friendly and accurate website with affordable products and services. However, the law changes and Filenow makes no commitment to update the Site, and as a result the Site and Services may not be up to date. As such, before taking any action or relying upon any information from the Site or use of any Services, Filenow recommends that you seek advice from legal counsel, as you deem necessary. You agree to use the Site and the Services at your sole discretion and rely on the Services or any information from the Site at your own risk.
Filenow is not a law firm and does not provide legal advice, legal opinions, entity analysis, organizational strategy, legal defense or recommendations, and therefore does not serve as a substitute for legal advice from an attorney familiar with the facts and circumstances of your specific situation. No confidential attorney-client relationship is formed through the use of the Site or the purchase of the Services.
As part of the Services, Filenow offers the User a service to obtain a United States Employer Identification Number (“EIN Service”). Filenow acts a “Third Party Designee” as defined by the United States Internal Revenue Service (“IRS”) form SS-4 instructions. As such, you authorize Filenow as your Third-Party Designee to answer questions about the completion of your form SS-4 and to receive your newly assigned Employer Identification Number. Form SS-4 and all other IRS forms can be found for free on the IRS website. Filenow is not the IRS or any U.S. government agency. Filenow is not affiliated with or a partner to any U.S. government agency. The authority of Filenow as your designee terminates upon assignment and receipt of the Employer Identification Number.
As part of the Services, Filenow offers Users Registered Agent Services and Filing Services (collectively “Entity Formation Services”) associated with legal entity formation in New York State. Filenow will not administer submissions for any businesses that engage in or sell or promote any of the following: illegal drugs, drug paraphernalia, pornography, sexual aids, diet aids, illegal gambling, illegal substances, and illegal firearms/weapons (collectively “Risky or Illegal Businesses”). Filenow reserves the right to terminate any User account, block User purchases, and prevent User access to the Site, for any User seeking Entity Formation Services that we deem Risky or Illegal Businesses.
By using the Site and the Services, including EIN Services, Registered Agent Services, and Entity Formation Services, you acknowledge that the Site and the Services are not a substitute for legal advice. The Site, the Services, the information therein and all links to affiliate and third-party websites are provided in good faith without verification of accuracy, applicability, or validity of any information.
1. Indemnity by You
You agree to defend, protect, indemnify, and hold Filenow, its subsidiaries, affiliates, officers, agents, predecessors and successors in interest, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to:
- your use of the Site and/or the Services
- a breach of this Agreement including without limitation your representations and warranties set forth above;
- any third-party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from your use of the Site or Services, and/or your making available thereof to other users of the Site.
- any activity related to your use of the Site or the Services, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Filenow.
2. Prohibited Uses of the Site and the Services
The Site and the Services are intended for your own personal and internal business use. By Using the Site and the Services you agree not to:
- Reproduce, copy, modify in any material manner, or remove Filenow proprietary marks, logos, or notices from the Services;
- Lease, resell or redistribute any of the Services;
- Use the Site or the Services in connection with any commercial endeavors;
- Provide access to or give the Services or any part of the Site or the Services to a third party;
- Reverse engineer the Site or the Services;
- Make the Services available on any file-sharing platform;
- Harm, in our opinion, Filenow, the Site, the Services, other Users or their use and/or experience with the Site with, including but not limited to: the upload of malicious software, viruses, spyware, malware, cookies, bugs, keyloggers, or any other material not expressly authorized;
- Use the Site or the Service in a manner that violates any applicable law, regulation or this agreement;
- Permit any third-party to use, the Site or the Services in a manner that violates any applicable law, regulation, or this Agreement.
3. Filenow Customer Satisfaction Policy
Filenow strives towards customer satisfaction with the Site and Services we provide. If you purchase any Service and are not satisfied, please contact Filenow Customer Service and we will work with you to rectify your experience with us. Click here for additional details on the Filenow Customer Satisfaction Policy.
4. Intellectual Property Rights
Except as expressly set forth in this Agreement, nothing contained herein shall be construed as conferring any license or right, by implication or otherwise, under any of our copyrights or other intellectual property rights. You agree that this website and our content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
This website may include various product names, business names, logos, slogans, and other marks in which we have a registered trademark interest or other protectable interest (collectively “Filenow Property”). It may also include product names, business names, logos, slogans and other marks in which others have a protectable interest (collectively “Other Materials”). You may not copy, download, display, distribute, modify or sublicense any Filenow Property or Other Materials on this website without the prior express written permission of the appropriate owners.
5. Limitation of Liability
In no event will we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Site or the Services, or use thereof. Nothing contained in the Site or in any written or oral communications from Filenow or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.
The content and functionality on the Site and the Services are offered “as is” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
We makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Site content or the Services therein or that the functionality of the Site will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Site and the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL FILENOW, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF FILENOW HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL FILENOW HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, THE SITE OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF FILENOW HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Filenow and sole remedy available to any User in any case in any way arising out of or relating to the Agreement, the Site or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the user to Filenow during the six (6) months prior to notice to Filenow of the dispute for which the remedy is sought.
6. Attorney Fees
In the event that Filenow is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for Filenow’s attorney fees and costs.
7. Parental or Guardian Permission
Children under the age of 18 are not permitted to use the Site. Individuals under the age of 18 are not permitted to purchase any of the Services or give Filenow their email addresses or any other personally identifiable information.
8. Severability Waiver
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, our failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect our ability to enforce such term at any point in the future.
9. Account Security
You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Filenow of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Filenow will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have it linked to your Filenow account.
10. User Submitted Content
This Website may allow users to post images, audio, text, video, links to other sites, or other content to the Site (collectively “User Content”). As a consequence, you may see User Content submitted to the Site by individuals not affiliated with us. Neither Filenow nor any of its affiliates endorses these individuals nor are we in any way associated with any of the materials that they may post on Site or link to the Site. Neither Filenow, its subsidiaries, affiliates, officers, agents, predecessors and successors in interest, and other partners shall have any responsibility or liability of any nature whatsoever arising in connection with any materials provided by these individuals or in connection with any conduct of these individuals.
Each User who posts any User Content acknowledges and agrees that we have the right, in our sole discretion, to take down or remove or alter any and all User Content it deems inappropriate, illegal or otherwise offensive. Any user who posts any User Content hereby represents that such User Content does not violate any third-party intellectual property rights and further grants us a license to show and make this content accessible on the Site or any successor or affiliate website. By posting any User Content to the Site, you hereby agree to indemnify us from any damages and claims related to the User Content, including but not limited to any infringement, misappropriation, libel or other claims.
11. Availability Outside the U.S.
12. Governing Law
This Agreement and our legal obligations hereunder are subject to the laws of New York County, New York, U.S.A., regardless of your location. You hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in New York County, New York, U.S.A. in all disputes arising out of or relating to the Site and/or the Services.
For questions or concerns relating to privacy, we can be contacted at firstname.lastname@example.org. We are available between 9am and 6pm EST on Monday through Friday.