By using our ("Us", "American Business Consultants") services and by utilizing our website, the user (defined as any person who is using our services OR is identified as the entity making the payment or the entity being formed or its officers) agrees to the terms of this agreement.
The information we collect on our web site is used for our internal purposes and we do not share such information with any outside parties. The information we collect from the website is used to personalize the forms to be filed with the Secretary of State. We may maintain a database with the information you submitted for our internal use only. User's credit card information is collected securely by using industry standards.
Under no circumstances will ABC, its owners, its advisers, agents, representatives and employees be liable or responsible for any damage or inconvenience caused or alleged to be caused by the use of our web site and information therein and the forms.
The filing fee that a user pays is forwarded to the Secretary of State/ Dept of State. If the application to form an entity is approved that fee is non refundable. Also, we incur costs to personalize and complete the filing process. Because of this, once money is received, we do not offer refunds for any customized work.
Circumstances including but not limited to leading to changing of user's mind after the papers have been filed with the Secretary of State because of events such as backing out of a member or not understanding of the terms of service or other such events are beyond our control. Even though unfortunate we cannot be responsible for such circumstances. As such, please be aware that we cannot and do not offer refunds for our services.
Therefore, ABC, its employees, advisers, representatives and agents specifically disclaim any warranty whether expressed or implied, including the implied warranties of merchantability and fitness for purpose. Under no circumstances will ABC, its advisers, agents, representatives and employees be liable or responsible for any damage or inconvenience caused or alleged to be caused by the use of our services.
Registered agent service provided by us needs to be renewed every 12 months or at the time of filing for annual renewal with the state. If not renewed. registered agent service expires on the last date of the annual renewal month or the last day of the 12th month of service start date. If registered agent service expires, to reinstate registered agent service, the relevant state may require you to pay a fee in addition to paying the required annual registered agent fee to us. As such, service of process (SOP) served on an entity that doesn't have a Registered Agent in place will not be accepted.
Under no circumstances will ABC, its owners, employees, advisers, agents and representatives be liable or responsible for any damage or inconvenience caused or alleged to be caused by expiration of Registered Agent service.
ABC maybe able to help a client open a bank account for the entity formed by us. However, we do not guarantee opening of a bank account. Banks have their own criteria, specifically for non US Residents most banks are strict. Client will have to pay any fees charged by a bank direct to them. Under no circumstances will ABC, its owners, employees, advisers, agents and representatives be liable or responsible for any damage or inconvenience caused or alleged to be caused by banking services provided by a bank introduced by us.
By using our services, you indemnify us and hold harmless for any violation committed by you of the service agreement, any law, or other ABC policy, that results in loss to you or the bringing of any claim against us by any third-party. This means that if ABC is sued or served because of a user's or customer of a user's activity, the user will pay any damages awarded against us, plus costs and attorneys' fees.
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
Since ABC is not a law or CPA firm; we or any of our employees do not and cannot provide legal or tax advice. As such, the information on this web site should not be construed as legal advice in any way and should not serve as a substitute for legal advice from an attorney. Further, no representations or warranties, express or implied, are given regarding the legal or other consequences resulting from the use of our services or forms whether on our web site, in print format, on the phone or verbal. Under no circumstances will ABC, its owners, employees, advisers, agents and representatives be liable or responsible for any damage or inconvenience caused or alleged to be caused by the use of our services.
Under no circumstances will ABC, its owners, employees, advisers, agents and representatives be liable or responsible for any damage or inconvenience caused or alleged to be caused by the use of our services including but not limited to any attempt by an individual to defeat the income tax collection by the US or any other governmental entities and circumstances arising from any such events. ABC will work with the legal authorities as needed.
User's credit card information is collected securely by using industry standards. Proper authorization and necessary steps to verify accuracy of information are carried out before charging an amount to a credit card. While every effort will be taken by ABC and its agents, employees and representatives to protect consumers against credit card fraud; neither ABC nor any of its employees, agents or representatives will be liable or responsible for any damages or inconveniences caused or alleged to be caused by the use of credit card on our website.
If offered, the promotional price for forming an entity ends on a specific date. The date may be changed by ABC without notice. Please e-mail or call us for such dates.
We do not provide Nominee Service. However, for your online privacy, we can provide an entity to be the manager, as allowed by state laws so that your own name/ address is not published on the state public website.
ABC works with providers that offer address/mail forwarding service in various states for our clients. If offered, such addresses will need to be set up by executing the proper US Postal Service forms. The fee for the address is to be paid to the service provider. Additional fee for mail scanning, mail forwarding will need to be paid by you as well. Your credit card information may be kept by the providers in records to charge scanning/mail forwarding costs. Since this service is provided by an outside vendor, under no circumstances will ABC, its owners, employees, advisers, agents and representatives be liable or responsible for any damage or inconvenience caused or alleged to be caused by the use of such mail forwarding services including but not limited to lost mails.
ABC offers formation of your entity. Future required filings are your responsibility. Reasonable efforts will be made by ABC to inform you by email (normally by sending a reminder email to the email address you provide) about the periodic/annual renewal. Under no circumstances will ABC, its employees, advisers, agents and representatives be liable or responsible for any damage or inconvenience caused or alleged to be caused by your entity's status not being in Good Standing for non-filing of future forms or payment of future fees to the State of registration. It is also the user's responsibility to inform us about changed/ updated contact/ phone or email address.
All conditions, terms, representations and warranties relating to the services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded.
Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the services, specifically to us and not to any other entity or to an entity paid by us in connection with the filing, which are the subject of any such claim.
In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.
In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
These terms together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation, which has not been made expressly in this Agreement.