LAST UPDATED: 5/2020
It is your responsibility to review these Terms periodically. If at any time you find these Terms unacceptable or if you do not agree to these Terms, please do not use this Website or make any purchases from Startomatic. We may revise these Terms at any time without notice to you. If you have any questions about these Terms, please contact us at firstname.lastname@example.org.
YOU AGREE THAT BY USING THE WEBSITE AND ANY SERVICES PROVIDED BY STARTOMATIC, YOU ARE AT LEAST 18 YEARS OF AGE AND ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
A. USE OF THE WEBSITE
B. PURCHASES AND ACCOUNTS
- Startomatic is Not a Law Firm or Attorney. Startomatic Inc. is not a law firm or an attorney and it may not perform legal services performed by an attorney. At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation. Startomatic’s forms and templates are not a substitute for the advice or services of a qualified attorney. You acknowledge that Startomatic provides self-help legal services, and that no attorney-client relationship or privilege is created with Startomatic.
- No Legal Advice is Given at Startomatic.com. The Website includes only general information on commonly encountered legal issues. If you believe that Startomatic has given you, prior to your purchase, any legal advice or recommendation about your legal rights or strategies, any purchase that you do make will be null and void.
- Review and Signing of Documents. Startomatic strives to keep its legal documents accurate, current and up-to-date. However, because the law changes rapidly, Startomatic cannot guarantee that all of the information on the Website is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. Furthermore, the legal information contained on the Website is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area. YOU UNDERSTAND THAT STARTOMATIC DOES NOT REVIEW THE INFORMATION YOU SUPPLY OTHER THAN FOR COMPLETENESS AND FOR INTERNAL CONSISTENCY. YOU AGREE THAT YOU WILL READ ALL DOCUMENT(S) BEFORE SIGNING THEM, WHERE APPLICABLE, AND THAT YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT OF ALL FINAL DOCUMENTS.
- Accuracy of Information. You have provided accurate information to Startomatic and have obtained all necessary third-party consents.
- Electronic Records and Signatures. You give Startomatic consent to affix your electronic signature where required to file your documents and where necessary or useful to execute documents which are not to be filed. You understand you may withdraw your consent, provided your documents have not already been filed, by emailing Startomatic at email@example.com.
- Arbitration. These Terms require the use of arbitration to resolve disputes and also limit the remedies available to you in the event of a dispute as described in the Arbitration Agreement, set forth below.
- Startomatic Trademark Search. Each Startomatic trademark search includes information about "active" federal trademarks (i.e., those displaying a status of "LIVE" "PENDING," "PENDING - INITIALIZED," "PENDING - PASSED BY EXAMINER," "PUBLISHED FOR OPPOSITION," "ALLOWED - INTENT TO USE," "PENDING - SUSPENDED," or "REGISTERED") as available in the U.S. Patent and Trademark Office ("USPTO") website database at the time the search is conducted. A Startomatic trademark search may not include information about "inactive" trademarks (i.e., those displaying a status of "DEAD," "ABANDONED," "ABANDONED - MISASSIGNED SERIAL NUMBER," "ABANDONED - NO STATEMENT OF USE," "ABANDONED - VOLUNTARY," "CANCELLED," "CANCELLED - SEC. 8," "CANCELLED - SEC. 18," or "EXPIRED") although marks with these statuses can, in certain circumstances, affect the registrability of your mark and/or your ability to use it in commerce. Moreover, an individual may claim common law rights because of its commercial use of a trademark. Without limitation, Startomatic accepts no responsibility or liability for any impact that any inactive application or registration, or common law use, may have on your registration or trademark.
- Compliance with Intellectual Property Laws. When accessing Startomatic or using and Startomatic services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Website is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your Startomatic user account.
- Inappropriate Content. When accessing the Website or using any Startomatic services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (i) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Startomatic reserves the right to terminate or delete such material from its servers. Startomatic will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
- Right to Refuse. You acknowledge that Startomatic reserves the right to refuse service or access to the Website to anyone. Minors are not eligible to use the Website or make any purchases from Startomatic, and we ask that they do not submit any personal information to us.
- Customers Needing Extra Assistance. Startomatic aims to provide full access to its website and product offerings regardless of disability. If you are unable to read any part of the Startomatic website, or otherwise have difficulties using the Startomatic website, please email firstname.lastname@example.org and our team will assist you.
- Copyrights and Trademarks. All Website design, text, graphics, the selection and arrangement thereof, Copyright ©, Startomatic Inc. ALL RIGHTS RESERVED. Startomatic, Startomatic.com, the hexagonal Startomatic logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Startomatic. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
C. DISPUTE RESOLUTION BY BINDING ARBITRATION
- Startomatic OPERATE Subscription.
- Billing and Payment. If and when you purchase Startomatic LAUNCH, you are also subscribing to the ongoing monthly subscription service, Startomatic OPERATE (the "Subscription"). You are free to cancel your Subscription at any time by emailing email@example.com. You acknowledge that the initial month’s payment is waived by Startomatic and will not be charged to you, and you hereby authorize Startomatic to charge your credit card for additional monthly payments on each subsequent monthly anniversary of your Subscription (each a "Subscription Billing Date") until you notify Startomatic that you want to terminate your Subscription under these Terms or your Subscription is otherwise terminated. If your purchase date is on the 29th through 31st day of any month, the Subscription Billing Date for months with fewer days will fall on the last day of the month. You acknowledge you will be charged in accordance with the billing terms in effect at the time of your initial Subscription. EVEN IF YOU DO NOT USE THE SUBSCRIPTION, INCLUDING ACCESSING THE LEGAL FORMS LIBRARY, CREATING OR REVISING MY WEBSITE, SEARCHING TRADEMARKS, OR ANY OTHER INCLUDED SERVICES, YOU ARE RESPONSIBLE FOR SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED. For more information about canceling your Subscription, see the Termination and Cancellation section below.
- Notice of Automatic Renewal. Startomatic may send a reminder email to the email address of record for your account before your Subscription Billing Dates. You acknowledge and agree that this notice is provided as a courtesy only, and Startomatic is not obligated or required to provide such notice. You acknowledge and agree that (i) your failure to read, (ii) your inability to receive, or (iii) the failure of Startomatic to send the email does not create any liability on the part of Startomatic or any third-party service provider. If your credit card is declined, Startomatic may make multiple attempts to bill that card.
- Disputed Charges. You understand that if you dispute a charge to your credit card, you should call Startomatic immediately at (919) 213-0309 and Startomatic will investigate the matter.
- Account Information. You agree to notify Startomatic immediately of any changes to your credit card number, its expiration date, and/or your billing address, or if your credit card expires or is cancelled for any reason. Startomatic may obtain automatic updates for any expiring credit cards you have provided. You understand that if your failure to provide Startomatic with accurate, complete, and current information results in delinquent payments, Startomatic may restrict your ability to purchase other Startomatic products, report information about this delinquency to credit bureaus, and/or pursue further collection efforts. Startomatic reserves the right to terminate access to Startomatic OPERATE 31 days after a missed monthly payment.
- Use of Startomatic OPERATE. You acknowledge that Startomatic may establish general practices and limits concerning use of its Subscriptions, including the maximum number of forms you may access in the Library in a given period of time, the number of times (and the maximum duration for which) you may access the Library in a given period of time, the maximum number of days that documents, data, schedules, calendars, or other uploaded content will be retained by Startomatic OPERATE, and the maximum disk space that will be allotted on Startomatic’s servers on your behalf. Startomatic is not liable for the deletion of or failure to store any content maintained or transmitted by any Subscription benefit. Startomatic may subcontract any obligations required under a Subscription without your consent.
- Responsibility for Misuse. You acknowledge and agree that you may not: (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise make available to any party the benefits granted to you by or any content in your Subscription; or (ii) change, reproduce, reverse engineer, make derivative works based on or referring to, or in any way exploit the licenses you have been granted with your Subscription, or content or source code in your Subscription. You are responsible for all expenses incurred or other actions that may occur through your use of a Subscription. You must alert Startomatic immediately of any fraudulent, unauthorized, illegal, or suspicious use of a Subscription or Subscription benefits, or any other breach of security or unauthorized or illegal activity that you reasonably suspect.
- Authority to Enter Agreement. If you are entering into a Subscription on behalf of a company or other legal entity, You represent that you have the legal authority to bind that entity to these terms and understand that the terms "you" or "your" refer to that entity. If you do not have that authority or if you do not agree with these Terms, you may not sign up for or use a Subscription. If after your purchase Startomatic finds that you do not have authority to bind the entity for which you ordered, you will be personally responsible for the obligations in these Terms and the order you placed, including all payment obligations. Startomatic is not liable for any loss or damage resulting from its reliance on any communication reasonably believed by it to be genuine and originating from an authorized representative of your company. If there is reasonable doubt about the authenticity of any communication, Startomatic may, but is not obliged to, require additional authentication from your company.
- Changes to Subscriptions.
- Startomatic may discontinue the offering of a Subscription, including the functionality, content, or availability of any features of Subscriptions, at any time in its sole discretion. Startomatic may also impose limits on features and services or restrict your access to all or part of the Subscription. If Startomatic adds new features to a Subscription, including releasing new forms in the Library or adding additional services, the new features will be subject to these Terms.
- Subscription Price Changes. Startomatic reserves the right, upon not less than 30 days’ notice, to increase or decrease the monthly recurring price of Startomatic OPERATE. If you do not wish to continue your subscription to Startomatic OPERATE, you can cancel at any time by emailing a request to cancel your subscription to firstname.lastname@example.org. If you do not cancel your subscription, you will be deemed to have accepted the new fees for the renewal term and subsequent renewal terms (unless the fees are increased in the same manner for a subsequent renewal term).
- Discontinuation and Replacement of Subscriptions. Should Startomatic cease to offer your subscription, we can discontinue your subscription, continue to provide it to you, or provision a replacement (similar or comparable product) at the then-current price.
- Termination or Cancellation.
- Startomatic may terminate your use of all or part of the Subscriptions in its sole discretion. As your sole remedy, we will refund to you any prepaid fees specifically related to the current term of that Subscription. If you do not pay on the Billing Date, as described in the Billing and Payment section above, you can correct your credit card information and pay the outstanding amounts before the one-month anniversary of your Billing Date. If you have not made any payment on your Subscription by the one-month anniversary of your Billing Date, Startomatic may suspend your service and terminate that Subscription.
- Your right to use a Subscription is subject to any limits established by Startomatic or by your credit card issuer. If payment cannot be charged to your credit card or your charge is returned for any reason, including through a chargeback, Startomatic may, in its sole and absolute discretion, suspend or terminate your access and account, which will terminate these Terms related to your Subscription and our obligations under them.
- You are free to cancel your Subscription at any time by emailing email@example.com. If you wish to reactivate your account after a termination, there will be no setup or reactivation fees. However, if your account was terminated for nonpayment, it will be reactivated only after Startomatic receives the full amount past due. If an expired account is reactivated, the new term begins on the reactivation date.
- Services After Termination. After your Subscription is terminated, you will not be able to access the corresponding Subscription offerings.
- Filing Fees. Except as otherwise noted, filing and recording fees may include all mandatory or applicable federal, state, county and local administrative fees, name reservation fees, initial reports, publication notices, capitalization fees, franchise tax fees, expedite fees, certified copy fees, walk-in fees, courier fees and other transactional fees incurred on your behalf by Startomatic.
- Registered Agent Service. Startomatic may partner with other companies to fulfill business formation, registered agent and other business filing orders. You understand and agree that Startomatic will share certain personally identifiable information for you with the applicable third-party provider.
- States require your incorporated entity to have a registered agent or an equivalent on file with their department of the Secretary of State. By purchasing registered agent service from Startomatic, you authorize Startomatic and/or its third-party provider to receive service of process, including any notices of legal proceedings, other legal notices, or official government communication, and any items covered by the respective statute, rule, or regulation on your behalf. You further authorize your registered agent to scan, upload and transmit any such communications received on your behalf to your email address and into your account. When appropriate, Startomatic and/or its partners may also forward physical mail received on your behalf to the business address we have on record. To update your contact information for registered agent communications, please contact us at firstname.lastname@example.org. Startomatic's filing services are intended for users incorporating their own business(es). Communications related to Startomatic filings will be directed towards the business address and business owner we have on file.
- To ensure uninterrupted service, registered agent service will automatically renew for successive 1 year terms at the end of each subscription period. If you do not opt out of this auto-renewal program, Startomatic will charge the payment method (e.g., credit card, debit card, or PayPal) you provided with the original order and renew you for the service term you selected. Startomatic reserves the right to increase all service fees at any time without notification to you. We will, however, notify you of any increase in service fees prior to renewing your service.
- You may cancel the registered agent service at any time by contacting Startomatic at email@example.com. In addition to cancelling the registered agent service, to comply with your state's regulations, you will also need to submit appropriate change of agent paperwork with the applicable state agencies. By canceling the Startomatic registered agent service, you acknowledge and understand that the registered agent service provider will take necessary steps to resign as your registered agent. Upon resignation, Startomatic and any of its affiliates, directors, agents, employees, or other Startomatic service providers will cease to act as your registered agent and stop all registered agent related services. Any fees associated with completing such a change of agent are your sole responsibility. Specific information regarding the change of registered agent process and any related government fee information can be found on your state's website. Startomatic does not offer full or prorated refunds for cancelled registered agent services. Such services are purchased and renewed on an annual basis and must be cancelled prior to the renewal date to avoid recurring annual charges.
- In the event that your entity is dissolved, either voluntarily or involuntarily, it is your responsibility to notify Startomatic of this dissolution so that we may cancel the registered agent services that are no longer needed. Until we are notified otherwise, your registered agent subscription will continue to renew and bill as described in this section.
- In the event that Startomatic does not receive full payment, Startomatic reserves the right to terminate your registered agent service. You agree to bear any risk and under no circumstances will Startomatic be liable or responsible for any damage or inconvenience caused or alleged to be caused by termination.
- Legal Forms Library.
- License. Startomatic grants you a nonexclusive, nontransferable worldwide right to use the legal forms library (the "Library") while your Startomatic Operate account remains in good standing (collectively, the "Membership Term"), subject to these Terms. This license allows you to access, download, use, and edit forms in the Library for your personal use. You may not: (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise make available to any third party the Library or any of its contents; or (ii) modify, reproduce, reverse engineer, or make derivative works based on, referring to, or exploiting the Library, its contents, or its source code, except for modifications to the forms for your personal use. All rights not expressly granted to you are reserved by Startomatic.
- No Guarantee. Startomatic does not guarantee that any form provided in the Library is suitable for a particular purpose, or that any form included or referenced in the Library is accurate, reliable, complete or timely. The forms included or referenced in the Library are for information purposes only, and should not be relied upon as legal advice. The Library serves as a venue to view, complete, and download the forms.
- Not Legal Advice. Startomatic is not a law firm and does not provide legal advice or representation. The legal forms library is not a substitute for the advice of an attorney.
- Resale of Forms Prohibited. By ordering or downloading legal forms from Startomatic, you agree that those forms may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of Startomatic.
- Domain. If you have purchased Startomatic services that include the purchase and/or registration of a domain, you may be asked to accept a the domain name registration agreement (“DNRA”). In addition to the DNRA, your purchase or registration of a domain is also subject to:
- the ICANN Registrants' Benefits and Responsibilities, available here: https://www.icann.org/resources/pages/benefits-2013-09-16-en, and
- the ICANN Registrar Transfer Dispute Resolution Policy, available here: https://www.icann.org/resources/pages/tdrp-2012-02-25-en.
- Suspended Accounts. Startomatic, in its sole discretion, may opt to temporarily disable your account for a reasonable amount of time in order to investigate evidence of unpermitted activity in your account, including evidence that your account is being used by someone who is not authorized to do so. In the event that Startomatic disables your account, you understand that, absent a subpoena or court order, no information about your account will be provided to anyone outside Startomatic, including you or any authorized contact, until the investigation is complete. Additionally, you understand that Startomatic, in its sole discretion, may decide not to send any documents associated with your account to you or file any such documents with any government authority, while your account is disabled. Startomatic will not be liable for any delays caused by these policies and procedures.
- Future Products and Services. If you choose to add a product or service to your order subsequent to your initial purchase, these Terms will apply to that additional product or service purchase as well.
Please read this carefully. It affects your rights.
D. GENERAL TERMS AND CONDITIONS
- Summary: Most customer concerns can be resolved quickly and to the customer's satisfaction by emailing us at firstname.lastname@example.org. In the unlikely event that Startomatic is unable to resolve your complaint to your satisfaction, we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.
- Independent Legal Advice. You are free to speak with an attorney before using this Website or completing any purchase.
- Arbitration Agreement.
- Startomatic and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, whenever arising.
- For the purposes of this Arbitration Agreement, references to "Startomatic" 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.
- This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. You agree that, by entering into these Terms, you and Startomatic are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website used in interstate commerce, and thus the Federal Arbitration Act ("FAA") governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.
- A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to Startomatic should be addressed to: Notice of Dispute, General Counsel, Startomatic Inc., P.O. Box 14634, 64 T.W. Alexander Dr., Durham, NC 27709 (the "Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If Startomatic and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Startomatic may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Startomatic or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Startomatic is entitled. You may download or copy a form to initiate arbitration from the American Arbitration Association (the "AAA") website at www.adr.org.
- The arbitration will be governed by the Consumer Arbitration Rules of the American Arbitration Association (the "AAA Rules"), as modified by these Terms, for all claims, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by these Terms. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph f., below, are for the court to decide. Unless Startomatic and you agree otherwise, any arbitration hearings will take place in Durham or Wake County, North Carolina. Except as otherwise provided for herein, payment of all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above will be governed by the AAA Rules.
- The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND STARTOMATIC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
- If the amount in dispute exceeds $50,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.
- Notwithstanding any provision in the applicable Terms to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to any notice address, website link or telephone number provided herein), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.
- Limitation of Liability and Indemnification. EXCEPT TO THE EXTENT EXPRESSLY PROHIBITED BY LAW, YOU WILL HOLD STARTOMATIC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ALL INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER ARISING (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY ME OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF STARTOMATIC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF STARTOMATIC, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO ME. This paragraph does not apply to North Carolina customers.
- NO WARRANTY.
- THE WEBSITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE WEBSITE OR APPLICATIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, STARTOMATIC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
- STARTOMATIC MAKES NO WARRANTY THAT: (A) THE WEBSITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ANY MATERIALS OFFERED THROUGH THE WEBSITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
- OBTAINING ANY MATERIALS THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. STARTOMATIC SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
- This disclaimer of warranty does not apply to the purchase of products or services by North Carolina consumers.
- Ownership. The Website is owned and operated by Startomatic Inc. All right, title and interest in and to the materials provided on the Website, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned either by Startomatic or by our third party authors, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided by Startomatic, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on the Website shall be construed to confer any license under any of Startomatic’s intellectual property rights, whether by estoppel, implication or otherwise. Any rights not expressly granted herein are reserved by Startomatic.
- Reviews. After creating an account at the Website, you may receive an email survey request from Startomatic. You may also write a review on the Website. If you complete the survey or submit a review, your opinions may be posted, in whole or in part, on the Website or used in marketing material. The review may be accompanied by limited identifying information, such as your first name and last initial, the product you purchased, your gender, city and/or state, and age range.
- Force Majeure. Startomatic shall not be considered in breach of or default under these Terms or any contract with you, and shall not be liable to you for any cessation, interruption, or delay in the performance of its obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine, pandemic or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a "Force Majeure Event"). If a Force Majeure Event continues for more than 60 days in the aggregate, Startomatic may immediately terminate these Terms and shall have no liability to you for or as a result of any such termination.
- State Law Compliance. You acknowledge that Startomatic is not a registered or bonded legal document assistant under California Business and Profession Code, sections 6400 et seq. You have had the opportunity to view sample templates of Startomatic documents and may call Startomatic at (919) 213-0309 with questions or for assistance locating sample templates; provided that Startomatic may not and will not provide any legal advice or recommendations.