Terms and Conditions
Please read these Terms and Conditions (“Terms” or “Terms and Conditions”) carefully before using the EasyLLC.com website (the “Service” or “Website”) owned and operated by Lionshare Holdings, LLC - Formation Series (“us”, “we”, or “our”), a protected series of a Texas series liability company. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By checking the box below indicating that you have read and agree to the Terms & Conditions you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you disagree with any part of the Terms then you do not have permission to access the Service.
PURCHASES
If you wish to purchase any product or service made available through the Website (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use the credit card used in connection with any Purchase; and (ii) the information you supply to us is true, correct and complete. The Service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your Purchase at any time for reasons including, but not limited to, refusal to agree to be bound by these Terms, product or service availability, errors in the description or price of the product or service, error in your Purchase.
NAMING ISSUES/INTELLECTUAL PROPERTY INFRINGEMENT
Although a preliminary review of the records of the State office/department in which the creation document is filed will be conducted before filing, you will ultimately be responsible for researching the name of the entity (or DBA) to determine its availability for your specific use. When doing your due diligence, you should not limit your research to one state’s records or any one database. Rather, you should conduct a comprehensive search including, but not limited to, state, federal and international trademarks along with common law rights. The State may search their database and reject a name that is an exact match or similar to existing business name. Please note, however, that an approval by the State of the desired business name does not mean that your use of the name will not result in infringement of another’s intellectual property rights or a future lawsuit. WE DO NOT PROVIDE OPINIONS ON WHETHER A NAME IS AVAILABLE OR WHETHER YOU WILL POTENTIALLY INFRINGE ON ANOTHER’S RIGHTS.
AVAILABILITY, ERRORS, & INACCURACIES
We are constantly updating product and service offerings on the Website. We may experience delays in updating information on the Website and in our advertising on other web sites. The information found on the Website may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Website and we cannot guarantee the accuracy or completeness of any information found on the Website. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
INFORMATION FROM YOU
We will not be responsible for independently verifying the truth or accuracy of information supplied to us by you or on your behalf. Your delivery of such information to us constitutes a warranty of its accuracy and completeness. In addition, you understand that we will be relying on you to review for accuracy all documents that we prepare. You also represent that you are not creating any of the documents requested for any illegal, improper or fraudulent purpose.
TURNAROUND TIME
We make every effort to begin processing your order on the same or following business day after receiving the Purchase (or the information required to complete your Purchase). We are not responsible and shall not be held liable for the amount of time it takes for us to process your Purchase or issues we cannot control including, but not limited to, technical difficulties related to the State’s filing system.
EIN ISSUES
If you ask us to obtain an EIN (and pay the related fee), you thereby authorize us or our representative to apply for an EIN online on behalf of the entity. In some instances, the online EIN application will not be available and we will have to prepare the EIN Application (IRS Form SS4) and file it via facsimile after receiving the signature of the responsible party. The IRS takes about one week to return fax filed EIN Applications. We shall not be responsible or held liable for delays caused by the IRS or delays in receiving the responsible party’s signature.
REGISTERED AGENT ISSUES
Our questionnaire will give you the option to select your own registered agent or let us hire a professional registered agent for you. If you select your own registered agent, you hereby confirm that the person or business you list as the registered agent has acknowledged, accepted, and consented to the registered agent appointment. It is a crime to appoint a registered agent without their prior consent in some states.
In the event you authorize us to hire a professional registered agent for the business the following will apply:
You authorize us to create an account for you with Registered Agent Solutions, Inc. (the “Registered Agent”). The Registered Agent will send you invoice via email for $120 that will cover 1 year of services. Payment within 30 days of the date of invoice is required. In the event that you fail to pay a future invoice in a timely manner, the Registered Agent will resign, which will leave your business in jeopardy of being involuntarily dissolved.
The Registered Agent’s current terms and conditions will apply to you and the entity. It is very important that you keep the Registered Agent updated with a current email, mailing address (not a PO Box), and phone number at all times so that the Registered Agent may notify you and the entity of all official mail and lawsuits delivered to the Registered Agent. You and the entity hereby acknowledge that failure to comply with the foregoing may cause you and/or the entity harm and, further, agree to indemnify and defend us from any and all liability for any harm that may arise as a result of the Registered Agent not having correct or current contact information.
The Registered Agent’s address is not to be used as a mailing address. You and the entity agree not to represent or misleadingly suggest that the Registered Agent’s address is a place of business, location of operations or business records, or is a physical address at which third parties can find you or the entity. You and the entity may not list the Registered Agent’s address in the entity’s public media, including business cards, brochures, websites, or emails.
YOU AND THE ENTITY EXPRESSLY AGREE THAT (1) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS ARE NOT OBLIGATED TO READ ANY MAIL OR ANY OTHER DOCUMENT OR LAWSUIT RECEIVED BY THE REGISTERED AGENT AND (2) YOU AND THE ENTITY DO NOT EXPECT US TO REPRESENT YOU OR LOCATE REPRESENTATION IN CONNECTION WITH ANYTHING WE OR THE REGISTERED AGENT RECEIVE. The Registered Agent will not forward certain mail addressed to the entity, including but not limited to credit card applications, commercial solicitations, and the like, all of which would typically be considered junk mail.
You or the entity may discharge the Registered Agent at any time by filing a Change of Registered Agent Form the State. Please note that any future registered agent must consent to the appointment and such consent must be kept in the entity’s records. The State may have a sample consent available to the public. We ask that you notify the Registered Agent if you desire to change your registered agent so that they will stop sending invoices each year.
TAX ELECTION ISSUES
If you ask us to prepare a tax election (i.e. S Corporation Election or C Corporation Election), you agree that YOU will be required to sign and send the election to the IRS.
TERMINATION
We may terminate or suspend your access to the Website immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. All provisions of the Terms which by their nature shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
REFUND POLICY
You may terminate your Purchase at any time prior to work being performed by providing us written notice of cancellation. For purposes of these Terms and Conditions, our fee shall be considered earned upon the initial drafting of the applicable document(s). Fees charged by third parties and advanced by us are non-refundable.
CHARGEBACK ABUSE POLICY
In the event that a chargeback is placed or threatened on a Purchase, we reserve the right to report the incident for inclusion in chargeback abuser database(s) of our choosing and in our sole discretion. The information reported will include name, email address, Purchase date, Purchase amount, IP address, full address and phone number. Being listed on such databases may make it more difficult or even impossible for you to use (any of) your credit card(s) on future purchases with us or other merchants. Chargeback abusers wishing to be removed from the database shall make payment to us for any outstanding amount owed to us + $50 for processing and handling.
INTELLECTUAL PROPERTY
The Website and its original content, features, articles, document templates and functionality are and will remain the exclusive property of Lionshare Holdings, LLC and its licensors. The Website is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
LINKS TO OTHER WEBSITES
Our Website may contain links to third party web sites or services that are not owned or controlled by us. We have no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
TAX DISCLOSURE AND ACKNOWLEDGMENT
You are advised to obtain independent and competent tax advice regarding the Services. We cannot render any tax advice and are not responsible for any advice regarding tax matters or preparation of tax returns, or other filings, including, but not limited to, state and federal inheritance, sales, franchise and income tax returns. Tax issues are complex and we are not tax specialists or professionals. As such, we must recommend that you consult a tax professional if you have specific questions or special circumstances. According to IRS Circular 230 to ensure compliance with requirements imposed by the IRS, we inform you that the usable information is not to be considered tax advice and not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any matters addressed herein.
LEGAL, TAX & ACCOUNTING ADVICE
We are a document preparation and filing service, not lawyers, tax or accounting professionals. As such, we cannot and do not offer legal, tax, or accounting advice. The information on our website is for general informational purposes only and is not to be construed as legal, tax or accounting advice. The (1) documents we prepare or provide; (2) related instructions or information; and (3) content on the Website are not the substitute for the advice of an attorney, accountant or tax professional.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS WEBSITE OR MATERIALS AVAILABLE FROM THIS WEBSITE, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO LIMIT THE LIABILITY OF US, OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS FOR ANY AND ALL OF YOUR CLAIMS, LOSSES, COSTS, DAMAGES OF ANY NATURE WHATSOEVER TO THE SUM OF $1,000 OR THE OUR FEE, WHICHEVER IS GREATER. THIS LIMITATION SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION OR LEGAL THEORY PLED OR ASSERTED.
GOVERNING LAW & VENUE
These Terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions. The agreed venue and jurisdiction for any claims or disputes arising from the use of the Website is any state court located in Tarrant County, Texas and the United States District Court for the Northern District of Texas.
CHANGES
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
MISCELLANEOUS
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
CONTACT US
If you have any questions about these Terms, please email [email protected].
Last updated: October 1, 2019
