Formation Profs Legal Disclaimer and Terms of Service

PLEASE READ THIS LEGAL DISCLAIMER AND TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OUR WEBSITE OR USING OUR SERVICES

Visitors to the website, current customers, and prospective customers are subject to this Legal Disclaimer and Terms of Service (“Terms”), as detailed below.

These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

You and Us

Welcome to Formation Profs (“Formation Profs,” the “Company,” “we,” “us,” and “our”). Formally, we are Formation Profs, LLC. We provide services (“Services”) online, including via our website at www.formationprofs.com or any website owned by Formation Profs (collectively referred to as the “Website”), and other forms of communication such as email. Providing information via the Website is considered part of our Services.

The terms “User,” “you,” “your,” “Visitor,” or “Customer” refer to any past, current, or prospective client of our Services, as well as any visitor to the Website. These Terms apply to all Users. Fees for our Services will only apply when explicitly stated in these Terms or through notices provided by Formation Profs, such as information on the Website.

By accessing or using the Services (including the Website), you agree to be bound by these Terms as though you signed a physical agreement. We may also require you to confirm your agreement to these Terms through actions like clicking buttons labeled “I Agree” or “Purchase” or by using the Services.

Your personal use of any software (“Software”) included on the Website as part of the Services is permitted by Formation Profs under a revocable, non-sublicensable license.

Informational Purposes Only

Formation Profs provides general information and does not offer specific advice (legal or otherwise). The information provided is for informational purposes only and should not be considered professional or legal advice. Users should consult appropriate legal counsel or other professionals for personalized advice.

Transmission or receipt of information through Formation Profs does not create an attorney-client, business, or professional relationship.

Information Provided “As Is”

All information provided through Formation Profs, including the Website, is presented “as is” without guarantees of accuracy, completeness, or timeliness. Formation Profs disclaims all warranties and assumes no liability for errors or omissions in the content provided.

Content and Intellectual Property

All information, text, graphics, photos, and other materials uploaded, downloaded, or appearing in connection with our Services or on the Website are collectively referred to as “Content.” When you provide Content to us (“Customer Content”), you warrant that you have the necessary rights to provide it.

Formation Profs Content and third-party Content provided on the Website or through the Services are protected intellectual property. You may not share, reproduce, distribute, or otherwise use this Content without prior written permission, except for Customer Content, which remains your property subject to the rights you grant us.

Customer Contact Information

By providing your contact information (email address, phone number, etc.), you consent to being contacted by Formation Profs for any purpose related to our Services. You may revoke this consent by contacting us directly. Standard message and data rates may apply.

Minimum Age

You must be at least 18 years old to use our Services. If a minor submits information, their parent or guardian may contact us for removal.

Privacy

Formation Profs respects your privacy. Any Personal Data submitted through our Services is subject to our Privacy Policy. Please note that third-party platforms or service providers may have their own privacy policies, and Formation Profs is not responsible for their practices.

We reserve the right to access, read, preserve, and disclose information as needed to comply with legal obligations or to protect our rights, customers, or the public.

Third-Party Sites

Our Website may link to third-party websites or resources. Formation Profs does not endorse or assume responsibility for the content or practices of third-party sites. Accessing these sites is at your own risk.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, Formation Profs DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.

WE DO NOT GUARANTEE THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.

Limitation of Liability

IN NO EVENT SHALL Formation Profs BE LIABLE FOR DAMAGES EXCEEDING THE FEES YOU PAID TO Formation Profs DURING THE CALENDAR YEAR IN WHICH THE INCIDENT OCCURRED, OR $100, WHICHEVER IS GREATER.

WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OF OUR SERVICES.

Indemnification

You agree to indemnify and hold harmless Formation Profs and its affiliates from any claims or damages arising from your use of the Services, your breach of these Terms, or any violation of third-party rights.

Dispute Resolution by Arbitration

Summary:

Most disputes can be resolved by contacting our Customer Support team. However, if a resolution cannot be reached, you and Formation Profs agree to resolve disputes through binding arbitration or in small claims court, rather than general litigation.

Arbitration Agreement:

• Disputes will be resolved individually and not as part of a class action.

• Arbitration will be governed by the American Arbitration Association (AAA) rules and conducted in the county of your residence or another mutually agreed location.

• Formation Profs will cover arbitration fees for claims under $75,000 unless deemed frivolous.

General Provisions

• Severability: If any provision is deemed unenforceable, the remaining provisions will remain in effect.

• Entire Agreement: These Terms constitute the entire agreement between you and Formation Profs.

• Assignment: You may not transfer your rights under these Terms without our prior written consent.

By using the Website or Services, you acknowledge that you have read and agree to these Terms in their entirety. For any questions or concerns, please contact us at www.formationprofs.com

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