The Delaware Company

The Delaware Company Terms of Use

Your use of our website and information provided by us constitutes your agreement to be bound by the terms and conditions set forth in these Terms of Use. The following terms and conditions govern your use of this website, the services offered by The Delaware Company ("The Delaware Company") via this website and the forms, information, software, function, graphics, artwork and any other content, materials and resources available by The Delaware Company (collectively, the "The Delaware Company Content"). As a user of this website and the The Delaware Company Content, you are granted a nonexclusive, nontransferable, revocable, limited, personal license to access and use such website and the The Delaware Company Content in accordance with these terms and conditions. The Delaware Company may terminate this license at any time for any reason. This limited license terminates automatically, without notice to you, if you breach any of these Terms of Use. The Delaware Company may make improvements and/or changes to its features, functionality or the The Delaware Company Content at any time.

If you are not satisfied with our service, please contact our customer service department at customerservice@theusacompany.com. We work to resolve problems promptly to our customers' satisfaction.

Not Legal Advice

The Delaware Company is not a law firm and neither The Delaware Company nor any of its employees provide legal or professional services or advice and should not be relied upon as such. The The Delaware Company Content is provided for general information only and should 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 use of this website.

No Insurance or Liability Coverage

The Delaware Company provides neither insurance nor any other liability coverage with respect to the information provided to us, the The Delaware Company Content or as the result of our services.

Limitations on Use

Use of this website and the The Delaware Company Content is limited to lawful business purposes. Any unauthorized use of this website or the The Delaware Company Content is prohibited. The Delaware Company may seek any available legal remedy or take any reasonable business steps to prevent the unauthorized use of, or access to, this website and the The Delaware Company Content, and to prevent access to users who violate these Terms of Use. The Delaware Company' remedies include the right to seek equitable relief. You may not reverse engineer, disassemble, rent, lease, loan, sell, sublicense, provide information processing services, time-sharing or service bureau-type services to any third party, or create derivative works from this website and the The Delaware Company Content. You may not use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider or other automatic device or manual process to monitor or copy this website or the The Delaware Company Content without The Delaware Company's prior written permission. You may not copy, download, perform, modify, edit, alter, enhance, reproduce, republish, distribute, re-distribute, display or transmit all or any portion of this website or the The Delaware Company Content in any manner, except to the extent expressly permitted by these Terms of Use. You may not use or otherwise export or re-export this website or any portion thereof, the The Delaware Company Content or any software available on or through this website in violation of the export control laws and regulations of the United States of America.

Intellectual Property Rights

Except as expressly set forth in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication or otherwise, under copyright or other intellectual property rights. You agree that this website and The Delaware Company 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 The Delaware Company has a registered trademark interest or other protectable interest (collectively "The Delaware Company Marks"). It may also includes product names, business names, logos, slogans and other marks in which others have a protectable interest (collectively "Other Marks"). You may not in any way use any The Delaware Company Marks or Other Marks on this website without the prior express written permission of the appropriate owners.

Disclaimer of Warranty

This website, our services and the The Delaware Company Content are provided "as is" without any warranty of any kind. No representations or warranties express or implied, are given regarding the legal or other consequences resulting from the use of this website, our services or the The Delaware Company Content. The Delaware Company does not warrant the accuracy or timeliness of the The Delaware Company Content, and you agree that The Delaware Company has no liability for any errors or omissions in the The Delaware Company content, whether provided by The Delaware Company or by a third-party. The Delaware Company does not warrant that (i) the operation of the website or the The Delaware Company Content will be error-free or uninterrupted; (ii) defects will be corrected; (iii) this website and The Delaware Company Content are free of viruses or other harmful components; or (iv) this website or The Delaware Company Content will meet your requirements. The Delaware Company makes no representation or warranty as to the results that may be obtained from the use of this website or the The Delaware Company Content that the results may be obtained from such use will be reliable, or that the quality of any product, service, information or other material purchased or obtained by you through this website will meet your expectations. Any materials and/or other data downloaded or otherwise obtained through the use of this website is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the downloading of such material or data. The Delaware Company and its parent, subsidiaries, directors, officers, employees, affiliates, successors, assigns, agents and representatives specifically disclaim any warranty, except as otherwise specifically provided elsewhere in this agreement, oral or written, whether express or implied, including without limitation, the implied warranties of merchantability, title, non-infringement, and fitness for purpose. Under no circumstances will The Delaware Company or its parent, subsidiaries, directors, officers, employees, affiliates, successors, assigns, agents or representatives, be liable or responsible for any damage or inconvenience caused or alleged to be caused by the use of this website, our services or the The Delaware Company Content. This warranty gives you specific legal rights, and you, as licensee, may have other rights that vary from state to state. Some states do not allow the exclusion of implied warranties, so portions of the above may not apply to you.

Limitation of Liability

The Delaware Company (and its parent, subsidiaries, directors, officers, employees, affiliates, successors, assigns, agents and representatives) shall not be liable for any injury, claim, liability or damage of any kind resulting from your use of this website, our services or the The Delaware Company Content. The Delaware Company (and its parent, subsidiaries, directors, officers, employees, affiliates, successors, assigns, agents and representatives) shall not be liable for any special, direct, indirect, incidental or consequential damages of any kind whatsoever, including without limitation, attorney fees, lost profits, goodwill, business interruption, loss of business information or data, loss of opportunity and the like, in any way due to, resulting from, or arising in connection with the use or inability to use this website, our services or the The Delaware Company Content.

Order Information

By submitting a The Delaware Company order form and agreeing to the terms outlined in The Delaware Company's Terms of Use, you agree to allow The Delaware Company to file the ordered documents on your behalf. In addition, your order with The Delaware Company represents that the information supplied by you or your agent to The Delaware Company is accurate and complete. Your order with The Delaware Company also acknowledges that The Delaware Company is relying upon such information in the preparation and completion of each and all orders without any verification by The Delaware Company as to its accuracy or completeness. You agree to hold The Delaware Company and its parent, subsidiaries, directors, officers, employees, affiliates, successors, assigns, agents and representatives harmless and defend and indemnify The Delaware Company from and against any claims, causes of action, damages and liability of whatever kind or nature, including but not limited to court costs and reasonable attorney fees if information provided by you or your agent is inaccurate or incomplete. It is your responsibility to inform The Delaware Company of any changes or corrections to your information.

Shares of Stock and Par Value

The Delaware Company forms corporations with 1500 shares of stock and $0 par value. While this is the default used, you have the ability to request a different number of shares and par value by designating this in the comments field of the online order form or by contacting our customer service team. Changing the default shares or par value may increase the filing fees or the yearly taxes owed to the state.

General Payment Terms

The Delaware Company accepts payment by credit card. If an order is cancelled after payment has been taken by The Delaware Company but before a preliminary name check has been completed, The Delaware Company will refund the total order amount less a $50 processing fee. If the order is cancelled after the preliminary name check has been completed but before the formation documents have been sent to the state for processing, The Delaware Company will refund the total order amount less a $75 processing fee, provided that the formation document is not already filed with the state. Money paid to The Delaware Company that has already been paid to the state for filing fees or to suppliers is not refundable.

Money paid to The Delaware Company for mail forwarding service will not be refunded after a customer has activated this service with our partner, Delaware Mailboxes, or if the customer has not activated this service with Delaware Mailboxes within 60-days of ordering with The Delaware Company.

Registered Agent Service Payment Terms

BizFilings provides six free months of registered agent services to each customer of The Delaware Company. The terms of service for the registered agent require enrollment in BizFilings auto-pay program. This program includes leaving an active credit card on file with BizFilings which allows BizFilings to charge your credit card account for renewal of your registered agent subscription service. The renewal charge will be the current published rate for registered agent service for one year.

One month before the credit card on file is automatically charged for renewal of services, BizFilings sends a reminder of the upcoming renewal. Recipients of the reminder can contact BizFilings to provide an alternative payment method. If BizFilings does not hear from the recipient before the renewal date, the registered agent subscription is renewed for one year and the credit card on file is automatically charged.

BizFilings recognizes that privacy is important. We understand the need for you to maintain control over your information and data when using BizFilings. Credit card information is retained as part of the auto-pay program and used for renewal, payment processing and maintenance of your service and are not used for other purposes without your permission. While credit card information is safeguarded, no method of electronic storage is 100% and we cannot guarantee its absolute security.

You recognize and agree that the cost of service is a good faith estimate. The renewal charge is the current published rate for registered agent service for one year. BizFilings reserves the right to increase all service fees at any time without notification to you.

In the event that BizFilings does not receive payment, it reserves the right to terminate your registered agent service, which may cause your business to fall out of good standing with the state(s). Under no circumstances will BizFilings or its parent, subsidiaries, directors, officers, employees, affiliates, successors, assigns, agents or representatives, be liable or responsible for any damage or inconvenience caused or alleged to be caused by termination. You agree to pay reasonable collection costs, if necessary, in the event of non-payment, plus interest on any such amounts at a rate of 1.5% per month.

You may cancel the registered agent service at any time. All cancellations of registered agent service require proof (in writing) that the company has a new registered agent on file with the State. If notification of cancellation is not received in writing prior to the renewal date, you agree that BizFilings may charge the full fee for the renewal service term.

Any accepted partial payment by The Delaware Company will be considered an incomplete order until full payment is received or at The Delaware Company's discretion, a reduction in the registered agent service term. Such accepted partial payment orders may be subject to additional installment payment processing fees.

Privacy Policy

To read The Delaware Company's full privacy policy, click here. The terms of that Policy, and any future amendments to it, are hereby incorporated by reference in its entirety into these Terms of Use.

Third-party Content

Third-party content may appear on this website or may be accessible via links from this website. The Delaware Company is not responsible for an assumes no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained on any third-party website or in any third-party content appearing on this website. You understand that the information and opinions in the third-party content is neither endorsed by nor does it reflect the opinions of The Delaware Company. You acknowledge that The Delaware Company is providing these links or third-party content to you only as a convenience, and you agree that The Delaware Company has no liability, obligation or responsibility for any correspondence, purchase or promotion between you and any third-party, or for content or links displayed on such sites to which you may be linked, or products or services offered by, such third-party providers or other non-The Delaware Company websites.

Reliance on Instructions

The Delaware Company may act in reliance upon any instruction, information, document, filing, name, e-mail address or user password that meets this website's automated criteria or which is believed by The Delaware Company's personnel to be genuine. For any password protected areas, The Delaware Company may assume a person entering a user name address and associated password is, in fact, that user or is authorized by that user to act on its behalf. The Delaware Company may assume the latest e-mail addresses and registration information on file with The Delaware Company are accurate and current. When programmed to do so, The Delaware Company may take prescribed actions in the absence of receiving proper and complete contrary instructions.

Remedies

The Delaware Company reserves the right to seek all remedies at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to this website and its features.

Mail Forwarding Service

The Delaware Company partners with Delaware Mailboxes to provide mail forwarding service to our customers. After adding this service to your formation order, you will need to provide additional information about your company; a completed USPS Form 1582 and two forms of identification to Delaware Mailboxes in order to activate your account. Customers electing this service will receive an e-mail from The Delaware Company with activation instructions, after payment has been applied by The Delaware Company to your order.

Returned Checks

A $25 fee will be added to all checks returned to The Delaware Company due to non-sufficient funds or closed accounts. In addition, a bank service fee will be charged on these checks.

Unlawful Activity

The Delaware Company reserves the right to investigate complaints or reported violations of these Terms of Use and to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators or other third-parties and disclosing any information necessary to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. You acknowledge that The Delaware Company will have the right to report to law enforcement authorities any action that may be considered illegal, as well as any reports it receives of such conduct. When requested, The Delaware Company will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity.

Force Majeure

The Delaware Company is not responsible for any delay or failure in performance of the web site in whole or in part for any reason including, without limitation: fires, floods, storms, earthquakes, civil disturbances, disruption of telecommunications, transportation, utilities, services or supplies, governmental action, computer viruses, corruption of data, hacker attack, incompatible or defective equipment, software or services or otherwise. Nothing herein enlarges any warranty or diminishes any disclaimer under these Terms of Use.

Governing Law, Jurisdiction and Legal Notice

These Terms of Use will be governed and construed under the laws of the State of Delaware, U.S.A., without regard to its choice of law provisions. You agree that any action at law or in equity arising out of or relating to this website or the The Delaware Company Content, including these Terms of Use, will be filed only in the state or federal courts located in Delaware. You consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

Severability

If any term or provision of these Terms of Use is held to be invalid, void or unenforceable by a court or arbitrator of competent jurisdiction, the remainder of these Terms of Use will not be affected, impaired or invalidated and each remaining term or provision will be valid and enforceable to the fullest extent permitted by law.