Terms and Conditions

Welcome to our website, www.smkbizsolutions.com (the “Site”). SMK Business Solutions LLC is a service company that provides services that include but are not limited to incorporation, LLC formation, Registered Agent and other related business filing services (dissolutions, amendments, annual reports, etc.) (collectively, the “Services”). By using our Site, you are agreeing to comply with and be bound by the following terms of service (the “Terms”). The terms “SMKbizsolutions.com”, “SMK”, “us”, “we” and “our” refer to SMK Business Solutions LLC, the owner of the Site.  The term “you” refers to the user or viewer of our Site.

Please read the Terms carefully before you start to use the Site. By using the Site, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at www.smkbizsolutions.com/privacy, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Site.

THE INFORMATION CONTAINED IN THIS SITE IS PROVIDED FOR GENERAL INFORMATION ONLY AND SHOULD NOT SERVE AS A SUBSTITUTE FOR LEGAL OR TAX ADVICE FROM AN ATTORNEY OR OTHER PROFESSIONAL FAMILIAR WITH THE FACTS AND CIRCUMSTANCES OF YOUR SPECIFIC SITUATION. YOU UNDERSTAND THAT SMK IS NOT ACTING AS YOUR ATTORNEY IN ANY WAY AND THE INFORMATION PROVIDED ON THIS SITE, THROUGH EMAILS, TEXT MESSAGES, OR PHONE CONVERSATIONS WITH SMK’S EMPLOYEES OR AGENTS IS NOT LEGAL OR TAX ADVICE. YOU SHOULD CONSULT COMPETENT LEGAL COUNSEL OR PROFESSIONAL OF YOUR OWN SELECTION REGARDING ANY LEGAL OR TAX QUESTIONS WHICH YOU HAVE REGARDING INCORPORATION, COMPANY FORMATION OR OTHER BUSINESS FILINGS LIKE DISSOLUTIONS, AMENDMENTS, ANNUAL REPORTS, ETC.

SMK uses the information you provide to us orally, via email, or on our online order forms to complete the forms required by the state. SMK IS NOT A LAW FIRM AND NEITHER SMK NOR ANY OF ITS EMPLOYEES PROVIDE LEGAL OR TAX SERVICES OR LEGAL OR TAX ADVICE. NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, ARE GIVEN REGARDING THE LEGAL OR OTHER CONSEQUENCES RESULTING FROM THE USE OF OUR SERVICES OR ORDER FORMS.

1. Registration and Site Access

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

You are responsible for:

a. Making all arrangements necessary for you to have access to the Site; and

b. Ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

2. Services

a. Business Entity Formations

As every business is unique and laws vary from state to state, it is impossible for SMK to guarantee that the options selected by you are the best for your particular situation, which varies depending on such things as the shareholders/members or directors of your corporation or LLC. You acknowledge that SMK does not know your financial or tax situation and did not provide you with any legal advice on whether to be a C or S corporation, LLC or DBA. YOU ARE HEREBY ADVISED TO CONSULT YOUR OWN PROFESSIONAL LEGAL OR TAX CONSULTANT REGARDING THESE MATTERS.

YOU ACKNOWLEDGE THAT UNLESS INFORMED OTHERWISE WE WILL ASSUME A FISCAL YEAR END FOR YOUR COMPANY OF DECEMBER 31. All LLC’s will be filed with a “perpetual” existence or “maximum allowable years” unless informed otherwise. Unless specified on your order, we will assume you request “, Inc.” as your corporate ending for corporations and “, LLC” as the ending for an LLC.

Further, you acknowledge that after your business has been incorporated, or your LLC has been formed, it is your responsibility to make sure that the company complies with all state, local and federal laws (and international laws if applicable) including, but not limited, to applying for necessary licenses, permits, or tax registrations.

b. Signatures and Electronic Signatures

You acknowledge that by submitting an order to SMK either via web or phone that you are allowing us to sign paperwork, electronically or otherwise, on your behalf as an “authorized representative”, “organizer” or “incorporator”. You also authorize SMK to affix or transmit your electronic signature and/or data to documents, where applicable. You also agree to provide a conformed copy executed by you for any matter for which an electronic signature has been attached.

c. Name Availability

SMK will only check your requested name(s) in the entity database in the state of filing and will not perform internet searches for existing uses of the name or perform federal or local trademark or trade name searches. You acknowledge that your company name may be available in one state but may not be available in another state or that your company name may also be registered as a DBA or fictitious business name in a county or state, but not considered a name conflict by the county or state.

d. Post-Formation Filings

SMK performs filings for existing companies that may change, modify or close the business entity. You acknowledge that making changes to or closing an existing business entity may have legal and or other tax consequences and that you are fully responsible for meeting these requirements. You acknowledge that any filing you make to change, close or otherwise submit information on your existing business entity has been approved by all company stakeholders and that SMK did not offer any legal or tax advice as to which filing would be best for your situation.

e. Processing Time

You acknowledge that although we provide estimates as to the amount of time it will take to process your order, there is no guarantee as to the length of time each state will take to process a filing or the length of time the Internal Revenue Service (IRS) will take to issue an FEIN number for the Company, nor can we predict the state’s workload, seasonal increase in demand, the time the Post Office or Courier Service will take to send a document or any other time estimate. We will go to great lengths to process orders as fast as possible, but, for the most part, we are dependent upon the filing system of each state, the IRS system for issuing FEINs, the U.S. Postal Service for delivery, and each individual state to process the filing. You acknowledge that SMK shall not be responsible or liable for any penalty, late fees, interest, cancellation or any other claims, damages or other liabilities incurred by you due to an order not being completed by a specified date. It is your sole responsibility to ensure that you submit your order with sufficient time to allow for the processing and completion of your order for you to meet any due date, deadline or other obligation you may have.

f. Delivery Time

You acknowledge that you can select the method of shipping for the completed order of either First Class Mail (U.S. Postal Service) or Federal Express (Standard Overnight if available to your area, otherwise will be shipped by 2nd Day Air). You acknowledge that only Federal Express orders can be tracked and though reliable, the delivery estimate by Federal Express is not guaranteed.

g. International Orders

SMK only ships to the countries and territories listed in the dropdown on our order forms; we reserve the right to cancel orders without notification from any country not listed on the order forms (with a full refund if payment has been received). All prices are shown in US dollars. It is important that you consult your local laws and, if necessary, contact an attorney to see if you have any restrictions on which type of US company may operate in your home country. If you do not provide a Social Security Number or ITIN, SMK will obtain the Federal Employer Identification Number (FEIN) on your behalf (if you order this service), but this will delay the obtainment of your FEIN for two weeks or more depending on the IRS workload and your signature and return of any necessary documents.

h. International Shipping and Delivery

SMK ships via the United States Postal Service (USPS). Depending on your location and the value of your order, we may ship via Global Express Guaranteed, Express Mail International or Priority Mail International. Please note that not all methods of international shipping from the USPS will have detailed tracking, confirmation of delivery or a guaranteed delivery time which is ultimately determined by your local postal service. Please note that estimates on delivery times do NOT include customs delays or any fees imposed by your home country (if any) which will vary depending on your home country’s customs policies. You acknowledge that you are liable for payment of any customs or import fees, taxes or duties for any shipment held by your customs office, and SMK is not responsible or liable for payment of said fees, taxes or duties.

i. Registered Agent Service

If you order our Registered Agent Service and file any corporate documents that list SMK as the Registered Agent, the documents filed listing SMK as the Registered Agent must use the correct company name and address (which may vary by state). The correct name and address for the SMK Registered Agent will be provided to you after a paid order is received. If a document is not filed by SMK, it is your responsibility to make sure the correct name, street address and any email address for the SMK Registered Agent is correctly entered into the documents you file.

You acknowledge that our Registered Agent Service will deliver documents to the address and email address you provided. It is your responsibility to ensure that we have the correct address and email address on file at all times. For any Service of Process (SOP) documents received, we will forward to domestic (US) addresses via FedEx Saver for a $25 charge per SOP in that 12-month period; alternatively, you can elect to receive the SOP electronically for free. For international addresses, documents will be forwarded via email unless a physical signature is required; otherwise, documents will be sent via the USPS.

The Registered Agent’s address cannot be used as your Company’s business or mailing address. The registered Agent is not a mail forwarding service.  The Registered Agent has a statutory responsibility to accept official state documents and legal documents (should your company be sued) and forward them to you.

The Registered Agent and Registered Agent service is not responsible for maintaining your Company in Good or Active status with the state(s) where your company is filed.  You can either place an order for us to file the Annual Report(s) on our site.

j. Virtual Office (not available in all states)

If you order the Virtual Office service, SMK will provision the street address, suite number, and personal mailbox number (PMB), and your service will begin on this date. Note that we must receive a signed and notarized USPS Form 1583 and Mailbox Agreement (which we will send to you for signature) before mail can be officially received and forwarded. 

k. Mail Forwarding (not available in all states)

Mail forwarding to a US address will occur once a month, unless requested otherwise by USPS 1st Class Mail; mail forwarding for international clients will occur once a month by USPS First Class Mail International (contact us if you wish to pay more for more frequent mailings). If an item we received exceeds USPS 1st Class Mail postage, SMK will generate an invoice to be paid to ship the parcel to your destination via your choice of Priority Mail or Federal Express. All mail and packages received and forwarded to you are subject to USPS laws, rules and regulations. Mail can be held for up to 60 days and you have the option to have us open and scan all received mail. See your Mailbox Agreement for further details.

l. Connecticut Users

If you are elected to act as the Registered Agent for your company in Connecticut, the state will send you a confirmation email to the Registered Agent email address you provided on your order. You must reply to this email within 48 hours of the date your filing was submitted to the state or the state will rescind your filing. If the filing is rejected or canceled by the state due to your failure to reply to the email, the resubmission of your filing will incur a reasonable additional service fee.

m. Louisiana Users

If you are elected to act as the Registered Agent for your company in Louisiana, the state will send you a confirmation email to the Registered Agent email address you provided in your order. You must reply to this email within 5 business days of the date your filing was submitted to the state, or the state will rescind your filing. If the filing is rejected or canceled by the state due to your failure to reply to the email, the resubmission of your filing will incur a reasonable additional service fee.

n. Nevada Registered Agent Service

By placing an order with SMK for Registered Agent service in Nevada, you are making a statement that the Contact Name and Contact Address listed on the order is the custodian of records for the company. You can update this custodian of records by emailing orders@smkbizsolutions.com and updating your information. If you enter into a Voting Trust Agreement, you must provide SMK with a copy of any Voting Trust Agreement and any extension of a Voting Trust Agreement.

o. North Carolina Users

North Carolina residents can review the documents we will file before purchase or after they are prepared and before submission. The form can be provided during the checkout process or by contacting us at orders@smkbizsolutions.com. 

3. Third-Party Services

a. Third-Party Goods and Services

We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.

b. Third-Party Policies

All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

4. Additional Payment Terms

a. Payment Information

You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, (iii) that you are authorized to use the payment method for payment of the purchase, and (iv) you will pay the charges incurred by you at the posted prices, including any applicable taxes. You hereby indemnify us from all costs, expenses, damages and fees, including but not limited to attorneys’ fees, arising out of your failure to pay or the provision of inaccurate credit information. We will charge interest on overdue and unpaid accounts. For security and fraud prevention purposes, SMK, in its sole and absolute discretion, may require verification of identity, address and other information, to be provided by you and/or the owner of the payment method before we process the rest of your order. SMK reserves the right to cancel and refund directly to the payment method without notification, any order that cannot be verified or that we determine, in our sole discretion, does not meet our security standards.

b. Renewals

Some products or services are billed on a recurring basis (“Renewals”) indicated on the specific order form and your electronic invoice (“yr” = year, “qtr” = quarterly, “mo” = monthly). SMK will automatically bill you for these services provided you do not cancel them before the due date. For yearly services, email notices will be sent 60, 30 and 7 days (a total of 3 notices) to the email address we have on file BEFORE charging your card. This gives you time to cancel the service through the contact form on our Site or email sent to SMK, subject to any State fees and filing requirements to cancel the service. If the renewal is provided by a third party, then they will invoice you separately before the renewal is due. By providing payment information to SMK you agree and consent to these renewals and to be automatically charged for the renewal payment when due. You acknowledge that you are responsible for renewal payments even if an order is not completed and/or there are matters beyond our control preventing us from completing or fulfilling your order, unless the renewal service is properly canceled before the renewal payment due date. It is further your responsibility to ensure that the email address and payment method we have on file has current information, including account number, billing address and expiration date.

c. International Payments

For security and fraud prevention purposes, SMK, in its sole and absolute discretion, may require verification of identity, address and other information, to be provided by you and/or the owner of the payment method before we process the rest of your order. SMK reserves the right to cancel and refund directly to the payment method, any order without notification that cannot be verified or we determine does not meet our security standards.

d. Returned Checks and Chargebacks

A $35 fee will be added to all checks returned to SMK due to non-sufficient funds or closed accounts plus any and all other collections fees or costs incurred by SMK. In addition, a bank service fee will be charged on these checks. All chargeback attempts on a credit card you have utilized for our services will be sent to collections with a $50 fee and SMK reserves the right to suspend your account and any access to your account. A chargeback is when you contact your financial institution or bank with the intent of canceling a service without first contacting us. Per your cardholder agreement with your credit card company, you are to dispute charges with the merchant first. SMK will never decline a legitimate refund request made pursuant to these Terms. However, if you improperly request a chargeback in violation of these Terms, as determined by SMK in its sole discretion, SMK will consider the order fraudulent and take action to rescind or dissolve any entity that we have formed for you and cancel any related services like Virtual Office, Registered Agent, etc. as well as adding any required state fees to the collections account.

5. User Responsibilities

a. Providing Correct Information

You acknowledge that you are responsible for submitting truthful, accurate, and correct information to SMK including spelling of persons’ names, business names, addresses and other order information.

b. Representations

When placing an order for Services, you represent and warrant that (i) you are at least 18 years old and have the legal authority to place an order for Services; (ii) you have obtained the consent of all necessary parties, whether from within your business entity or outside third parties, to proceed with ordering the Services; and (iii) neither you nor your business entity is involved in litigation or threatened to be made a party to litigation that would prohibit you from proceeding with ordering the Services.

c. Compliance with Laws

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.

d. Purchase by an Agent

You agree that if SMK services are purchased by an agent (attorney, CPA, employee, consultant, friend, etc.) you are nonetheless bound by these Terms. Agents, including resellers, may receive a discounted rate, and this rate is a discount on the retail prices listed on our Site and does not apply to any special or sale prices.

e. Reseller Option

You agree that if you have selected the “Reseller Option”, that you will receive access to “unbranded” versions of forms, handbooks and checklists (materials) that are property of SMK, and SMK grants you license to use these materials once for each paid order, provided you do not modify or sell them without SMK’s written consent. Client acknowledges that while SMK will make every effort to omit or delete its name, logo or SMK information from your order material, there may be instances or circumstances when this cannot be accomplished.

f. Email

Transmission of email to SMK is at your own risk. SMK will not accept responsibility for your transmission of confidential information or obligation to protect that information. A valid email address is required to submit an order to SMK, and it is your responsibility to ensure that your email address is current with us at all times for billing and notification purposes. You acknowledge that transmission of emails from SMK to you is also made at your own risk.

g. Alerts

You acknowledge that “Free Company Alerts” included with our services will include a reminder email sent to the email address of the account on record if that entity should have an “Annual Report” or similar annual filing due in the near future. You acknowledge that your failure to read the email for any reason does not create any liability on the part of SMK. Note that some states have an additional tax filing requirement through your respective Tax Department, so an Annual Report filing may not satisfy that requirement. SMK WILL NOT BE LIABLE FOR ANY LOSS OF GOOD STANDING OF AN ENTITY FOR ANY REASON. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE YOUR ANNUAL REPORTS AND TAX OBLIGATIONS ARE MET.

h. Responsible Party for Billing

The person that creates an account and submits an order (or acknowledges a phone order by accepting our Terms via email) is the responsible party for billing and payment for that account. If the account becomes delinquent or the responsible party for billing cannot be reached, the entity officers, directors, partners, and/or members will assume responsibility. To change the responsible party for billing, the account owner must consent to the transfer in writing and assign a new account owner who must accept our Terms and agree in writing to become the responsible party for billing.

i. Advertisers

The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials. We make no warranty regarding any representations made by any Advertiser or Sponsor.

6. User Restrictions and Prohibitions

a. General Restrictions and Prohibitions

Your access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except solely for internal, personal, non-commercial purposes and provided that you maintain all copyright notices contained in the printed materials), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom; (b) use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial  distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.

b. Linking to the Site

You may provide links to the Site on your own website, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in any illegal or pornographic activities, (c) your site does not bring the Site in disrepute or aid in its unlawful replication, and (d) you discontinue providing links to the Site immediately upon request by us.

7. Intellectual Property Rights

a. Copyright

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, is strictly prohibited. You do not acquire ownership rights to any content, documents or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the Site is the copyrighted work of third parties, and the posting of such work does not create any rights, title or interest in such work for the viewer.

b. Forms, Terms and Documents

We may make available through the Site or through other websites sample and actual forms, checklists, business documents and legal documents (collectively, “Documents”). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents are provided for a charge and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH “ALL FAULTS”, AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Documents may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions, as the Documents are only samples and may not be applicable to a particular situation. Some Documents are public domain forms or available from public records. Provision of the Documents does not constitute the provision of Legal Advice and no Legal Advice is hereby intended.

c. Use of Information

We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.  All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a “Submission”) will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

d. Copyright Infringement Claims

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:

a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

b. A description of the copyrighted work that you claim has been infringed;

c. A description of where the material that you claim is infringing is located on the Site;

d. Your address, telephone number, and email address;

e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

f.  A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an email to the Copyright Agent at orders@smkbizsolutions.com.

8. Cancellation of Services

a. Satisfaction Guarantee

Subject to the following exceptions, if you are unsatisfied with the products or services you have purchased from us, we will refund to you the purchase price (minus any government fees and third party costs incurred to that date) within 90 days of purchase, provided that you have (i) notified us in writing of your desire for the refund and provided the reason for the request and (ii) returned any product purchased to us in substantially the same condition as when purchased. The foregoing “Satisfaction Guarantee” is only available during the first month of recurring Services, and does not apply to any months thereafter. In addition, this guarantee does not apply and we have no responsibility or liability for products and services on our Site that are sold by third parties or are linked to third party websites. You may request a refund by contacting us by email at orders@smkbizsolutions.com. You may obtain any additional information concerning our refund and return policy by contacting us at orders@smkbizsolutions.com. Products or services for which refunds have been issued become property again of SMK.

b. Formation Filings

If an order is canceled after payment has been taken by SMK but before a name check has been completed, SMK will refund the total order amount minus a $25 processing fee. If the order is canceled after the name check has been completed but before the formation documents have been created, SMK will refund the total order amount less a $50 processing fee. If the order is canceled after the formation documents are created, SMK will refund the total amount of the order less a $75 processing fee provided that the formation document is not already filed with the state. Note that orders cannot be canceled after they have been shipped to the state or county filing office for processing.

c. Post-Formation Filings

If an order is canceled after payment has been taken by SMK but before the filing documents are created, SMK will refund the total order amount minus a $25 processing fee. If the order is canceled after the filing documents are created, SMK will refund the total amount of the order less a $75 processing fee provided that the formation document is not already filed with the state. Note that orders cannot be canceled after they have been shipped to the state or county filing office for processing.

d. Registered Agent Service

You acknowledge that if you no longer wish to utilize SMK’s Registered Agent Service in any jurisdiction, you must:

1. Assign another Registered Agent in said jurisdiction including paying all fees related to changing the agent including appointment and/or resignation fees; and

2. Notify SMK that you have properly changed Registered Agents before the next renewal due date by sending proof of the change (copy of the filing, state receipt, scan, etc.) via fax, email, postal mail or courier; Or

3. Agree to allow SMK to resign as the Registered Agent subject to payment of any state filing fees and SMK service fees.

You acknowledge that if you discontinue business operations, voluntarily or not, you must:

1. Properly dissolve, cancel, withdraw or otherwise properly terminate the entity. Note that “Administration Dissolution” or any other type of dissolution that is initiated by the state for failing to comply with their maintenance requirements is NOT considered a proper dissolution as SMK will still be listed as the responsible Registered Agent. A proper dissolution is initiated by the company and includes paying all fees and filing all required forms; and

2. Notify SMK that you have properly discontinued business operations by the renewal due date by sending proof of the change (copy of the filing, state receipt, scan, etc.) via email, postal mail or courier.

Note that if these conditions are not satisfied by the next renewal due date, you will be responsible for the annual fee and not subject to prorated calculation. If payment is not received by the due date, your account will be suspended and a late fee of $25 will be assessed. If payment is not received within 30 days after the due date, SMK reserves the right to resign the registered agent appointment with the state and send the account to collections for any fees incurred as well as a $49 processing fee. SMK will also hold any documents for forwarding to you until the account is paid in full.

e. Phone Orders

If an order is placed by phone via one of our employees and is subsequently canceled by you, the order will incur a $25 convenience fee which is in addition to the cancellation fees above.

f. Orders Not Received

You have 14 days after we ship to a US address to notify us if you have not received your completed order via the chosen shipping method. If you notify us of a non-receipt within that 14-day window, SMK will replace the order at our cost. If you notify us after the 14-day window, you will be responsible for any fees related to replacing the lost formation documents, though SMK will provide assistance in the process. If you requested Federal Express shipping and the package can be tracked as “delivered”, SMK will assume the package was delivered regardless if you signed for the package or not or if you have a “signature waiver” on file with Federal Express.

g. International Orders Not Received

Lost international packages or packages that cannot be confirmed as delivered are your responsibility, provided SMK shipped to the correct address entered on our order forms. You will be responsible for any fees related to replacing the lost formation documents, though SMK will provide assistance in the process. If you requested Federal Express shipping and the package can be tracked as “delivered”, SMK will assume the package was delivered regardless if you signed for the package or not or have a “signature waiver” on file with Federal Express.

h. Limitations on Returns and Refunds

Any and all fees paid to the Secretary of State or local correspondents cannot be refunded under any circumstances. If the corporation is deficiently formed and/or an error is made on the part of SMK, SMK will undertake reasonable efforts to cure and amend any necessary documentation, or will refund the fees paid to SMK (and possibly to the applicable state entity) at the sole discretion of SMK. In addition, while SMK will make reasonable efforts to accommodate our customers, mechanical or human error may occur. Thus, if for any reason your incorporation request, LLC formation request, or other preparation request is unreasonably delayed, destroyed, misplaced, or otherwise missing, SMK WILL NOT BE RESPONSIBLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR COMPENSATORY DAMAGES. YOUR SOLE REMEDY WITH SMK WILL BE A COMPLETE REFUND OF ANY AND ALL FEES PAID TO SMK FOR OUR SERVICES. ACCEPTANCE OF THIS AGREEMENT CONSTITUTES A WAIVER OF ANY AND ALL RIGHTS AND REMEDIES AT LAW OR EQUITY.

9. WARRANTY DISCLAIMERS

We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS, AND WE ARE NOT RESPONSIBLE FOR CORRUPTION OR LOSS OF DATA YOU SUBMIT THROUGH THE SERVICES. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

INFORMATION CONTAINED ON OR MADE AVAILABLE THROUGH THE SITE IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE, RECOMMENDATIONS, MEDIATION OR COUNSELING UNDER ANY CIRCUMSTANCE AND NO ATTORNEY-CLIENT RELATIONSHIP IS FORMED. WE DO NOT WARRANT OR GUARANTEE THE ACCURATENESS, COMPLETENESS, ADEQUACY OR CURRENCY OF THE INFORMATION CONTAINED IN OR LINKED TO THE SITE. YOUR USE OF INFORMATION ON THE SITE OR MATERIALS LINKED TO THE SITE IS ENTIRELY AT YOUR OWN RISK. WE ARE NOT A LAW FIRM, AND THE SITE IS NOT A LAWYER REFERRAL SERVICE. IN FACT, IF YOU HAVE LEGAL QUESTIONS, YOU SHOULD CONSULT COMPETENT LEGAL COUNSEL TO ENSURE THE APPROPRIATENESS, COMPLETENESS, ADEQUACY OR CURRENCY OF THE DOCUMENTS PROVIDED.

Third party content may appear on the Site or may be accessible via links from the Site.  We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and are neither endorsed by nor does it necessarily reflect our belief.

10. Unlawful Activity

We reserve the right to investigate complaints or reported violations of these Terms 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 or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information. We are not required to disclose information to you which may be released as a result of a subpoena or a request from a government investigatory branch or office, and we shall comply and cooperate with any and all valid subpoenas, formal investigations and written demands of any government agency regarding any request for information about you or your company, as required by law.

11. Indemnification

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of these Terms or use of the Site.

12. Limitation of Liability

Neither SMK nor its Affiliated Parties shall be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any Services or products obtainable therefrom, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the control of SMK or an Affiliated Party.

IN ANY EVENT, THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY. IF WE REFUND ANY MONEY FOR ANY REASON, THEN ACCEPTANCE OF SUCH REFUND SHALL CONSTITUTE A WAIVER OF ANY AND ALL CLAIMS, RIGHTS OR CAUSES OF ACTION.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. Right to Refuse Services

SMK, at its discretion, reserves the right to refuse service to anyone for any reason. You acknowledge that SMK will not be liable for any damages or loss from our right to refuse service.

14. Privacy Policy

Our privacy policy, which is incorporated here by reference, can be accessed at the following URL: https://www.smkbizsolutions.com/privacy.

15. Miscellaneous

a. Governing Law and Jurisdiction; Severability; Waiver

These Terms shall be treated as though they were executed and performed in Cheyenne, Wyoming, and shall be governed by and construed exclusively in accordance with the laws of the State of Wyoming (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. The language in these Terms shall be interpreted as to its fair meaning and not strictly for or against any party. These Terms and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of these Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, these Terms shall take precedence. Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under these Terms shall survive any termination of these Terms. The rule of construction of construing against the drafter does not apply to these Terms.

b. Arbitration

Any legal controversy or legal claim arising out of or relating to these Terms or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Cheyenne, Wyoming, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in Cheyenne, Wyoming necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred.

c. Modification

We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

d. Non-Transferrable

Your right to use the Site is personal and not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable. Any attempted transfer shall be void.

e. Securities

The Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” “will” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.

f. Entire Agreement

These Terms and our Privacy Policy constitute the sole and entire agreement between you and SMK regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

g. Contact Us

This website is operated by SMK Business Solutions LLC, 1603 Capitol Ave, Ste 413, Cheyenne, Wyoming, 82001. 

All notices of copyright infringement claims should be sent to orders@smkbizsolutions.com in the manner and by the means set out above.

All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: orders@smkbizsolutions.com.

Thank you for choosing SMK Business Solutions LLC for your company management needs.