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Ask any Question?ALL VISITORS TO THE WEBSITE, CURRENT CUSTOMERS, OR POTENTIAL CUSTOMERS ARE SUBJECTED TO THIS TERMS OF SERVICE (“TERMS”), AS SET FORTH BELOW.
BY USING THE WEBSITE, ANY APPLICATIONS OR PLUG-INS. YOU HAVE ACKNOWLEDGED THAT YOU HAVE CAREFULLY READ AND FULLY UNDERSTAND THE TERMS OF SERVICE IN ITS ENTIRETY.
WELCOME TO REGISTERED COMPANY AGENTS, LLC. (“REGISTERED COMPANY AGENTS”, or “RCA”, the “COMPANY,” “WE,” “US,” and “OUR”). We provide our services (“Services”) online and mobile, via our website at www.RegisteredCompanyAgents.com, and www.rcagents.com or any other website owned by Registered Company Agents (collectively the “Website”), and other forms of communications such as email and/or SMS. Providing information on the Website also constitutes part of the Services.
We use the term “User” or “you” or “your” or “Visitor” or “Customer” to mean any past, current, or potential customer of our Services as well as any visitor to the Website. These Terms apply to each Customer. There will be no fees for Customers to use the Services unless stated explicitly in these Terms or in other notices from RCA to Customers such as information on the Website.
These Terms govern your access to and use of our Services. By accessing or using the Services (including accessing the Website), you agree to be bound by these Terms as if these Terms were signed by you in ink on a hard-copy agreement. We may also ask you to confirm that you agree to these Terms, including by taking particular actions, such as clicking a button labelled “I Agree” or “Buy Now” or using the Services. Any personally-identifiable information about you or anyone else may be stored on or through the Services (“Personal Data”). So long as you are a Customer, RCA hereby grants you permission to use the software (“Software”) included in the Website as part of the Services. Your right to use the Software is revocable by RCA, and is not sublicensable. Moreover, the Software must be used solely for personal use by you.
The information provided in the Website or via any other means of transmission from RCA is not legal advice, but general information. The content contained on the Website or information contained in any other transmission from RCA is subject to these Terms.
RCA reserves the right to change or update these Terms at any time. Changes or updates of these Terms will appear on the Website and/or be communicated to Customers and are effective immediately. Use of the Website or receipt of Services after any such changes constitutes your consent to such changes and updates.
The purpose and intent of RCA is to provide you with general information, and not to provide any specific advice (legal or otherwise). The information presented is provided solely for informational purposes and constitutes an advertisement for services. RCA does not wish to represent anyone desiring legal representation based upon viewing the Website or information provided via email, facsimile, phone conversation, or any other form of transmission. Visitors or recipients of this information should not act upon this information without consulting with legal counsel. None of the information on the Website constitutes professional or legal advice or a recommendation by RCA, its representatives, agents, or otherwise. RCA operates exclusively at Customer’s direction and does not offer legal, tax or accounting advice or services, and no information provided by RCA constitutes legal, tax, or accounting advice.
I understand and agree that RCA is not a law firm or an attorney, may not perform services performed by an attorney, and its forms or templates are not a substitute for the advice or services of an attorney. Rather, I am representing myself in this legal matter. No attorney-client relationship or privilege is created with RCA. Also, providing any of the information made available at the Website or via other forms of transmission does not create a business, legal, or professional relationship.
If, prior to my purchase, I believe that RCA gave me any legal advice, opinion or recommendation about my legal rights, remedies, defenses, options, selection of forms or strategies, I will not proceed with this purchase, and any purchase that I do make will be null and void.
Information obtained from RCA or the Website should NOT be used as a substitute for legal advice from an attorney. It is provided “as is”, is not guaranteed to be correct, complete or up-to-date, and RCA expressly disclaims all warranties and disclaims any and all liability of responsibility for loss, claim, liability, or damage that is a result of or in any manner related to errors or omissions in the content provided by RCA or the Website.
Any information, text, graphics, photos or other materials uploaded, downloaded or appearing in connection with our Services or on our Website, including all Personal Data, are collectively referred to as “Content”. When you provide Content to us (“Customer Content”), you warrant to us that you have all rights necessary to provide your Content to us.
In addition to Customer Content, some of the Content on the Services and Website is owned by us (“Registered Company Agents’ Content”), and by partners and other entities (“Third Party Content”). You may use RCA’s Content and Third Party Content for your personal use only. Except for Customer Content, you may not share any Content with any other person or entity without the prior written permission of the owner of that Content. For example, you would need to obtain our prior written permission prior to re-posting any RCA’s Content to another website or sharing it with others.
We own RCA’s Content and the Services, and all intellectual property associated therewith, including copyrights and trademarks. You may not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices in or accompanying the Services or any of the Content other than Customer Content. You may not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Services or any Content, other than Customer Content.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person that originates the Content. We do not monitor the Content posted via the Services. RCA will not be liable for any Content, including but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred arising out of the Content or any use of any Content.
Your use of or reliance on any Content or materials posted on our Website or provided to or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Website or in connection with the Services. We do not endorse any opinions expressed via the Services.
You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings or Content that have been mislabeled or are otherwise deceptive.
You grant RCA and agree to grant RCA a nonexclusive, perpetual, irrevocable, worldwide, unlimited, assignable, sublicensable, transferable, fully paid-up and royalty-free right and license to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize Customer Content in any form, format or process now known or hereafter discovered, via the Services or otherwise, including but not limited to any Customer-generated Content, ideas, concepts, techniques or data, without any further consent by you, and without any notice or compensation to you or to any third parties (“Content License”). Except for the Content License you grant to us, you retain all ownership or other rights you may have to Customer Content. Prior to providing us with Customer Content, you should retain a copy of Customer Content in a safe place accessible to you.
You are responsible for your use of the Services, for your Content, and for the consequences of what you do.
By Customer providing any email address, phone number, cellular phone number, or any other means of contacting Customer (“Customer Contact Information”), Customer expressly agrees that RCA can contact such Customer via such Customer Contact Information (including via text messages) for any purpose, including providing information regarding or in connection with the Services, as well as for marketing purposes.
You must be at least 18 years old to register with us and use the Services. You warrant that you have the right, authority and capacity to enter into these Terms as a binding agreement. If anyone under the age of 18 (“Young Person”) provides any Content to us, the Young Person’s parent or guardian may contact us. We will delete any Content provided by the Young Person.
Certain types of Content you submit to us might reveal your gender, ethnic origin, nationality, age, religion, sexual orientation, health information, or other Personal Data about you or others. Each time you use our Services or submit Personal Data or other Content to us, you confirm your consent to the collection, storage, processing, use, sharing, and onward transfer of your Personal Data and any other Personal Data you submit, and all other Content you provide, as further stated in the version of these Terms and the version of the Privacy Policy that are current as of the date of your submission.
Please note, however, that any Personal Data, or other Content or data collected, stored or processed by a partner or a third party is subject to the privacy policy or agreements of that partner or third party. We are not responsible for the privacy practices, security, or other aspects or processes of any partner or third party, except as expressly stated in the current version of these Terms and the current version of the Privacy Policy 2.
We also reserve the right to access, read, preserve, and disclose any Content, data or other information (including Personal Data) as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to Customer support requests; or (v) protect the rights, property or safety of RCA, the Services, our customers and the general public.
The Website contains links to servers maintained by other businesses and organizations, which exist independently from RCA or the Website. RCA cannot provide any warranty about the accuracy or source of the information contained on any of these servers or the content of any file a Customer might download from these sites. No such third party is endorsed or recommended by us by virtue of the fact that links to their servers appear on the Website. All accessing and downloading of material from such third party sites is at the Customer’s own risk, for which RCA is not responsible or liable in any way.
All third party information is provided without any warranty, express or implied, as to its legal effect and completeness.
For the avoidance of doubt, all charges imposed by such third parties - including but not limited to auto-renew fees for registered agent and/or any other services - cannot be reversed, discounted or in any way altered after those charges have been applied to your account.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR FEEL HARMED BY RCA, THE SERVICES, OR ANYTHING RELATED TO THE SERVICES, YOU MAY STOP USING THE SERVICES. TERMINATION IS YOUR SOLE AND EXCLUSIVE REMEDY. IN PARTICULAR, WE DISCLAIM THAT THE SERVICES WILL RESULT IN ANY PARTICULAR FINANCIAL BENEFIT OR OTHER BENEFIT OR SUCCESS TO CUSTOMERS IN ANY WAY. WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. WE DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR WITHOUT ERRORS. THE OPERATION OF THE SERVICES, INCLUDING THE WEBSITE, MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS. FURTHERMORE, WE DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONS, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET OR ANY OTHER NETWORK, AND FOR ANY OTHER REASON.
RCA may, at its sole discretion, refuse or cancel existing Services to any person or entity for any reason, including for misuse of RCA’s promotions. For example, if RCA were to offer a promotion (such as a promotion on state incorporation), such promotion can only be used once by a Customer and attempting to use such promotion more than once by the same Customer is misuse of RCA’s promotions. In such a case, RCA reserves the right to refuse service or cancel any orders in which a Customer is misusing a RCA’s promotion by attempting to use such promotion a second time or more. RCA is not responsible for any damage or loss that may result from RCA’s refusal or cancellation of Services for any reason.
An order is generally refundable until payment is forwarded to any government entity, such as a state or the U.S. federal government (typically within twenty-four hours after an order is placed), less a $35.00 cancellation fee and less any other expenses which have been paid or incurred in furtherance of an order, including payments to any entities, including state agencies or the Federal government or third party vendors. Once payment has been forwarded to any government entity or third party, RCA cannot accept any cancellations or any other changes to an order. In the case of trademark filings, once a trademark search has been conducted or payment has been made to the U.S. Patent and Trademark Office, RCA cannot accept any cancellations or any other changes to an order. To request an order cancellation prior to RCA making any payments to a government entity or other third party, or prior to a search being conducted for a trademark filing, your order must be in Review status. You must place your order on hold by clicking on the make changes button inside your order confirmation email and if the cancellation request meets RCA’s requirements as stated above, as determined by RCA at RCA’s sole discretion, then RCA will honor the cancellation. Instructions to cancel an order or any other changes to an order cannot be accepted by telephone or email. RCA does not dispute legitimate chargebacks. If, however, an illegitimate or improper chargeback (e.g., a chargeback requested after payment by RCA to a government entity or third party, or after a trademark search has been conducted) is submitted, RCA reserves the right to take any actions RCA deems appropriate at RCA’s sole discretion. Such actions by RCA include, but are not limited to, cancelling subscriptions or other Services and the dissolution of any entity formed for which payment was charged back or disputed by Customer. Customer shall be liable to RCA for all costs incurred by RCA in dissolving such legal entity. If RCA is unable or unwilling to dissolve such entity, or if payment was made to the U.S. Patent and Trademark Office for a trademark filing, Customer agrees to dissolve such entity promptly or abandon the trademark filing, at the request by RCA, or be liable to RCA for liquidated damages in the amount of five hundred U.S. dollars (US$500) plus any and all costs incurred by RCA to collect the liquidated damages and dissolve the legal entity, including court costs, arbitration costs, legal fees, and collection costs to the extent not prohibited by applicable law. RCA reserves the right to dissolve any legal entity which is fraudulently formed by any person who uses a third party’s name without authorization from such third party to form the legal entity, and any person who forms such legal entity shall be liable to RCA for liquidated damages in the amount of ten thousand U.S. dollars (US$10,000) plus any and all costs incurred by RCA to collect the liquidated damages and dissolve the legal entity, including court costs, arbitration costs, legal fees, and collection costs to the extent not prohibited by applicable law.
We may terminate these Terms for any reason or no reason, at any time, with or without notice. Any termination by us shall be effective immediately or as may be specified in our notice.
We may restrict, suspend or block the access of any Customer who abuses or misuses the Services. Misuse includes, among other things, infringing any intellectual property rights, using any functionality, feature or capability of the Services to generate, support or transmit any form of spam, engaging in any behavior or activity that we asked you not to do, or any other behavior that we, in our sole discretion, deem contrary to the mission and purpose of RCA and the Services.
Upon termination, you may lose access to some or all of the Services. We may block access to the Services from an Internet Protocol (“IP”) address or range of IP addresses associated with those of terminated Customers. Upon termination, all licenses and other rights granted to you by us in these Terms will immediately cease, but any licenses you have granted to us will survive termination regardless of the reason for such termination. In addition, any fees invoiced to you prior to termination that have not been paid will continue to be due in accordance with these Terms, and no refunds shall be provided for payments previously made.
Services provided by RCA may automatically renew to keep a Customer’s legal entity in compliance with state or other government requirements. A current and active credit card on file will be charged by RCA’s registered agent partner (e.g., Registered Agents Inc.), for the annual renewal of the Registered Agent service. The current Registered Agent service annual renewal fee is available on the Website and the Customer Dashboard (see Website). Customer has the option to cancel the Registered Agent service at any time by assigning a new registered agent with state and notifying RCA of the change. If such notification is not provided to RCA by the expiration date of the existing Registered Agent service, RCA may automatically renew these Services. If RCA is unable to complete an auto-renewal due to payment failure, RCA may, at its sole discretion, cancel the Registered Agent service. Credit card information held for purposes of automatic renewal and subscription Services by RCA will not be used for other purposes without Customer consent and permission. RCA and RCA’ registered agent partner (e.g., Registered Agents Inc.) implement reasonable safeguards to protect Customer data pursuant to the Privacy Policy. All prices for Services advertised on RCA are subject to change at any time without notice.
Customer hereby agrees, represents, and confirms that Customer will not use the information presented, products, Services or materials purchased from or provided by RCA to commit fraud or any other illegal act or crime; to mispresent identity or legal purpose; to misrepresent, misstate, or falsify information on legal documentation; to misrepresent or mistake any fact; or in any other unlawful, illegal or improper manner. Customer hereby agrees to be responsible for any costs, including legal fees, incurred by RCA in the event Customer fails to conform to this requirement. Customer hereby accepts full liability and shall indemnify, defend and hold RCA, its owners, agents, employees, representatives, and providers harmless from any and all damages, claims, demands, judgments, expenses, and causes of action asserted against RCA by any person or local, state or federal government agency arising from or out of any event, circumstance, act or incident resulting from Customer’s use or misuse of the information presented, or products, Services or materials provided by RCA.
Customer hereby agrees and confirms to give RCA complete authority to sign documents on Customer’s behalf for the purpose of, and not limited to, completing any order or modification thereof on Customer’s behalf.
RCA reserves the right to investigate complaints or reported violations of these Terms and to take any and all actions it deems necessary or appropriate including the reporting of any suspicious or suspected unlawful or illegal activity to law enforcement, applicable regulators or other third-parties. RCA may disclose any information necessary or appropriate in this respect, including Customer-submitted information, profiles, email addresses, usage reports, IP addresses, Customer traffic, and other Customer Content.
As a condition to your right to access the Website and to use the Services, you agree to these Terms, including agreeing to comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements and to provide accurate information to us and update it as necessary. You also agree to review our Privacy Policy, which may change from time to time as well as review and comply with notices sent by us concerning the Services.
You also agree to not act dishonestly, inappropriately or unprofessionally by posting inappropriate, inaccurate, or objectionable Content. Furthermore, you agree not to use software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other part of the Services. You will also not override any security component included in or underlying the Services.
Customer acknowledges that Customer is solely responsible for the post-formation maintenance, reporting, filings, and any other documentation required to maintain formation accuracy status and/or legal, tax or other required compliance with applicable federal, state or local government agencies or oversight commissions. Customer acknowledges that RCA may provide Customer with information regarding post-formation maintenance. RCA may provide updates, notifications and/or reminders to the postal address or email address or mobile telephone number provided by Customer or as a post or alert to Customer's online account (if applicable) solely as a courtesy and such does not create any liability on the part of RCA. RCA is not responsible for: (i) Customer’s action or inaction based on any information provided via email, facsimile, mobile phone text, phone conversation, website posting, alert, or any other form of transmission or communication; (ii) Customer’s failure or inability to receive or access the information; or (iii) RCA’s decision, in its sole discretion, to cease providing such information. RCA makes no representation or warranty as to the comprehensiveness or timeliness of the information. Customer acknowledges that it is Customer's sole responsibility to comply with all applicable state, local, federal, or international laws.
CUSTOMER UNDERSTANDS THAT THE RCA REVIEW OF ANY ANSWERS ARE LIMITED TO COMPLETENESS, SPELLING, AND FOR INTERNAL CONSISTENCY OF NAMES, ADDRESSES, AND THE LIKE. CUSTOMER WILL READ THE FINAL DOCUMENT(S) BEFORE SIGNING IT, WHERE APPLICABLE, AND AGREE TO BE SOLELY RESPONSIBLE FOR THE FINAL DOCUMENT(S).
CUSTOMER HEREBY AGREES THAT IN NO EVENT SHALL RCA BE LIABLE FOR ANY DAMAGE, LOSS, CLAIM, INJURY, OR LIABILITY RESULTING FROM YOUR USE OF THE WEBSITE OR ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR INFORMATION PROVIDED BY RCA (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES).
TO THE EXTENT PERMITTED BY LAW, NEITHER RCA NOR ANY OF RCA AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES, IF ANY, YOU PAID RCA DURING THE CALENDAR YEAR IN WHICH SUCH EVENT IS CLAIMED TO HAVE OCCURRED, OR USD $100, WHICHEVER AMOUNT IS GREATER.
NEITHER RCA NOR ANY OF RCA AFFILIATES SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, PROFIT, REVENUE OR DATA TO YOU, ANY ENTITY, OR ANY THIRD PERSON. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER (I) YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, (II) WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR (III) THE LIMITED REMEDIES PROVIDED IN THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.
Customer hereby waives, discharges, and releases RCA of any and all claims, losses, demands, or liability of any kind against RCA, its owners, partners, affiliates, representatives, employees, agents, licensors, suppliers, and any other third party providers, whether known, unknown, disclosed or undisclosed, arising out of or in any way connected with your use of the information or Services of RCA.
Customer also acknowledges and agrees that when third parties provide fulfillment services on RCA's behalf and such services have been appropriately charged to Customer, including auto-renew fees, such fulfillment services cannot be subject to any type of refund and/or discount after charges for those services have been applied to the Customer's account.
In the event of a dispute between you and RCA, please contact RCA customer service for resolution. Any controversy or claim arising out of or relating to the use of the Website, information provided on the Website, or via any other means of transmission from RCA, or advertisement for Services, or any dispute in connection with these Terms or provision of Services by RCA, or with respect to any other products, services, or materials provided by RCA, or Customer’s use of the information provided on the Website, shall be submitted for final and binding arbitration (or online dispute/arbitration resolution) to a single arbitrator, provided that: (1) the arbitrator has at least five (5) years of expertise in the field relevant to the nature of the dispute and; and (2) the arbitrator is not or has not been a contract agent or a former employee of either party. In the event the parties are unable to agree on a single arbitrator who meets the qualifications set forth above, then an arbitrator shall be appointed by and/or under the rules of the American Arbitration Association (“AAA”) within ten (10) days of the date on which a party seeks assistance from the AAA in selection of a neutral arbitrator. The arbitration shall be conducted in accordance with the Commercial Rules and procedures of the AAA, and shall take place in Miami, Florida or in a location otherwise mutually agreed upon by the parties or via an online forum pursuant to online dispute or arbitration resolution processes. The parties further agree that: (1) the arbitration shall not last more than three (3) days; (2) there shall be no discovery other than the exchange of information and materials provided to the arbitrator by each of the parties, for which there shall only be thirty (30) days to accomplish; (3) the arbitrator’s final decision shall be issued within ninety (90) days after the date of selection of the arbitrator or within such period as the parties may otherwise mutually agree; and (4) except as otherwise expressly stated in these Terms, the arbitrator shall have the authority only to award equitable relief and direct, actual damages, and shall not have the authority to award punitive or consequential damages (including, but not limited to lost profits, special, indirect, incidental, or compensatory damages). Notwithstanding anything to the contrary in these Terms, the arbitrator shall have the authority to award liquidated damages and legal fees and costs and any remedy provided in these Terms in favor of RCA in situations where a user of the Website has acted fraudulently or willfully (such as by registering a legal entity under a third party name without the third party’s consent), or where a Customer requests a chargeback without sufficient justification as determined by RCA at RCA’s sole discretion or after RCA has paid any third party or governmental entity any funds in connection with the order associated with the chargeback. Each party shall be responsible for an equal sharing of the fees, expenses and costs incurred by the arbitrator, and each party shall be responsible for their own costs and any fees of counsel they incur unless stated otherwise in these Terms. The decision of the arbitrator shall be final and binding and may not be appealed.
These Terms and any action related thereto are governed by the law of the State of Florida, and the federal law of the United States of America, without regard to, or application of any conflicts of law provisions or principles, and without regard of the location or nationality of a Customer. Any dispute between us or arising out of these Terms, the Privacy Policy, the Services, or their performance, shall be determined by one arbitrator in binding arbitration as specified above. The language of the arbitration shall be English.
To accommodate parties and witnesses that may be distant from each other, each hearing shall be conducted and all testimony shall be entered by audio conference or video conference. The award of the arbitrator shall be final and binding on the parties, and may be entered and enforced in any court or other tribunal of competent jurisdiction.
Should the arbitrator determine that the dispute is not arbitrable, Customer and RCA consent to the exclusive jurisdiction and venue of the state and federal courts located in Miami, Florida, U.S.A.
Nothwithstanding anything to the contrary in these Terms, RCA can, at its sole discretion, choose not to arbitrate a dispute and can choose to file suit in any state or federal court located in Miami, Florida. In such a case, Customer and RCA consent to the exclusive jurisdiction and venue of the state and federal courts located in Miami, Florida.
Severability. If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be illegal, void, or unenforceable, the provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the parties with respect to the provisions within the context of the overall Terms. If a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms will not be affected.
Entire Agreement. These Terms constitute the entire, complete and exclusive agreement between you and us regarding the Services, and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms. You acknowledge that you have had the opportunity to review these Terms and our Privacy Policy with counsel of your choice.
No Informal Waivers, Agreements or Representations. Any failure to act with respect to a breach of these Terms by one party does not waive the other party’s right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Terms, no representations, statements, consents, waivers or other acts or omissions by either party or its affiliates shall be deemed legally binding unless expressly and specifically documented in a writing that refers to the Terms and states expressly the intent to modify or supplement the Terms.
Assignment and Delegation. You may not assign or delegate any rights or obligations under the Terms without the prior written permission of RCA. Any purported assignment and delegation by you will be ineffective. We may freely assign or delegate some or all of our rights and obligations under the Terms and Privacy Policy, effective on sending a notice to you at the email address we have for you, or if we have no email address for you, by posting a notice of assignment on the Website.
BY YOUR CONTINUED USE OF THE WEBSITE, ITS SERVICES, APPLICATIONS OR PLUG-INS, YOU HEREBY CONFIRM THAT YOU HAVE READ AND FULLY AGREED WITH THIS TERMS AND SERVICES IN ITS ENTIRETY.
REGISTERED COMPANY AGENTS, LLC. HEREINAFTER, WILL BE REFERRED TO AS “RCA”
RCA may, at its sole discretion, refuse or cancel existing Services to any person or entity for any reason, including for misuse of RCA promotions. For example, if RCA were to offer a promotion (such as a promotion on state incorporation), such promotion can only be used once by a Customer and attempting to use such promotion more than once by the same Customer is misuse of RCA promotions. In such a case, RCA reserves the right to refuse service or cancel any orders in which a Customer is misusing an RCA promotion by attempting to use such promotion a second time or more. RCA is not responsible for any damage or loss that may result from RCA’s refusal or cancellation of Services for any reason.
An order is generally refundable until payment is forwarded to any government agency, such as a state or the U.S. federal government (typically within twenty-four hours after an order is placed), less a $35.00 cancellation fee and less any other expenses which have been paid or incurred in furtherance of an order, including payments to any state agencies or the Federal government or third party vendors. Once payment has been forwarded to any government agency or third party, RCA cannot accept any cancellations or any other changes to an order. To request an order cancellation prior to RCA making any payments to a government agency / entity or other third party, your order must be in Review status with RCA. And you must log into your dashboard to place your order on hold by submitting a “Make Changes” ticket, or from your order confirmation email, send a “Make Changes” request, and if the cancellation request meets RCA’s requirements as stated above, as determined by RCA at RCA’s sole discretion, then RCA will honor the cancellation request. Additionally, changes to an order cannot be accepted over the telephone or from a non-related RCA email.
We may terminate these Terms for any reason or no reason, at any time, with or without notice. Any termination by us shall be effective immediately or as may be specified in our notice.
We may restrict, suspend or block the access of any Customer who abuses or misuses the Services. Misuse includes, among other things, infringing any intellectual property rights, using any functionality, feature or capability of the Services to generate, support or transmit any form of spam, engaging in any behavior or activity that we asked you not to do, or any other behavior that we, in our sole discretion, deem contrary to the mission and purpose of RCA and the Services.
Upon termination, you may lose access to some or all of the Services. We may block access to the Services from an Internet Protocol (“IP”) address or range of IP addresses associated with those of terminated Customers. Upon termination, all licenses and other rights granted to you by us in these Terms will immediately cease, but any licenses you have granted to us will survive termination regardless of the reason for such termination. In addition, any fees invoiced to you prior to termination that have not been paid will continue to be due in accordance with these Terms, and no refunds shall be provided for payments previously made.
Customer hereby agrees to indemnify, defend and hold harmless RCA, its owners, partners, affiliates, representatives, employees, agents, licensors, suppliers, and any other third party providers, from and against all claims, losses, expenses, damages and costs, including but not limited to legal costs and fees, arising out of or in any way connected with Customer’s use of the information or Services of RCA. Customer hereby agrees to indemnify, defend and hold harmless RCA, its owners, representatives, and employees, from and against all claims, losses, expenses, damages and costs, including but not limited to legal costs and fees, arising out of or in any way connected to Services provided by an affiliate, partner, supplier, third party provider or vendor including but not limited to any act, omission, negligence, or error by such affiliate, partner, supplier, third party provider or vendor.
You agree to defend, indemnify and hold RCA and its partners, as well as any of our respective subsidiaries, affiliated companies, officers, employees, members, directors, or service providers (“RCA Affiliates”) harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following alleged activities: (i) your Content or your access to or use of the Services; (ii) any alleged breach of these Terms; (iii) any breach, infringement, misappropriation or violation of any third-party right including without limitation any intellectual property right, publicity right, confidentiality, property right or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, any regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. We ask that you cooperate as reasonably requested by RCA in the defense of any claim. RCA reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you. Customer will not in any event settle any claim against RCA or RCA Affiliates, without the prior written consent of RCA, which consent RCA may refuse in its sole discretion.
This Privacy Policy Statement applies to Registered Company Agents, LLC. And its website located at www.RegisteredCompanyAgents.com and www.RCAgents.com (herein “RCA”), governs all data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to RCA include www.RegisteredCompanyAgents.com and www.RCAgents.com. The RCA website is an ecommerce site, therefore, by using the website, you consent to the data collection practices described in this privacy policy statement.
RCA collects certain types of personally identifiable information, such as your name, address, mobile number. Content you submit to us might reveal your gender, ethnic origin, nationality, age, religion, sexual orientation, health information, or other Personal Data about you or others.
RCA collects certain types of personally identifiable information, such as your name, address, mobile number. Content you submit to us might reveal your gender, ethnic origin, nationality, age, religion, sexual orientation, health information, or other Personal Data about you or others. If you purchase RCA products and services, we collect billing and credit/debit card information. This information is used to complete the purchase transaction. We may gather additional personal or non-personal information in the future. You can also review RCA’s Terms
Information about your computer hardware and software may be automatically collected by RCA. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain security, quality of the service, and to provide general statistics regarding use of the RCA website.
RCA encourages you to review the privacy policy statements of websites you choose to link to from RCA so that you can understand how those websites collect, use and share your information. RCA is not responsible for the privacy statements or other content on websites outside of the RCA website.
RCA collects and uses your personal information to operate its website(s) and deliver the services you have requested.
RCA may also use your personally identifiable information to inform you of other products or services available from RCA and its affiliates. RCA may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
RCA does not sell, rent or lease its customer lists to third parties.
RCA may share data with trusted partners to help perform statistical analysis, send email or postal mail to you, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to RCA, and they are required to maintain the confidentiality of your information.
RCA will ONLY disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on RCA or the site; (b) protect and defend the rights or property of RCA; and, (c) act under exigent circumstances to protect the personal safety of users of RCA, or the public.
RCA secures your personal information from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
RCA does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from RCA by contacting us at 833-DIAL RCA or 833-342-5722.
RCA will occasionally update this Privacy Policy Statement to reflect company and customer feedback. RCA encourages you to periodically review this Statement to be informed of how RCA is protecting your information.
RCA welcomes your questions or comments regarding this Privacy Policy Statement. If you believe that RCA has not adhered to this Policy, please contact RCA at:
REGISTERED COMPANY AGENTS, LLC.
1400 NE MIAMI GARDENS DR. Suite 205A
NORTH MIAMI BEACH, Florida 33179
Toll Free Number: 833-342-5722
Registered Company Agents, LLC. is not an "accountant referral service", nor a "bookkeeping service", or tax repairers. And neither are we an "attorney referral service" nor a law firm.
The accountants, attorneys, and bookkeepers, with whom Registered Company Agents, LLC. work with, are independent service providers; who were preselected to be part of our E+n Partnership TM network.
Services provided by RCA may automatically renew to keep a Customer’s legal entity in compliance with state or other government requirements. A current and active credit/debit card on file will be charged by RCA for the annual renewal of the Registered Agent service. The current Registered Agent service annual renewal fee is available on the Website and the Customer Dashboard (see Website). Customer has the option to cancel the Registered Agent service at any time by assigning a new registered agent with state and notifying RCA of the change. If such notification is not provided to RCA by the expiration date of the existing Registered Agent service, RCA may automatically renew these Services. If RCA is unable to complete an auto-renewal due to payment failure, RCA may, at its sole discretion, cancel the Registered Agent service. Credit card information held for purposes of automatic renewal and subscription Services by RCA will not be used for any other purposes without Customer consent and permission. RCA implements reasonable safeguards to protect Customer data pursuant to the Privacy Policy. All prices are subject to change and RCA reserves to right to change all prices for Services advertised at any time without notice.
As a small business owner, you have to keep track of all spending, and knowing where, and on what you’re paying for, is essential to your business’ bottom-line. RCA is business services provider, and we’re entrepreneurs too, that is why, pricing transparency and straightforwardness is at the heart of our operations.
RCA prides itself on producing and providing quality products. All products are custom made following the customer’s instructions.
All kits, seals, certificates and stamps are factory-made and shipped by RegisteredCo Supplies, LLC.
Shipping is an additional fee, that is applied to all orders. Pricing is based on the shipping carrier’s rate and the weight of the package.
Prices are determined by the weight of packages, weighing up to 5 lbs. Packages weighing over 5 lbs. could significantly increase shipping cost. However, most of our kits are just around 5lbs.
All costs are based on shipping to a commercial address in the contiguous united states.
Should you see any physical damage on the package you have received, please sign for the package being damaged, to support your claim; we cannot go by words alone.
RCA cannot accept returns on the product, but we can offer replacements for the product that needs to be changed, at an additional cost.
We will promptly replace any product with supporting evidence of it being damaged or manufactured incorrectly by us.
Replacement product will be shipped to you, using the same shipping method as was the original purchase.
We provide general information related to trademarks and provide a website that allows you to prepare and file trademarks. We do not provide and cannot provide legal advice to you.
THIS AGREEMENT, BELOW, CONTAINS A BINDING ARBITRATION PROVISION GOVERNED BY THE FEDERAL ARBITRATION ACT AND A WAIVER OF CLASS ACTIONS.
Your permission to use this website is conditioned upon your agreement that you will comply with these Terms of Use:
To access certain parts of the Website, we may require you to create an account and/or profile. All such information provided by you shall be accurate and you agree to keep said information up to date. Anyone whose privilege to use the Website was previously terminated by us may not register for another profile or account, nor use another’s profile or account to use the site or create an account on your behalf.
Because sharing User IDs is prohibited we assume that access to the Website through your User ID is, in fact, you. You are solely responsible for any and all access to the Website by persons using your User ID. If you believe your User ID is being used without authorization, notify us immediately by submitting a Fraud Ticket within your dashboard.
To access certain parts of the Website, we may require you to create an account and/or profile. All such information provided by you shall be accurate and you agree to keep said information up to date. Anyone whose privilege to use the Website was previously terminated by us may not register for another profile or account, nor use another’s profile or account to use the site or create an account on your behalf.
We are not obligated in any way to remove any UGC that may violate one or more of these restrictions. We may, but are not obligated to, remove any UGC in violations of these terms, terminate user accounts or take other actions. We are not responsible for any harm to you caused by UGC.
We are not obligated in any way to remove any UGC that may violate one or more of these restrictions. We may, but are not obligated to, remove any UGC in violations of these terms, terminate user accounts or take other actions. We are not responsible for any harm to you caused by UGC.
We may have links to third-party websites that are not owned, controlled or operated by RCA. We do not assume any responsibility for the content, privacy policies, or practices of any other websites or their owners. We are not endorsing or recommending any other websites, products or services by simply including a third party website link or connecting through an API.
We reserve the right to alter or discontinue any of the services provided herein at any time without prior notice. We also reserve the right to terminate this Agreement at our election and for any reason, without prior notice.
This Agreement will automatically terminate if, in our sole discretion, you violate any of the terms and conditions set forth below. A termination will result in the immediate cessation of access to you Dashboard. The Disclaimers of Warranty and Limitation of Liability, Indemnity, Dispute Resolution sections and all terms and conditions related to your Content shall survive the termination of this Agreement.
RCA MarkTific relies upon government records and may display them on this website. While we try to use the most recent information available, we cannot guarantee its accuracy or timeliness.
As part of our services, we may offer notifications or reminders about certain deadlines that may apply to your trademark. These notifications are for informational purposes only and are the general standards applicable to most trademarks. Your particular situation may be different than the general guidelines and you should consider consulting with a licensed attorney regarding the applicable deadlines that apply to your specific situation.
We are a technology platform that helps create forms, however we are not a law firm or legal service provider, nor do we offer legal advice and the automated notifications are not legal advice or legal interpretations based on your specifics.
We are not a substitute for an attorney and we cannot provide you with any legal advice. Our customer service representatives cannot answer legal questions and because we do not have an attorney-client relationship, any communications with our customer service representatives are not privileged and you should not share confidential information with them. We can help you prepare your own trademark application, but we cannot file it for you as your counsel of record. We cannot provide you any legal advice related to your particular trademark.
We may, but are not obligated to, review the information you provide to us for completeness, inconsistencies or other administerial errors. 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. If you believe you have received any legal services or advice from us, you will not make your purchase. You acknowledge and understand that your purchase, download, and/or use of a form document is neither legal advice nor the practice of law. You further acknowledge and understand that that each form and any applicable instructions or guidance is not customized to your particular needs by us.
Should you purchase one or more packages that includes a cease and desist, assignment of trademark letters, or other forms, you will be entitled to a form document that includes the information provided by you or from your files.
PLEASE NOTE THAT WE RETAIN YOUR CREDIT CARD INFORMATION SO THAT WE MAY PAY THE GOVERNMENTAL FILING FEE ASSOCIATED WITH YOUR ORDER ONLY AFTER YOU APPROVE OR HAVE THE OPPORTUNITY TO APPROVE THE APPLICATION AND ARE MADE AWARE OF THE COST OF THE FILING FEE.
If you use our search services, we use commercially reasonable methods to identify marks that may be matches to the ones you seek to use. We, however, cannot guarantee that your mark will make it through and be approved even if you use our search services. There may be a number of reasons the USPTO rejects your mark and there are unforeseen circumstances where an automated search may not identify a mark that the USPTO identifies as a reason to reject your mark.
Similarly, when your order covers common law mark searches, we use commercially reasonable methods to identify marks that may be matched to the ones you seek to use. We, however, cannot guarantee that your mark will be free of or prevail to all claims or challenges made by holders of common law rights to all marks. There are circumstances where an automated search may not identify a common law mark that may be similar to your mark.
The purpose of the search report is to provide you with marks to satisfy the parameters identified for the type of search you use. It is not meant to be legal advice as to whether your proposed mark will be rejected or whether it would be considered similar to another mark. You may want to consult with an attorney regarding the results of the search report we furnish you.
Our MarkTific federal trademark search reviews the USPTO database and is limited to direct matches, phonetically similar, similar in terms of translation, or appearance by way of design.
Our MarkTific federal, state and common law search reviews the USPTO database, the databases of all 50 states, a business registry and the database of domain names. It is limited to direct matches, phonetically similar, similar in terms of translation, or appearance by way of design.
Our MarkTific global search reviews the USPTO database, the databases of all 50 states, a business registry, the database of domain names, the World Intellectual Property Organization (“WIPO”) database and the European Community database. It is limited to direct matches, phonetically similar, or appearance by way of design.
Our trademark monitoring service reviews the filing of new applications that are direct matches, phonetically similar, similar in terms of translation, or appearance by way of design to your marks as published in the Official Gazette of the USPTO and MarkTific.
If you signed up for one or more subscription services through the Website, these additional terms apply.
Your license to the Services is valid during the period your subscription remains in good standing and there are no outstanding subscription payments (hereinafter “Subscription Term”). To keep your Subscription Term valid and in force, you must pay all charges to your account relating to your subscriptions, including applicable taxes and fees. Unless otherwise provided, your Subscription Term is on an automatic renewal and you will be required to pay, through the credit card provided by you, for the next applicable Subscription Term at the beginning of the Subscription Term period. These charges are applied regardless of whether you continue to use the Services during the Subscription Term. YOU ARE RESPONSIBLE FOR SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED.
If your Subscription Term is month to month and your purchase date is on the 29th through 31st day of any month, your renewal date will fall on the last day of the month for any succeeding months with fewer days. Unless otherwise provided, the renewal period will be the same as the price you originally paid.
We may offer promotional trial memberships. Although the promotional trial membership may be advertised as free promotional memberships, you authorize us to charge your credit card $1 to confirm the source of the payment. AT THE END OF A TRIAL OR PROMOTIONAL MEMBERSHIP, UNLESS OTHERWISE STATED IN THE OFFER OR YOU CANCEL, YOUR SUBSCRIPTION WILL RENEW AUTOMATICALLY AND YOUR CREDIT CARD WILL BE CHARGED TO BEGIN YOUR INITIAL SUBSCRIPTION TERM. It is very important to understand that you will not receive a notice from us that your free trial has ended and that payment for your subscription is due.
We may discontinue offering subscriptions and will cease charging you accordingly. We may also terminate your Subscription in our sole discretion subject to your right to a pro-rated refund of fees.
At our sole discretion, we may increase subscription fees and/or terms with 30 days’ without notice to you. You may terminate your services before the increase in fees or renewal terms is put into effect. If you do not cancel, you will be charged the new rate at the time of the renewal of your Subscription Term the increased amount and/or your renewed Subscription Term will be the new applicable length.
If your payment on file is not approved on the date of the renewal of the Subscription Term, you will receive a notification, and be allowed a period of at least three (3) business days to provide updated payment information. If no updated information is provided after the three (3) business-day period, we may suspend your service and terminate the Subscription.
If you have made a charge to your credit card and it is declined, we may, but are not obligated to make up to five more attempts to bill the card over a thirty-day period. We also reserve the right to charge your card smaller amounts in more than one transaction not to exceed the amount of the due Subscription Term payment. In the event that you or we (through our payment service providers) update your payment method to remedy a change in validity or expiration date, we will automatically resume billing you for your subscription to the Services. We reserve the right not to reactive an account or subscription until all past due amounts are paid.
To cancel your subscription, contact us at via chat or at (833) Dial RCA. And we will follow-up by sending a cancellation email to you, so you may proceed with your cancellation. After you have cancelled, your subscription and account will remain active through the end of the then current Subscription Term. After termination, you may not have access to your account or the Services related to your subscription.
From time to time, we may offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Registered Company Agents, LLC provides the Website and the MarkTific related services "As is", and "As Available." We make no express and/or implied warranties or guarantees about the Website, the goods and services described thereon or the Advertisers. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND THE MERCHANTS WHO ADVERTISE WITH US DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES THAT THE WEBSITE AND SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY OR FIT FOR A PARTICULAR PURPOSE OR NEED. WE IN NO WAY GUARANTEE THAT WE WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, ACCURATE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE MAKE NO GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE OR CLAIM WITH US IS TO CEASE USE OF THE WEBSITE. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS WHO ADVERTISE HERE, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE WEBSITE IN ANY WAY. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, DAMAGE TO ANY OTHER EQUIPMENT, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS WHO ADVERTISE HERE, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
You agree to defend, indemnify and hold harmless us, our officers, directors, representatives, employees and agents and all of our parent companies, affiliates, related companies and their officers, directors, representatives, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from: (i) your violation of any term of these Terms of Service; (ii) your violation of any third party right, including without limitation any copyright, property, privacy right, or any and all intangible or intellectual property rights; or (iii) any claim that any of your UGC causes damage to a third party.
For the purposes of this Section, references to "RCA MarkTific," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, business partners, 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.
In this Agreement, Dispute is defined as “any dispute, claim or controversy between you and Registered Company Agents, LLC, its members, officers, directors, agents, parent companies and vendors that arises out of or relates to this Agreement or use of the Site or Service, or otherwise regarding any aspect of your relationship with RCA MarkTific, that has accrued or may thereafter accrue, whether based in contract, statute (including, but not limited to, any consumer protection statutes, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence or any other intentional tort), or any other legal or equitable theory.
The arbitrability of any Disputes is governed by the Federal Arbitration Act and not any state laws applicable to arbitrations. Regarding the substantive law of any Disputes, to the maximum extent authorized by law, the laws of the State of Florida govern the non-arbitration related interpretation of this Agreement and the substantive law of any Dispute, regardless of conflict of laws principles.
Arbitration. Any Dispute shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16).
ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE.
All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction. This arbitration provision shall survive: i) the termination of the Agreement; or ii) the bankruptcy of any party. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.
NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.
RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE E-MAILED TO SUPPORT@RCAGENTS.COM WITH THE SUBJECT LINE “OPT-OUT’ AND INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION.
Any arbitration will be conducted by the AAA under its Commercial Arbitration Rules. If the value of the dispute is $75,000 or less, its Supplementary Procedures for Consumer-Related Disputes will also apply. On disputes involving $75,000 or less, we will promptly reimburse your filing fees and pay the AAA's and arbitrator’s fees and expenses. You agree to commence arbitration only in your county of residence or in Miami-Dade County, Florida, US. We agree to commence arbitration only in your county of residence. You may request a telephonic or in-person hearing by following the AAA rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim. Nothing herein prohibits RCA MarkTific from asking the arbitrator to award RCA MarkTific all costs of the arbitration including any Administrative Fees paid on your behalf.
If the Dispute is not arbitrated by the choice of the parties or a court does not compel arbitration if either party elects to arbitrate for whatever reason, the Dispute will be decided by a court without any right by either party to a trial by jury. Any such court proceeding, including any efforts to compel arbitration or initially filed lawsuits that arises out of or relates to this Agreement or use of the Sites shall be decided exclusively by a court of competent jurisdiction located in the Miami-Dade County, Florida.
You may not access, download, use or export the Services in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required.
We, or people from whom we obtained a license, retain ownership of all intellectual property rights of any kind associated with the Website, including all applicable trademarks, copyrights and other proprietary rights such as trade secrets. Through the use of this Website pursuant to this Agreement, you have a limited right to use the Website, but in no way are we granting any license to you under any of those intellectual property rights. We reserve all rights that are not expressly granted to you in this Agreement. You may print limited numbers of one or more pages from the Website for your personal use.
We retain, to the maximum extent possible, all ownership, without limitation, of all the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein ("Marks") unless they are marks used by Merchants who have provided them to us for use on this Website. The Marks are owned or licensed to us, subject to copyright and other intellectual property rights under the law of the United States of America, the law of the jurisdiction where you reside, and international conventions. All content on the Website provided by us is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Website.
You retain any intellectual property rights in any copyrighted materials and trademarks that are contained in UGC that you post to the Website. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the UGC in any manner we choose.
If you believe we have infringed on your copyrights, please submit a notification pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)) in writing to DMCAnotice@rcagents.com or to the copyright agent on file with the U.S. Copyright Office with the Subject: “copyright notice.” Your notice needs to include: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We reserve the right at all times to discontinue or modify any of these terms and/or our Privacy Policy as we deem necessary or desirable. Such changes may include, among other things, the adding of certain fees or charges. We may, but are not necessarily obligated to notify you via email of any substantial changes, by sending you an e-mail to the e-mail address that is registered with your account and/or by posting notice of the change on the Website. Any changes to this Agreement will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on our Website. We suggest you, therefore, re-read this section of our Website from time to time to stay informed of any such changes. Use of the Website by you after such notice shall be deemed to constitute acceptance by you of such modifications.
By submitting an order, you acknowledge that you are authorizing us to list ourselves, along with you, as a recipient of correspondence from the USPTO related to your trademarks. You may change this at any time, but including us allows us to better serve you and by not including us, may prevent us from providing certain services such as monitoring and notifying.
RCA MarkTific strives to meet the trademark needs of our customers in a professional, courteous and proficient manner. We will assist each customer with any questions or concerns about their filings and billing.
Please note only RCA MarkTific fees are refundable; all government fees involved in your filing services are non-refundable. The USPTO may experience delays or deny your application without any fault of RCA MarkTific. These issues are out of our control and will not be the basis for a refund.
Once an order for a trademark search has been placed or conducted, payment will be made to the U.S. Patent and Trademark Office; RCA cannot accept any cancellations or any other changes to an order. To request an order cancellation, prior to RCA remitting any payments to a government entity or other third party, or prior to a search being conducted for a trademark filing, your order must still be in the Review status with RCA MarkTific; And you must log into your account dashboard and click/press the “Make Changes” button, or from your order confirmation email, and click on the “Make Changes” button. If the cancellation request meets RCA’s requirements as stated above, as determined by RCA at RCA’s sole discretion, then RCA will honor the cancellation. Instructions to cancel an order or any other changes to an order cannot be accepted by telephone or non-associate RCA standard email.
If we have made an error in your filing, we will do our best make the changes needed to correct such error as soon as we can at no additional cost to you.
However, if you decide that you want a refund, you must first contact RCA MarkTific Customer Support to find out about your trademark’s filing status; and all such requests must be submitted within 15 days of purchase.
Your refund will be issued in the same form that it was received. For example, if the payment to RCA MarkTific was made by credit card then the refund will be issued to the same credit card used to make the payment. However, if you choose, you may request to receive a credit for future RCA MarkTific purchases/payments instead of a refund.
RCA does not dispute legitimate chargebacks. If, however, an illegitimate or improper chargeback (e.g., a chargeback requested after payment has be remitted by RCA to the United States Patent and Trademark Office (USPTO), after a trademark search has been conducted and submitted; RCA reserves the right to take any actions RCA deems appropriate at RCA’s sole discretion. Such actions by RCA include, but are not limited to, canceling subscriptions or other Services for which payment was charged back or disputed by Customer. Customer shall be liable to RCA for all costs incurred by RCA. if payment was made to the U.S. Patent and Trademark Office for a trademark filing, Customer agrees to promptly abandon the trademark filing, at the request by RCA, or be liable to RCA for liquidated damages in the amount of five hundred U.S. dollars (US$1000) plus any and all costs incurred by RCA MarkTific to collect the liquidated damages, including court costs, arbitration costs, legal fees, and collection costs to the extent not prohibited by applicable law. RCA reserves the right to abandon any trademark which is fraudulently filed/registered by any person who uses a third party’s name without authorization from such third party to file, and any person who file/registered a trademark shall be liable to RCA for damages in the amount of ten thousand U.S. dollars (US$10,000) plus any and all costs incurred by RCA to collect the liquidated damages and abandonment of a trademark, including court costs, arbitration costs, legal fees, and collection costs to the extent not prohibited by applicable law.
RCA MarkTific understands the importance of privacy in our users’ lives. Learn more by visiting our Privacy Policy.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product and/or service at any time. Any offer for any product or service made on this site is void where prohibited.
The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid.
Clients and General Users can request assistance by calling our Support Center at (833) Dial RCA or by chatting with us, via our messaging app.
MarkTific is updated frequently with the latest trademarks from the United States Patent & Trademark Office (USPTO). There may be marks that were removed from MarkTific search results at the owner's request. Additionally, trademark search results does not reveal the availability of any trademark.
All applications requested through MarkTific are evaluated by an independent attorney for the availability of the trademark. A trademark is registrable if it satisfies the following conditions: (1) it is not confusingly similar to other marks, (2) it is not generic or descriptive, (3) it does not dilute a famous mark, and (4) if there are no unregistered, common law trademark holders that are using the desired trademark in commerce today.
