Terms of Service

In this notice

This website is operated by Swyft Filings, LLC, a Delaware limited liability company. Throughout the site, the terms “we,” “us,” and “our” refer to Swyft Filings, LLC.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

THIS AGREEMENT, IN SECTION 18, CONTAINS A BINDING ARBITRATION PROVISION GOVERNED BY THE FEDERAL ARBITRATION ACT AND A WAIVER OF CLASS ACTIONS.

1 - WEBSITE TERMS

By agreeing to these Terms of Service, you represent that:

if you are entering this agreement on behalf of a third party, including any client or customer of your business, you have full power and authority to bind your client to these Terms;

all registration information you provide on your own or on behalf of others is true and accurate;

you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site. No one under the age of 13 may use this site.

You may not use our products or services for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright, export, and re-export laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided without express written permission by us.

Our Services include a web-based website that provides some general legal and tax information but whose primary purpose is to utilize automated software for document preparation and filing. While the Website includes general information about legal and tax matters, there is no professional relationship created between You, or Your customers, and us. The information is for general knowledge purposes and is not specifically tailored to provide any professional advice to a particular individual. Customers create their own documents using the automated services provided on this Website. Our Services may include a review for completeness, errors, and inconsistencies, but we do not review for legal sufficiency or to provide tax advice. We are not a law firm and do not provide either tax or legal advice.

3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only. It should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information or a licensed professional for any legal or tax advice. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products and services are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

5 - PRODUCTS OR SERVICES

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 at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.

We grant you a limited, personal, non-exclusive, non-transferable license to use our Services, which may include the use of certain forms that are created by you based on information provided to you and the use of our automated systems (the “Forms”) for your own personal, internal business use, or if you are an attorney or professional, for your client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use.

6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.

You agree to provide current, complete, and accurate purchase and account information for all purchases made on our website. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed. If we determine that you have not provided accurate information to us, we reserve the right but are not obligated to cancel the services to you or take whatever commercially reasonable and necessary steps to remedy any harm or wrongdoing caused by such inaccurate information.

7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, 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 Agent Services

Registered Agent Services ordered on the Website are provided by LegalCorp Solutions or another third-party provider. Any agreement to purchase the Registered Agent Services is between you and LegalCorp Solutions or another third-party provider. If you ask us to assist you with finding and engaging a registered agent provider, unless you specifically restrict us from doing so, we reserve the right to change providers as long as there is no additional cost to you.

We will collect the fees related to the Registered Agent Services on behalf of LegalCorp Solutions pursuant to your subscription arrangement with the information and credit card information you provide to us on the Website.

We provide LegalCorp Solutions with access to your information necessary to service as your registered agent. To ensure continued service of the purchased Registered Agent Services, you should keep your credit card and other information current. Unless you opt out of the Registered Agent Services, we will continue to collect the fees for Registered Agent Services for pursuant to the terms of your subscription.

In addition to any fees for registered agent services at the time of signup, we collect the renewal rate applicable at the time of the renewal. LegalCorp Solutions reserves the right to increase its service fees at any time without notice to you.

You may notify us to cancel your Registered Agent Services with LegalCorp Solutions at any time. To do so, LegalCorp Solutions may require proof that a new registered agent has been designated with the appropriate state agency. If proof of a substitute registered agent is not received by the renewal date, LegalCorp Solutions may charge you the full fee for the renewal term. If you cancel the service prior to the expiration of the term, you are not entitled to a pro-rata refund from LegalCorp Solutions.

If you make or authorize less than the full fee, any accepted payment by LegalCorp Solutions will be considered an incomplete order until full payment is made by you. LegalCorp Solutions reserves the right, in its sole discretion, to reduce your service term. Any accepted partial payments may be subject to additional installment payment processing fees.

If full payment is not timely received by us on behalf of LegalCorp Solutions for the initial order or for any renewal, LegalCorp Solutions reserves the right, in its discretion, to terminate your Registered Agent Services. LegalCorp Solutions may also, in its sole discretion, continue to serve as your registered agent and continue to invoice you for its fees along with any applicable late payment fees or charges. You are fully responsible for any and all consequences related to the termination of Registered Agent Services by LegalCorp Solutions. LegalCorp Solutions, Swyft Filings, and its parent, subsidiaries, directors, officers, employees, affiliates, successors, assigns, agents or representatives are NOT liable or responsible for any damage or inconvenience caused or alleged to be caused by termination.

While certain Services may control where and to whom certain notices are sent, any notices from the registered agent will go to the company for whom the registered agent serves in addition to any addition people included on the order.

The address for the registered agent is for use by the registered agent and IS NOT TO BE USED AS YOUR BUSINESS ADDRESS.

Initial and Annual Reports

You may authorize us to file your Initial or Annual Report. By requesting us to file the report on your behalf, you are representing that you are in good standing in your state. If you cancel your initial or annual report order after we have received payment but before we have made any attempt to file your Initial or Annual Report, we will issue you a full refund. If we are unable to file your Initial or Annual Report for any reason, outside of any error or mistake on our part, we will refund the total or amount less a $30 processing fee.

While we may offer you the opportunity to work with third parties on such matters, we do not provide tax advice, accounting services, or federal or state income tax return filing services. The service we provide is limited to the filing of the annual report or statement only and does not include any advice or services related to your tax obligations.

Physical address and virtual mail services

Physical address and virtual mail services made available or ordered through the Website are provided by Snapmailbox.com, LLC or another third-party provider. Any agreement to purchase such services is between you and SnapMailbox.com or another third-party provider, which includes their Terms of Service. If you ask us to assist you with using a physical address or virtual mail service, we will forward your information to Snapmailbox.com, including providing them access to your credit card information for payment to them. We are not responsible or liable for any conduct of Snapmailbox.com, LLC, or your use of their addresses or virtual mail services.

IRS Tax Advice Disclosure

Internal Revenue Service (IRS) Circular 260 Tax Advice Disclosure. To ensure compliance with requirements imposed by the IRS under Circular 260, we inform you that any U.S. federal tax advice contained in any communication from us is and was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing, or recommending to another party any matters addressed therein.

Logo Design Services

Logo design services may be offered on the Website. Once you make the required payment and provide us with the specifications for your logo, our designers create a unique, original logo in accordance with your instructions and the package you purchased. After completing the initial design(s) of your logo, we will provide you with potential logos (the “Initial Design Samples”). At this point, you may accept an Initial Design Sample, request revisions, or request a refund. There is no additional fee for revisions, provided the requested revisions does not conflict with your original logo specifications. The number of revisions you may request is dependent upon the design package you purchased. After accepting a design as your final logo, whether acceptance was made after receiving the Initial Design Sample or after requesting revisions, we will send you the completed logo (the “Final Distribution”).

After the Final Distribution, you gain the ownership of the final logo. We only retain the right to use the final logo, or any logo created in the process, within printed and online portfolios, including promotional materials such as newsletters and advertisements. You understand that after receiving the logo via the Final Distribution, you will still need to register the logo with the appropriate governmental agency to gain full intellectual property rights to your logo. An incomplete transaction results in Trademark Engine retaining all intellectual property rights of the designed logo.

If a refund request for the logo services is submitted before receiving your Initial Design Samples, you may be eligible for a 100% refund. If a refund request is submitted within 72 hours of receipt of the Initial Design Samples and before you request any changes, you may be eligible for a refund. You are ineligible for a refund after you request revisions to an Initial Design Sample. You are ineligible for a refund if the request is submitted after 72 hours of the receipt of the Initial Design Samples. You are ineligible for a refund if your order is terminated due to a breach of these Terms of Service or any of the policies herein referenced.

Regardless of the language used elsewhere in this Section, we reserve the right to impose a design fee on logo design services refunds. Regardless of the language used elsewhere in this Section, we also reserve the right to approve or deny a refund request on a case-by-case basis. If the design you receive is defective or not the same as shown at the time of purchasing, and the defect is not a delivery error, then you will be entitled to a refund. Whether a logo is defective is at our sole discretion.

IRS Tax Advice Disclosure

8 - THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are separate from us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

Please note that we may receive compensation when you click on our partner links and make purchases.

9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

10 - PERSONAL INFORMATION

Your submission of personal information through the website is governed by our Privacy Policy. To view our Privacy Policy, click here.

11 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time, we may remove the Service for indefinite periods of time or cancel the Service at any time without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Swyft Filings, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Swyft Filings, LLC and our parent, subsidiaries, affiliates, partners, members, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third party.

15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.

16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our site.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Certain provisions herein intended to survive the termination of this Agreement shall remain enforceable notwithstanding any termination. These provisions include but are not limited to, Sections 8, 9, 13, and 18.

17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

18 - GOVERNING LAW AND DISPUTE RESOLUTION

For the purposes of this Section, references to “Swyft Filings,” “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.

The arbitrability of any Disputes (as defined below) 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 Texas 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 MAILED TO SWYFT FILINGS, LLC, 3 GREENWAY PLAZA, SUITE 1320, HOUSTON, TEXAS 77046, ATTN: LEGAL OPT-OUT, AND MUST 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 Harris County, Texas, 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 Swyft Filings, LLC from asking the arbitrator to award Swyft Filings 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 arise out of or relate to this Agreement or use of the Sites, shall be decided exclusively by a court of competent jurisdiction located in Houston, Harris County, Texas.

Dispute is defined as “Any dispute, claim or controversy between you and Swyft Filings, its members, officers, directors, agents, parent companies and affiliated companies 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 Swyft Filings that has accrued or may thereafter accrue, whether based in contract, statute (including, but not limited to, any consumer protection statutes, regulation or ordinance), tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence or any other intentional tort), or any other legal or equitable theory.

19 - EXPORT CONTROL

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.

20 - STATE FEES

State filing fees include all fees (state, county, courier, etc.) incurred by Swyft Filings in the processing of your order. Such fees are not revenues of Swyft Filings, and you acknowledge that we are paying those fees to the proper agencies on your behalf. Payments we make on your behalf to any state agencies are not refundable.

21 - AUTHORIZATION

You acknowledge that by submitting an order to Swyft Filings, either via web or phone, that you are allowing us to sign paperwork, electronically or otherwise, on your behalf as an authorized representative.

22 - REFUND POLICY

We want you to be 100% satisfied with our service. If you feel there was a problem with the service you received, please contact us at [email protected] or 1-877-777-0450. A customer service representative will be happy to get the issue resolved for you. If there was a filing error made by Swyft Filings, we will correct it for you as quickly as possible at no additional cost. If you decide that you want a refund, all such requests must be submitted within 60 days of purchase. If we are unable to file your order for any reason, outside of any error or mistake on our part, we reserve the right to keep a processing fee.

Your refund will be issued in the same form that it was received. For example, if the payment to Swyft Filings 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 Swyft Filings purchases/payments instead of a refund. Please note that all state fees, third-party fees, and all shipping costs are non-refundable.

23 - SWYFT LEGAL CONTRACT

This legal plan contract (the “Agreement”) is by and between you (the “Principal Member”) and Swyft Legal for the Legal Plan services described below. The terms of this Agreement become effective on the date you purchase Legal Plan services or accept a free trial of such services (the “Effective Date”). Throughout the Agreement, the terms “we,” “us,” and “our” refer to Swyft Legal.

When you enroll in a Legal Plan, you agree to the terms and conditions of this Agreement. If you enroll in a promotional free trial, the Effective Date will take effect at the beginning of the free trial, and you will accept terms regarding payment upon confirmation and enrollment in a full membership plan. The Swyft Legal Terms of Service and Privacy Policy are fully incorporated into this Agreement as if set forth fully herein.

WE ARE NOT LAWYERS, A LAW FIRM, OR A LAWYER REFERRAL SERVICE. WE DO NOT PROVIDE LEGAL ADVICE. SIGNING UP FOR LEGAL PLAN SERVICES IS NOT A SUBSTITUTION FOR PROFESSIONAL INDEPENDENT LEGAL ADVICE MADE AVAILABLE BY THE LEGAL SERVICE PROVIDERS WHO PARTICIPATE IN THE PLANS.

Definitions.

Eligible Plan Participant. Any of the following are an “Eligible Plan Participant”:
- A business designated by the Principal Member;
- The Principal Member’s spouse or domestic partner, if they have received permission from the Principal Member to use the Legal Plan;
- Dependents of the Principal Member aged 26 or below, if they have received permission from the Principal Member to use the Legal Plan; and
- Dependents of the Principal Member of any age who have a disability of any kind that prevents them from gainful employment, who are living in the Principal Member’s primary residence, and who have received permission from the Principal Member to use the Legal Plan.
Legal Diagnostic. A “Legal Diagnostic” is an evaluation of the Principal Member’s current and potential legal needs, as determined at the point of time that the evaluation occurs.
Legal Occurrence. A “Legal Occurrence” is a singular event or transaction that gives rise to one or more legal matters.
Legal Plan. A “Legal Plan” is a subscription service that gives Plan Members access to specified benefits from Participating Legal Service Providers.
Participating Legal Service Provider. A “Participating Legal Service Provider” is an attorney, law firm, or other legal service provider, such as a patent agent, that has entered into an agreement with us to provide legal services to Plan Members.
Plan Member. A “Plan Member” is the Principal Member or an Eligible Plan Participant.

2. Eligibility. In our sole discretion, we reserve the right to refuse or accept your membership in our Legal Plan. Your Legal Plan is not assignable to any other persons or entities other than Eligible Plan Participants. The terms and conditions set out in this Agreement will also apply to any Eligible Plan Participants that use the Legal Plan.

3. Legal Plan Benefits. Your Legal Plan services include the following benefits (herein incorporated to the use of Legal Plans hereinafter):

Telephone consultations not to exceed thirty minutes in the aggregate for each new Legal Occurrence.
Up to one hour of legal research following the telephone consultation on each new Legal Occurrence.
If appropriate, a letter not to exceed three pages for each Legal Occurrence.
Review of legal documents of up to ten (pages) related to a single Legal Occurrence followed by a telephone consultation not to exceed thirty (30) minutes related to the reviewed legal documents with a written summary of the consultation.
If requested by the Principal Member, the Principal Member is entitled to an annual Legal Diagnostic. The Legal Diagnostic allows for a checkup for the Principal Member of the legal needs. It will include a telephone consultation of up to one hour to discuss the Principal Member’s changed circumstances. The Legal Diagnostic will include a written follow-up. The first Legal Diagnostic is available after being a member in a Legal Plan for at least six months.

4. Provision of Legal Plan Benefits. Participating Legal Service Provider rendering these services will further explain the limitations as they apply to your matters and obtain your specific consent to their limitations. If additional representation is needed for a matter and agreed to by the Plan Member for any matters or service not included in the Legal Plan benefits set out above, then the Participating Legal Service Provider will provide additional representation at a 25 percent discount from their normal rates. We are not obligated in any way to pay any attorneys’ fees on your behalf for any services outside of the benefits provided by the Legal Plan.

You are free to hire your own legal representatives outside of the Legal Plan at your own expense and at rates you negotiate with that legal service provider, lawyer, or firm. Should you choose to do so, we are under no obligation to pay for any such services or secure any discounts on your behalf.

You acknowledge and agree that we do not provide any legal services or legal advice and do not employ or engage any of the Participating Legal Service Providers who provide services to you. All Participating Legal Service Providers available to you through the Legal Plan are independent lawyers, law firms, and legal service providers who have agreed to provide services directly to you. Any and all engagement agreements between you and the Participating Legal Service Providers are separate from us and independent agreements. To the extent any such Participating Legal Service Providers are mentioned or referenced on our website or on our communications to you, their contact information is provided as their advertising. These Participating Legal Service Providers have agreed to provide the services covered by the Legal Plans without charge to you other than the costs of the Legal Plans in the areas of law of which they are qualified in the jurisdictions where they are admitted to practice. The Participating Legal Service Providers will have to conduct a conflicts-of-interest check to make sure that your legal interests do not conflict with their other past or present clients before they agree to represent you. Because of conflicts or other ethical and professional concerns, a Participating Legal Service Provider may have to decline providing you with a consultation or an engagement. In the event a specific Participating Legal Service Provider is not able to represent you, you may select another Participating Legal Service Provider from those participating in the Legal Plan.

We will not and do not select any lawyer, law firm, or legal service provider on your behalf. We do not warrant or make any guarantees regarding the quality of their advice or representation. We do not interfere or participate in any way with the professional judgments of the Participating Legal Service Provider who you have selected to provide you with consultations or legal services either within or outside of the scope of the benefits provided by the Legal Plan. The inclusion of any lawyers or any law firms on our website is not a recommendation, endorsement, or sponsorship of any particular lawyer, legal service provider, or law firm.

Additionally, we are not a Prepaid Legal Services Program as defined by Prepaid Legal Services Act, Texas Occupation Code, Title 5, Subtitle B, Chapter 951.

5. Additional Benefits. Depending on the services you select when you sign up for your Legal Plan, you may be entitled to additional “Non-Legal” benefits provided by us or through strategic partnerships we have with third-party providers. These additional benefits, outlined in your specific plan and listed in your account, may include the following:

The filing of one copyright per month with the filing fees charged separately
The filing of one trademark per year with the filing fees charged separately
The use of a legal and business form builder to create your own legal and business forms
One business filing such as a corporate formation, d/b/a filing, or foreign qualification per year with the filing fees charged separately

Your use of any such additional benefits is governed by the Subscription Terms contained in our Terms of Service.

6. Exclusions from the Legal Plans. You acknowledge and agree that the following are specifically and expressly excluded from the Legal Plans and are not included in any benefits to which you are entitled:

Any Legal Occurrence that concerns in any way, directly or indirectly, Swyft Legal, its officers, directors, employees, agents, representatives, or affiliates.
Any Legal Occurrence or requested course of action that the selected Participating Legal Service Provider decides, in its sole discretion, is frivolous, brought in bad faith, would constitute harassment, or objectively lacks merit in law or fact.
Unless otherwise agreed to by you and the Participating Legal Service Provider you select to provide you with services under the Legal Plan, any Legal Occurrence that involves laws or jurisdiction outside of the United States.
Unless otherwise agreed to by you and the Participating Legal Service Provider you select to provide you with services under this Legal Plan, any Legal Occurrence that involves an appeal beyond the trial court for any proceeding.
Any Legal Occurrence adverse to, in any way, the providing of services to you by any Participating Legal Service Provider by and through the Legal Plan or any engagements that arose out of any services provided to you by any Participating Legal Service Provider as a result of the Legal Plan. This does not mean that a conflict will arise simply because another Participating Legal Service Provider that has agreed to provide services is representing another client adverse to you. This provision shall not be deemed to limit the liability of a Participating Legal Service Provider to you, but only that you may not use the Legal Plan services to pursue that liability.
Any Legal Occurrence that is adverse to, or involves in any way, a claim by a Plan Member against any other Plan Member that is under the same membership plan.
Unless otherwise agreed to by you and the Participating Legal Service Provider you select to provide you with services under this Legal Plan, any Legal Occurrence that relates to facts or a transaction that occurred prior to the Effective Date or enrollment of the plan.
Any and all accounting, business, tax, or other professional advice.
Any additional benefits listed in section 5 that you do have not opted-in to receive.

7. Your Authority to Enter this Binding Agreement. You represent and acknowledge that you have the legal authority and capacity to enter into this Agreement regardless of whether you are entering into this Agreement on behalf of yourself individually or on behalf of a legal entity. Otherwise, you may not sign up for a Legal Plan. You acknowledge that we are reasonably relying upon your representation and any other action that indicates that you have the necessary authority to enter into this Agreement.

8. Payment Terms. You agree to pay the charges as set forth at checkout at the time of checkout for your initial purchase, which may include subscriptions and varying costs depending on the length of the initial purchase. Even if you paid for a longer period than the initial period, you agree to be liable for each renewal due immediately and in full for the next renewal period. Your account will be renewed pursuant to the terms of your initial purchase, unless changed, regardless of whether you access the site or avail yourself of the benefits of the Legal Plans during your initial subscription period. We may, but are not obligated to provide you notice by email or otherwise of a renewal of your subscription. YOUR MEMBERSHIP WILL BE RENEWED UNLESS CANCELED BY YOU OR OTHERWISE TERMINATED PRIOR TO THE RENEWAL DATE.

You agree to let us charge the credit card you provide us with the initial purchase for any applicable renewal charges. If you do not cancel, your credit card will be charged on the billing date applicable to your account. If your purchase date is on a day of the month longer than days in the current billed month, you will be billed on the last day of the shorter month. The renewal charge will be the same as the initial purchase price of the Legal Plan unless otherwise modified by us.

Although you may have access to promotional discounts or discounts, the rates for the Legal Plans are $30 per month.

If you order a promotional free trial membership, you are subject to this Agreement. At the expiration of the trial membership, you will be enrolled in a paid Legal Plan, which will renew automatically, charging the credit card you provided to us UNLESS CANCELED PRIOR TO THE END OF THE TRIAL MEMBERSHIP.

To the extent there are any fees owed for legal services to the Participating Legal Service Providers rendering services to you not covered by the Legal Plans, you will pay those directly to the Participating Legal Service Provider. These Participating Legal Service Providers are not our employees or agents and have no financial obligations to us. We can not obtain any refunds or assist with any fee disputes you have with any Participating Legal Service Providers you select and retain for additional services through a Legal Plan.

9. Adjustment of Payment Terms. We reserve the right to change the price of any renewal terms. You will be provided at least thirty (30) days notice of any changes to subscription terms. If you do not cancel your service during the advance notice period, you shall be deemed to have accepted the adjusted payment terms on any subsequent subscription terms. You acknowledge and understand that any such notice will be provided to the email you provide us when you set up your account and that notice by email of any adjustments is reasonable and adequate.

10. Termination by Us. We can terminate or cancel your account for any of the following reasons:

Missed payments due on the billing date that is not corrected within 31 days.
Any chargebacks, rejection of payment by your credit card, or any other reason that payment is not cleared by the credit card company. Notwithstanding any termination or cancellation, we reserve the right to make up to five attempts to make up for any past due amounts through the credit card provided or any updates thereto automatically provided by the credit card company.
Any unauthorized use of the Legal Plan service or abuse of the Legal Plan, our employees, agents, or the Participating Legal Service Providers.

11. Cancellation. You can cancel your account for any of the following reasons:

You will have ten days after this document is placed in your account to review and examine this Agreement. If you cancel during this ten-day period and have not used any of the services, this Agreement will be void from the beginning as if we never entered into any agreement, and we will refund any amounts you have paid.
You can cancel your Legal Plan at any time by contacting us at [email protected]. After a cancellation by you, your Legal Plan will remain active until expiration of the period when the cancellation was made.
See also Section 15. “Implementation and Use of the Plans” below.

12. Post-Termination. After termination of your Legal Plan by you or us, you and your Eligible Plan Participants will not have access to your Legal Plan benefits. Any termination or cancellation of your Legal Plan will have no effect on any agreement you or your Eligible Plan Participants have made with a Participating Legal Service Provider.

13. Reactivation. You can reactivate an account by making up any past due amounts unless we terminate your account because of unauthorized use of the Legal Plan services or other abuse of the Legal Plan, our employees, agents, or Participating Legal Service Providers. Your new billing date will be the date you reactivate your account and pay all past-due accounts.

14. The Legal Plan is NOT Insurance. The Legal Plans we offer are not contracts of insurance or indemnification insurance plan. Our Legal Plans are not regulated as if they were insurance products of any kind. We are not an insurance company and do not guarantee legal coverage for every situation. Our Legal Plans give Plan Members access to free and discounted legal services from unaffiliated Participating Legal Service Providers who have agreed to provide services to Plan Members subject to the terms stated herein. We do not make any payments to Participating Legal Service Providers for any attorney fees, expenses, or other reasons.

15. Implementation and Use of the Plans. We reserve, and you acknowledge, we have the right to establish the general practices and limits regarding the use and implementation of the Legal Plans, including, but not limited to, the number of free consultations Plan Members may receive in a time period related to each Legal Occurrence. Should we make any changes that diminish these services, you are entitled to terminate your plan and receive a pro-rated return of any amounts applicable to the then-applicable period.

16. IRS Circular 230 Tax Advice Disclosure. In compliance with IRS Circular 230, please note that any U.S. federal tax advice contained in any communication from us (including information provided by a Firm or an attorney offering a free consultation) is and was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing, or recommending to another party any matters addressed therein.

17. Translations. Any translations from English of these terms are provided for convenience only. If there is any conflict between the translation and this English version, this English version controls.

18. Notice to Texas Residents. Our Legal Plans are provided and administered by Smart Books, LLC, d/b/a Swyft Legal, 1221 College Park Dr., Suite 116, Dover, DE 19904.

19. Governing Law and Dispute Resolution. For the purposes of this Section, references to “you,” “your,” “we,” “us,” or “our” 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 this Agreement or any prior agreements between us.

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).

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 MAILED TO ARBITRATION OPT-OUT, 3 GREENWAY PLAZA, SUITE 1320, HOUSTON, TEXAS 77046 ATTN: LEGAL OPT-OUT AND MUST 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 Harris County, Texas, 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 us from asking the arbitrator to award 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 Houston, Harris County, Texas.

Dispute is defined as “Any dispute, claim or controversy between you and us, our members, officers, directors, agents, parent companies and affiliated companies 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 us that has accrued or may thereafter accrue, whether based in contract, statute (including, but not limited to, any consumer protection statutes, regulation or ordinance), tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence or any other intentional tort), or any other legal or equitable theory.

A Plan Member has the right to file a complaint with his or her state’s lawyer disciplinary authority concerning the conduct of an affiliated attorney under the Legal Plan and pursue whatever claims against an attorney as allowed by law, notwithstanding the terms herein.

20. Entire Agreement. This Agreement and any agreements referenced herein constitutes the entire agreement and understanding between you and us and govern your use of the Legal Plan, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Legal Plan Contract).

24 - SWYFT FILINGS SMS TERMS OF SERVICE

SMS and Text Message Programs

We may offer some SMS/MMS text-based programs at our discretion.

Overview

We provide you with high-availability SMS communications that target our customer base.

Our employees send SMS messages to users through our dedicated SMS short code to notify users of upcoming product launches, service and maintenance events, updates on users’ filing process, and customer service updates.

All SMS communications are on an opt-in basis.

Opt-In and Opt-Out Policy for SMS Communications

You can opt in to our SMS communications by texting YES to (346) 646-0409. Message and data rates may apply, and message frequency will vary per user.

You can text “STOP” to cancel SMS communications. Service can be canceled at any time. Once we receive the message “STOP,” you’ll receive confirmation that you’ve been unsubscribed. After this, you will no longer receive SMS messages from Swyft Filings.

You can also email [email protected] or call our Support Center at (877) 777-0450 to opt out of receiving SMS communications.

Consent to receive text messages from us is not a requirement for purchase of goods or services. We may send texts via an automatic telephone dialing system.

Help

You can ask for help from us by texting “HELP” to (346) 646-0409, emailing [email protected], or calling our Support Center at (877) 777-0450. We will respond with instructions on how to use the service and how to unsubscribe from SMS communications. We will respond with instructions on how to use the service and how to unsubscribe from SMS communications.

Compatible Carriers

Compatible carriers may include, but are not limited to:

AT&T

Verizon Wireless

Sprint

T-Mobile

U.S. Cellular

Boost Mobile

MetroPCS

Virgin Mobile

Cricket

Neither Swyft Filings nor T-Mobile is liable for delayed or undelivered messages.

Privacy Policy

We understand the importance of privacy in our users’ lives. Learn more by visiting our Privacy Policy page.

25 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

26 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected].

Any questions?We’re available Monday through Friday from 9am - 6pm CST

Call Us(877) 777-0450