TERMS OF SERVICE

The terms and conditions set forth herein constitute the full and complete agreement between you and All Florida Business Solutions, which owns and operates this website (hereinafter, the “Website”) your agreement to be bound by these terms is accepted and acknowledged by either (a) your use of the All Florida Business Solutions Website or (b) the submission of any order for any service. The terms contained herein supercede and replace any other agreement or negotiation between you and All Florida Business Solutions whether oral, written or otherwise including any statements made by any representative of All Florida Business Solutions at any time.

Services Provided

All Florida Business Solutions is a document filing service for certain State, County, and City/Town Documents generally related to the formation of a new business such as DBA, LLC, Corporation. All Florida Business Solutions saves you time and headache by using the information you provide to file the necessary documents that you request on your behalf. You then spend the time that you would have spent researching, collecting, preparing and filing, doing what you do best which is running your business.

While we are experts at what we do, we are not lawyers and we do not provide legal advice, tax advice or any other professional advice of any kind. We provide generalized information to our customers and to the public about our services and the documents that we offer file. It is up to you to determine the particular documents applicable to your situation. For legal, financial or other advice, we urge you to contact the appropriate respective professionals. If you choose not to do so, you will be acting as your own Attorney, financial advisor or other such professional and agree not to rely upon any information contained in this Website or otherwise provided by All Florida Business Solutions in place or instead of any such advice.

We will file the documents that you request only. We will not file any documents that you do not specifically request. We will not check the accuracy of the information that you provide. We will use the exact information that you provide to complete the assignment that you request. Once our assignment is complete we will not provide any ongoing service after the initial filings are complete even where we may become aware of information which would identify the need for any additional documents. We will not perform for you or provide you with any information or reminders on additional filings that may apply to your situation such as for taxation, licensing, updates, or renewals. All such responsibilites are and will remain yours. You are responsible to ensure that the information provided to All Florida Business Solutions is accurate with respect to both detail, spelling and grammar and you represent to All Florida Business Solutions that your submissions are accurate and ready for use as submitted.

Your Authorization

Upon accepting this agreement you authorize All Florida Business Solutions to collect the information that you provide and to use such information to file the documents that you request. You understand and agree that All Florida Business Solutions may reformat or re-arrange the information that you provide as may be necessary for use in the specified forms prepared at your direction. You expressly agree that you have read that document and that you agree to accept the terms set forth therein as part of this agreement.

Upon submitting any request for services you agree that the information that you provide is true and correct and that you are not creating any of the documents requested for any illegal, improper or fraudulent purpose. You agree that you are authorized to prepare the documents that you are requesting and that no authority other than that granted by you is necessary to make the assignment of the services that you request. You agree to indemnify and hold harmless All Florida Business Solutions and its officers, directors, employees, agents, affiliates, parents, subsidiaries, and its business and service providers of and from any claims, actions, and demands of the party upon which you purport to act or of any third party alleging any lack of authority, error or damages of any kind including attorneys fees and costs in any way connected with your authority to request and complete any service requested.

Limited Money-back Guarantee

We are proud to offer our limited Money Back Guarantee. This offer is subject to the terms and conditions set forth herein depending upon the particular service requested. Essentially, as long as you cancel your order before our work is completed we will refund your money less a fee for services already rendered. The specific details of this guarantee are as follows for each service.

DBA Registration Service and LLC/Corporation Formation Servicewhere All Florida Business Solutions has begun processing the order but not yet completed document preparation, we will refund your total payment. Where All Florida Business Solutions has completed document preparation but has not yet submitted the filing we will refund your total payment less seventy five dollars ($75.00) document processing fee. Once we submit your filing to the appropriate government or county entity, there will be no refund granted, although, if we receive your request to stop the filing before we have submitted it to the appropriate government or county entity, the filing may still be cancelled at our discretion.

All Florida Business Solutions reserves the right to alter, change, amend or delete fees at its sole option. All Florida Business Solutions further reserves the right to institute new services and charge or change fees in association with the provision of such new and/or already existing services as it deems appropriate. All Florida Business Solutions reserves the right to offer subsequent promotional rates which may or may not be more favorable than the terms under which you entered this agreement. Any such periodic special rates shall not effect the then existing rights and responsibilities of each party.

Payment of Fees – All Florida Business Solutions accepts payment by credit card (Visa, MasterCard, Discover, American Express). In addition, All Florida Business Solutions may from time to time allow additional forms of payment however the offering of a particular form of payment does not obligate All Florida Business Solutions to continue to offer that form of payment in the future. The current list of payment options will be displayed during the order process.

Ownership of Intellectual Property; Confidentiality

It is understood and agreed that during the term of this agreement and thereafter you may come into possession of information which is the confidential and proprietary information of All Florida Business Solutions including but not limited to the All Florida Business Solutions customer service and maintenance tools. You acknowledge that all right and title to any such All Florida Business Solutions intellectual property shall remain the sole property of All Florida Business Solutions and that you have no right, title or interest therein. You further agree not to provide access to the All Florida Business Solutions services to any third party. You agree yourself and not to assist any third party in any way to use, translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the All Florida Business Solutions Services. Any and all right or title to any engineering, coding, programming or customer service work around or other modification of the All Florida Business Solutions service shall also remain the sole property or All Florida Business Solutions.

During the term of this agreement you may have access to certain information and materials relating to the All Florida Business Solutions business, customers, software technology and marketing which All Florida Business Solutions treats as confidential (hereinafter “Confidential Information”). You agree to at all times during the term of this agreement and otherwise as set forth herein: (i) hold in confidence, and not disclose or reveal to any person or entity, any “Confidential Information” without the express prior written consent of All Florida Business Solutions; and (ii) not use or disclose any of the “Confidential Information” for any purpose at any time, other than pursuant to your rights under this agreement for the purpose intended. These obligations shall continue indefinitely for as long as the Confidential Information is a trade secret under applicable law and shall continue for three (3) years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.

Information and Communications

Any information you submit will be made part of the public record. All information will be available on the Division of Corporation’s web site for public view. You hereby consent and agree that as to any information which All Florida Business Solutions may collect from you and/or maintain with respect to you, including but not limited to any information related to your order, your billing information, correspondence to or from All Florida Business Solutions concerning you or your account, or other information which in All Florida Business Solutions’ sole judgment is reasonable, All Florida Business Solutions may disclose such information to public or private third parties as applicable law may require or permit. The decision as to whether to disclose such information as may be required, permitted or otherwise reasonable shall be within the sole discretion of All Florida Business Solutions and may include but shall not be limited to (1) compliance with court order, subpoena or other request of any State or Federal government, (2) compliance with the Electronic Communications Decency Act, (3) compliance with the Digital Millennium Copyright Act (3) compliance with the Hermeris Terms of Service or other policies.

You agree to receive periodic emails from All Florida Business Solutions in regards to All Florida Business Solutions or partner products, services, your account, and system conditions, changes, updates and/or schedules. You agree to provide true and accurate account and billing information to All Florida Business Solutions specifically including your name, address, email address, telephone number, billing information and any other account information requested at any time during the ordering process.

All Florida Business Solutions has provided a secure means of online communication consistent with the industry standard. Where you choose to communicate with All Florida Business Solutions outside of this secure environment such as via email be advised that your communications are not necessarially secure. Such transmission, therefore, is at your own risk.

Warrantees and Limitations

All Florida Business Solutions makes every reasonable effort to maintain operation of the All Florida Business Solutions service however because as many events and circumstances are beyond the control of All Florida Business Solutions, All Florida Business Solutions does not in any way warrant or otherwise guarantee the availability of the All Florida Business Solutions system or servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of All Florida Business Solutions.

In general, All Florida Business Solutions has no control over information contained on the Internet. Information obtained by you from the Internet may be inaccurate, offensive or in some cases even illegal. All Florida Business Solutions accepts no responsibility for any information which you receive from the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you obtain from the Internet as well as the reputation of the individuals with whom you may deal. All Florida Business Solutions provides no warrantee for any goods or services which you obtain over the Internet nor the compatibility of any such services with the All Florida Business Solutions system.

You specifically hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing.

THE ALL FLORIDA BUSINESS SOLUTIONS SERVICE IS PROVIDED TO YOU ON AN “AS IS” BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT PAID BY YOU TO ALL FLORIDA BUSINESS SOLUTIONS FOR ANY SERVICES RELATED TO ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL All Florida Business Solutions BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.

Indemnity

You agree to fully defend and indemnify and hold harmless All Florida Business Solutions of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this agreement or your negligence whether active or passive or any negligence of All Florida Business Solutions in any way related to your use of the All Florida Business Solutions service or any portion thereof. You agree that you are in compliance with all applicable laws and regulations pertaining to or governing your use of this Site, and you agree to indemnify and hold All Florida Business Solutions harmless from and against any and all claims, damages, losses or obligations suffered or incurred by you arising from your failure to comply.

You agree to fully defend and indemnify and hold harmless All Florida Business Solutions of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of the All Florida Business Solutions services or any portion thereof. Choice of counsel remains exclusively that of All Florida Business Solutions.

Right of Refusal

All Florida Business Solutions, in its sole discretion, reserves the right to refuse to provide Services to you or any individual or entity. You agree that All Florida Business Solutions shall not be liable to you for loss or damages that may result from our refusal to provide Services.