Terms of Service and Use

Last updated: 2024-4-29

PLEASE READ THIS TERMS OF USE AND SERVICE AGREEMENT BEFORE USING THIS SITE.

Background

In the context of this agreement, the terms "we", "us", and "our" refer to Fincen Alliance. All services facilitated or accessible through the "Website" or "this Website", including Software as a Service, are collectively referred to as "Services". The terms "you" and "your" apply to you, the individual user, and as the representative and agent for any entity for which you procure Services. "Order" or "Ordering" entails acquiring or soliciting any service from Fincen Alliance or its affiliates via phone, our website, email, or paper application. "Purchase" refers to the act of paying for any services provided by Fincen Alliance or its affiliates. The "User Account" comprises a username, password, and associated user information, with Fincen Alliance maintaining ownership and all related rights. The Terms of Use and Service Agreement, also known as the "Agreement", refer to Fincen Alliance’s Terms of Use and Service Agreement.

By engaging with the Website (www.Fincenalliance.com) or procuring any Services, you confirm that you are: (a) at least eighteen (18) years old, (b) legally capable and authorized to enter into a binding contract on your behalf and any relevant entity, (c) acknowledging that Fincen Alliance does not provide legal, tax, or financial advice, (d) agreeing to be contacted via the provided phone number, address, and email address, even if listed on any Federal or State "do not call" or contact list, and (e) consenting to be legally bound by this Terms of Use and Service Agreement. If you object to any terms or conditions of this Agreement, please exit the Website, refrain from using its information, and abstain from using any Services.

This Agreement delineates your rights and remedies in case of a dispute with us, hence it should be carefully reviewed. Fincen Alliance reserves the exclusive right to modify the Terms of Use and Service Agreement under which the Website and Services are provided. The latest version supersedes all prior versions, and users are encouraged to periodically review it. By accessing the Website, you agree to be bound by the latest version of these Terms of Use.

Privacy

Your use of the Website is subject to Fincen Alliance’s Privacy Policy, governing data collection practices.

Electronic Communications

Visiting the Website or sending emails to Fincen Alliance constitutes electronic communications, and you consent to receive them. All electronic communications provided satisfy legal requirements.

User Account

You are responsible for maintaining the confidentiality of your User Account and agree to accept responsibility for all activities conducted under it. User Accounts cannot be transferred, and Fincen Alliance is not liable for unauthorized access resulting from negligence on your part.

Services and Our Relationship with You:


We offer organizational and compliance Services for profit and nonprofit organizations, without providing legal, tax, or financial advice. Fincen Alliance is not affiliated with any government agency, and our Services commence upon payment clearance. Nothing on the Website constitutes professional advice, and no client-professional relationship is established through this Agreement. For specific legal, tax, or financial advice, it's recommended to consult appropriate professionals before ordering any Services.


We gather information about you and your business through various channels, including online submission forms, questionnaires, Information Request Forms, and email exchanges with Fincen Alliance personnel. These methods, along with any document forms drafted by us or on our behalf by third parties, which we provide to you for use or use on your behalf in providing Services, are collectively termed as "Forms and/or Applications."


By entering into this Agreement, you authorize us to: (a) utilize, distribute, reproduce, modify, publish, and translate the information you provide us (whether personal or otherwise) as necessary to deliver the Services you order, (b) employ your electronic signature to submit filings to government agencies and other authorities on your behalf, and (c) communicate with government agencies and other authorities regarding filings made on your behalf.


If you order certain types of Services, we may refer you to an independent contractor to provide those Services. Should you engage an independent contractor referred by us, the following terms and conditions will apply. We will never instruct any independent contractor to provide legal, tax, or financial advice, and you agree not to seek such advice from any independent contractor referred by us concerning the Services. Any legal, tax, or financial advice provided by an independent contractor at your request will not create any professional relationship with us. Additionally, we do not verify the accuracy of any Services or advice provided by independent contractors, and we are not liable for any errors or omissions made by them.

We offer the following general categories of Services:

(a) Managed Services: Fincen Alliance provides a comprehensive suite of services designed to assist businesses and nonprofits. These include document preparation, filing, and retrieval, covering business entity registration, tax registration and exemptions, and license applications for both businesses and nonprofits. Additional services encompass filing annual reports and retrieving documents related to the legal existence, licensure, and tax status of an entity or individual. Each Form is meticulously prepared and submitted strictly according to the Client's specific instructions, based on the information they provide.

(b)(i) Information Collection for Registered Agent Services: If you engage our registered agent services, it is your responsibility to provide accurate legal and fictitious names under which your entity operates within the ordered jurisdiction. You must also promptly notify us of any changes to these names or the relevant contact details for service of process, documents, or communications. Our local offices may operate through an Affiliate, and by using our services, you consent to the necessary sharing of your information with an Affiliate to facilitate these services.

(c)(ii) Non-transferability of Registered Agent Service: This Agreement stipulates that our registered agent services cannot be transferred or shared among different legal entities or across state lines without written authorization from Fincen Alliance. Our services are for exclusive use within the designated entity and state, and our address may not be used for any purposes other than official government correspondence.

(d) Software Services: Our "Software as a Service" (SaaS) supports our Managed Services and Registered Agent Service, forming an integral part of our Website. By using our Software, you agree to adhere to these Terms of Use and Privacy Policy. You are responsible for keeping Fincen Alliance updated on any changes to your entity's legal name, good standing status, and contact information, ensuring that our communications effectively reach you.

Disclaimer: THE WEBSITE AND SOFTWARE AS A SERVICE ARE PROVIDED ON AN "AS IS" AND "WHERE IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. FINCEN ALLIANCE DISCLAIMS ALL LIABILITY FOR ANY LOSS, DAMAGE, CLAIM, OR INJURY ARISING FROM THE USE OR INABILITY TO USE THE WEBSITE AND SOFTWARE AS A SERVICE. THIS INCLUDES, BUT IS NOT LIMITED TO, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. CONSEQUENTIAL LOSSES MAY INCLUDE BUT ARE NOT LIMITED TO LOST PROFITS, REVENUE, SAVINGS, BUSINESS OPPORTUNITIES, AND GOODWILL.

Quality and Accurateness of Our Services:


The quality and accuracy of the Services we provide to you depend primarily on the information and directives you provide to us. At no time will we: (a) verify the legal or factual accuracy of any information or direction you provide, (b) confirm the lawfulness of your business activities, products, licenses, or tax filings, (c) provide legal, tax, or financial advice, (d) suggest specific information to include in documents, or (e) review your specific factual situation, plans, or strategies.


Under this Agreement, your responsibilities include, but are not limited to: (a) providing all necessary information and directives for the provision of Services, (b) ensuring the accuracy of all information and directives provided, (c) refraining from requesting the creation or filing of documents containing infringing information, (d) not providing proprietary or confidential information, (e) not requesting the creation or filing of documents containing offensive or illegal content, and (f) promptly responding to requests for additional input or information.

Information We Collect to Provide Service

We collect information on you and your business through various methods, including but not limited to online submission forms, questionnaires and Information Request Forms, and email correspondence with Fincen Alliance employees. These methods, along with any document forms which we have drafted, or which were drafted on our behalf by a third-party engaged by us, that we in turn provide to you for use or that we use on your behalf in providing Services are referred to herein as “Forms and/or Applications.”

By entering into this Agreement, you authorize us to (a) use, distribute, reproduce, modify, publish, and translate the information you provide us with (whether personal in nature or otherwise) as needed to provide the Services that you order, (b) use your electronic signature to submit filings to government agencies and other authorities on your behalf, and (c) communicate with government agencies and other authorities concerning filings that we make on your behalf.


If you order certain types of Services, we may refer you to an independent contractor to provide you with those Services. If you do work with an independent contractor that we refer you to, the terms and conditions in this paragraph will apply. Under no circumstances will we ask or instruct any independent contractor to provide you with legal, tax, or financial advice. Similarly, you agree you will not ask any independent contractor that we refer you to for any legal, tax, or financial advice that relates to or is otherwise connected with the Services. If for any reason you do ask an independent contractor that we have referred you to for legal, tax, or financial advice and the independent contractor provides such advice, then (a) any such advice will be solely at your request, and (b) any lawyer-client, tax advisor-client, or financial advisor-client relationship that results between you and the independent contractor will exclude us. Moreover, regardless of the nature of the Services or advice that an independent contractor that we refer you to provides you with, we will not verify the accuracy or correctness of any Services or advice that the independent contractor provides to you and we will not be in any way responsible or liable for any error or omission of the independent contractor. However, nothing in this Agreement in any way prevents you from filing a claim directly against an independent contractor that we refer you to in the event the independent contractor commits an error or omission. If you work with an independent contractor that we refer you to, that independent contractor may or may not have agreements, terms and conditions, and contractual provisions that it will require you to agree to.

Errors and Corrections

Fincen Alliance does not guarantee the absence of errors, viruses, or other harmful components on the Website, nor the correction of identified defects. The information provided on or through the Website may not always be accurate, correct, timely, or reliable. Fincen Alliance reserves the right to enhance or modify the features, functionality, or content of the Website at any time. We are not liable for any damage or loss caused by viruses, distributed denial-of-service attacks, or other harmful technology that may affect your computer equipment, programs, data, or other proprietary material when using our Website or downloading content from it, or from any linked website. You are responsible for ensuring the safety of your information technology, computer programs, and platform to access our Website, and we recommend using your own virus protection software.

Client Responsibilites:


You are responsible for ensuring access to our Website and ensuring compliance with these Terms by all individuals accessing the Website through your Internet connection. The timely completion of your responsibilities and obligations under this Agreement is essential for the performance of Services. Additional fees may apply for modifications to standard documents or processes made by you or at your request. You are responsible for the accuracy, completeness, and legal compliance of all data, documents, or information provided to us.

No Unlawful or Prohibited Use/Intellectual Property


You are granted a non-exclusive, non-transferable, revocable license to access and use the Website strictly in accordance with these Terms of Use. You warrant not to use the Website for any unlawful or prohibited purpose and not to damage, disable, overburden, or impair the Website, or interfere with others' use and enjoyment of it. You may not obtain materials or information through any means not intentionally made available on the Website. This license terminates automatically if you violate any of these restrictions, and Fincen Alliance may terminate it at any time at its sole discretion.



All content on the Website, including text, graphics, photos, videos, logos, marketing content, and software, is our property or that of our suppliers, protected by copyright and other laws. You agree to abide by all copyright and other proprietary notices and not to modify, publish, transmit, reverse engineer, create derivative works, or exploit any content on the Website. Our content is not for resale, and you may not make any unauthorized use of it without our written permission. You do not acquire any ownership rights in our content, and we grant no licenses, express or implied, except as expressly authorized by these Terms.

Website and Forms Ownership


We retain all rights, title, and interest in the Website, including all trademarks, trade dress, logos, graphics, designs, and our Forms. Nothing in this Agreement grants or conveys any such rights, title, or interest to you. If we provide you with a Form, you are granted a limited, personal, non-exclusive, non-transferable license to use the Form for internal business purposes and to make modifications for such use. You agree not to use, copy, republish, reproduce, resell, or redistribute any Form except as permitted under this Agreement, and not to omit or remove any copyright notice from any Form.

Payments


Generally, we require payment from you before providing any Services you order. If we invoice you for Services, the invoice is due on receipt and payable the day of the invoice date. We accept payment by: (a) credit card/debit card and recurring credit card/debit card, (b) cashier’s check, (c) business check, (d) personal check, (e) ACH, or (f) money order. We do not accept cash payments.

Payments made by credit card are effective upon processing. Credit card payments are processed by third-party vendors, and we do not control their processing speed or accuracy. By making payment with a credit card, you assume all risk of processing errors by third-party vendors. We do not store your credit card data.


Payments made by check (excluding cashier’s checks) are effective upon clearance and posting to our account. If a check payment is insufficient to cover ordered Services, we may deposit the check without accepting it as full payment. In this case, you're required to promptly pay the difference. If a check payment fails to clear, a $35 processing fee may apply before Services are rendered.


Late fees or processing fees may be assessed on invoiced amounts not paid by the due date or at Fincen Alliance's discretion. You're responsible for attorney fees and costs if payment is not made or if a credit card chargeback occurs, regardless of whether legal proceedings are initiated.

Chargebacks


By agreeing to our terms and conditions and completing your purchase, you acknowledge that any chargebacks or disputes initiated against transactions without first attempting to resolve the issue with our customer service team may be considered a breach of our agreement. You agree to cover any administrative costs or chargeback fees should the dispute resolution favor the customer. We reserve the right to pursue legal action for fraudulent chargebacks.

Automatic Payments-Terms and Conditions


By enrolling in our recurring payment program, you authorize Fincen Alliance to initiate recurring automated clearing house (ACH) debit entries or debit/credit card payments from your specified account or card.


You agree to follow your financial institution's rules for pre-authorized electronic funds transfers or your card issuer's rules for pre-authorized card transactions. You're responsible for any fees charged by your financial institution for pre-authorized payments.


You have the right to terminate authorization at any time by emailing us at [email protected]. You must update any changes to your account/card information on your account page. Failure to update may result in late fees or charges by your financial institution.


Fincen Alliance is not liable for losses due to delays in debiting your account or charging your card. We reserve the right to change these terms and terminate the program at any time. These terms do not alter other agreements you have with Fincen Alliance.

Indemnification


To the fullest extent permitted by applicable law, you agree to indemnify and hold us, our shareholders, directors, officers, employees, agents, and independent contractors harmless from any loss, liability, damage, or expense (including reasonable attorney fees) incurred, arising from or relating to any claim involving your breach of this Agreement, violation of law, or willful misconduct, negligence, error, or omission. Our shareholders, directors, officers, employees, agents, and independent contractors are expressly acknowledged as third-party beneficiaries of your obligation to indemnify.

Limitation of Liability


To the maximum extent permitted by law, we will not be liable for consequential, incidental, special, or punitive damages, or damages exceeding the amount you paid us for Services.

Warranty and Disclaimer


We commit to delivering Services as per your instructions and the Terms of Use and Service Agreement. However, except as specifically stated, our Services and Forms are provided "as is" and "as available." We disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Additionally, we do not guarantee uninterrupted, timely, secure, or error-free operation of the Website, Services, or Forms, nor do we warrant the accuracy, reliability, or content of any documents provided by government agencies or authorities.


The information, software, products, and services on the Website may contain inaccuracies or errors. We and our suppliers make no claims about their suitability, reliability, availability, timeliness, or accuracy for any purpose. To the maximum extent permitted by law, all such information, software, products, services, and related graphics are provided without warranty or condition.


In no event shall we or our suppliers be liable for any damages arising from the use or performance of the Website, Services, or related graphics, including without limitation, consequential, incidental, special, or punitive damages.

Unforeseen Events

We will not be in violation of this Agreement if we are unable to provide the Website or Services due to events beyond our control, such as acts of God, natural disasters, or government actions.

No Class Actions

You agree not to bring or participate in any class or representative proceeding or arbitration against us. These clauses outline your obligations and our disclaimers and limitations of liability. If you have any questions, feel free to reach out.

Arbitration:


Arbitration is the method for resolving disputes outside of traditional courts, conducted by a neutral arbitrator with limited discovery. By agreeing to this Agreement, you consent to resolving disputes through binding arbitration, waiving the right to sue in court or participate in class actions. If you wish to initiate arbitration, you must send a written notice to Fincen Alliance. We will share initial filing fees equally for arbitrations you initiate. Arbitrations are managed by the American Arbitration Association under its Consumer Arbitration Rules.

Termination:


We reserve the right to refuse service or terminate our relationship with you at any time for various reasons, including failure to pay invoices, misuse of the Website, or suspicion of unlawful activity. Upon termination, we may refund amounts paid for services minus compensation for services performed and any applicable fees.

Effect of Termination:


Upon termination, you must pay for services provided up to the termination date, including any legally required services following termination. All rights granted to you under this Agreement related to terminated services will cease.

Injunctive Relief:


In case of breach or threatened breach of this Agreement, where damages cannot be adequately calculated, we reserve the right to seek injunctive relief in addition to other available remedies.

Governing Law:


The laws of the State of Florida, except as required by applicable United States Federal law, govern this Agreement. Any disputes relating to these Terms of Use or Privacy Policy shall be filed in state or federal courts in Broward County, Florida.


Assignment:

You cannot assign any contract or order without our prior written consent. However, any permitted assignment won't relieve you of your obligations under this Agreement, and we reserve the right to seek payment from any lawful assignee.

Attorneys’ Fees


In any legal action involving Fincen Alliance, the non-prevailing party shall pay all costs and expenses, including attorneys' fees, incurred by the prevailing party.

Integration


This Agreement, along with the Privacy Policy applicable at the time of purchasing a particular Service, constitutes the entire contract between us, superseding all prior communications. Any printed version of this Agreement shall be admissible in judicial proceedings.

No Waiver


Our failure to exercise any right or remedy under this Agreement doesn't constitute a waiver unless it's in writing and signed by us.

Severability


If any provision of this Agreement is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

Successors and Assigns


This Agreement is binding on your successors, assigns, and our successors and assigns.

No Third-Party Beneficiaries


Except as expressly provided in this Agreement, there are no third-party beneficiaries.

Rules for Interpreting this Agreement.

-Headings are for reference only. .

-Singular includes plural, and vice versa.

-Common nouns and pronouns refer to all genders and numbers.

© 2012 - 2024 Fincen Alliance. All rights reserved.

Fincen Alliance does not offer tax, financial, or legal advice. Utilizing our services does not establish an attorney-client relationship. Fincen Alliance is not your legal representative and does not assess the legal accuracy or completeness of information you provide. Use of our website is governed by our Terms of Use and Service Agreement.