Supplemental Terms of Service for Registered Agent Service.

• Greetings and welcome to the Terms of Service for BusinessRocket, Inc. (“BusinessRocket”) registered agent services, which may go by various names depending on your state of service (referred to collectively as the “Registered Agent Service(s)” or “RA Service(s)”). These services may be offered separately or as part of BusinessRocket packages. Formerly known as the “Supplemental Terms of Service for Registered Agent Service,” you may also find reference to them under this name on our website, www.BusinessRocket.com.

  In addition to our other terms, these supplemental terms (referred to as the “RA Terms of Service,” “RA Terms,” or “Supplemental RA Terms”) constitute a binding agreement between you and BusinessRocket, outlining your usage of our Registered Agent Services. This agreement takes effect when you purchase the RA Services, accept a promotional trial, or buy a package containing RA Services (the “Effective Date”). Please read these Supplemental RA Terms with care.

  THIS AGREEMENT, INCLUDING THE BUSINESSROCKET TERMS OF USE, TERMS OF SERVICE, PRIVACY POLICY, AND ANY OTHER PERTINENT TERMS, REPRESENTS THE “AGREEMENT” BETWEEN YOU AND BUSINESSROCKET. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS THEY ARE PRESENTED TO YOU. CHANGES, ADDITIONS, OR DELETIONS ARE NOT PERMITTED, AND BUSINESSROCKET MAY DENY USE OF THE RA SERVICE IF YOU FAIL TO COMPLY WITH ANY PART OF THIS AGREEMENT. These Supplemental RA Terms have implications for your legal rights and obligations. If you do not consent to all of these Supplemental RA Terms, please refrain from purchasing, accessing, or using the Registered Agent Services. To request a refund, please contact the BusinessRocket Customer Care Center at (310) 424-5558.

• 1. Description of Registered Agent Services:

  By obtaining RA Services, you are acquiring these services for a specific company. BusinessRocket commits to serving as the Registered Agent for the company you specify in your order during the purchased period (the “RA Service Term”).

  a. Service Provider:

  You acknowledge and agree that BusinessRocket may collaborate with third-party providers and sub-providers (referred to as “BusinessRocket Registered Agents” or “Registered Agents”) of our choosing to deliver some or all of the Registered Agent Services. You further acknowledge and agree that any such Registered Agent may provide these services to you.

  b. Service of Process:

  You authorize your Registered Agent to accept service of process, including legal notices, official government communications, and other legal documents, as well as items specified by the applicable state statute, rule, or regulation (collectively referred to as “Legal Mail”) on your behalf. Additionally, you authorize your Registered Agent to scan and upload received Legal Mail into your account.

  c. Not a Mailing Address:

  Unless otherwise stated in this Agreement, your Registered Agent's role is limited to receiving and forwarding Legal Mail. It does not include providing a business or mailing address independently of the relevant statute, rule, regulation, or contract. Your Registered Agent has no obligation to forward items received due to unauthorized use of its address (the “Registered Address”). In the case of such unauthorized use, you are responsible for any losses, whether or not you authorized or initiated the improper use. Your Registered Agent may seek reimbursement from you for costs incurred due to unauthorized use of the Registered Address. Your Registered Address serves the primary purpose of fulfilling state requirements for “Service of Process” and should only be used for receiving Legal Mail on your behalf. Unless specified otherwise, the primary business address you provide in any filed document must correspond to your company's primary business location, regardless of the state in which that address is situated.

  d. Representation of Registered Address:

  You agree not to misrepresent, orally or in writing, photographically or otherwise, that the Registered Address is your business location, operational base, or repository for business records. You may not include the Registered Address in your company's public materials, such as business cards, brochures, websites, or emails.

  e. Misdirected Mail:

  You acknowledge that your Registered Agent delivers Legal Mail to users and cannot guarantee against misdelivery. In such cases, neither BusinessRocket nor your Registered Agent is liable to the intended recipient. Your Registered Agent will make reasonable efforts to promptly notify both the intended and unintended recipients of the error and seek to retrieve the item from the unintended recipient.

  f. Customer-Returned Mail:

  If you decline or fail to accept Legal Mail forwarded by your Registered Agent under this Agreement, you are responsible for return shipping costs and re-induction of the Legal Mail. Upon request by BusinessRocket or your Registered Agent, you must acknowledge receipt of all Legal Mail sent by your Registered Agent.

  g. Customer Responsibility for Accurate Information:

  You are responsible for promptly informing BusinessRocket of changes to your contact information and business status (e.g., dissolution or inactivity) within 30 days of the change. Failure to do so may result in service termination. Neither BusinessRocket nor your Registered Agent is liable for damages resulting from your failure to update or provide accurate information.

• 2. General Practices Regarding Use and Storage:

  You recognize that BusinessRocket may establish general practices and limits governing the use of the Registered Agent Services. You agree that BusinessRocket bears no responsibility or liability for the deletion or failure to store any Legal Mail, messages, communications, or other content, whether received or transmitted. BusinessRocket may subcontract any RA Services or related tasks without your consent. Unless expressly stated otherwise, any new features enhancing the current RA Service are subject to these RA Terms of Service.

• 3. Updates to Terms:

  BusinessRocket reserves the right to modify these RA Terms of Service at its discretion, with or without notice, at any time (“Updated Terms”). We may notify you of Updated Terms by posting them in our website www.BusinessRocket.com/. Your continued use of the RA Services after the effective date of the Updated Terms constitutes your agreement to them. The Updated Terms take effect at the time of posting, or at a later date specified in them, applying to your use of the RA Services going forward. These RA Terms of Service govern disputes arising before the date of the Updated Terms. If you disagree with an update, you may terminate your RA Services. Refer to the Resignation Due to Termination section below for instructions.

• 4. Your Information:

  You are solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and copyright of your information. BusinessRocket is not responsible or liable for the deletion, correction, destruction, damage, loss, or failure to store any such information. BusinessRocket reserves the right to withhold, remove, or discard your information without notice for any breach, including non-payment. You must immediately report any fraudulent, unauthorized, illegal, or suspicious use of the RA Services or any security breach to us.

• 5. Authority to Enter Agreement:

  If you are entering into these RA Terms of Service on behalf of a company or other legal entity, you affirm that you have the legal authority to bind that entity to this Agreement. In this case, the terms “you” or “your” pertain to that entity. If you lack such authority or disagree with these Supplemental RA Terms, you may not sign up for or use the RA Services. If we later determine that you lacked authority to bind the entity, you assume personal responsibility for the obligations in these Supplemental RA Terms, including payment obligations. We bear no liability for loss or damage resulting from our reliance on instructions, notices, documents, or communications reasonably believed to be genuine and from an authorized representative of your company. In case of doubt about the authenticity of any such instruction, notice, document, or communication, we may, but are not obligated to, require additional authentication from you.

• 6. Payment:

  a. Fees:

  You are obligated to pay all fees, including filing fees, associated with your account as per the terms in effect when you make the purchase. This obligation continues until you cancel your RA Service or it is otherwise terminated, and your obligations under Paragraph 8c(ii) are met. BusinessRocket may increase RA Service fees, effective from the start of a RA Service Term, by providing notice of new fees at least thirty (30) days before the term begins. If you do not cancel your RA Service and fulfill your obligations under Paragraph 8c(ii), you will be deemed to have accepted the new fee for the renewal term and subsequent terms (unless fees increase similarly for subsequent renewal terms). Fee reductions become effective in the next renewal term without pro rata refunds for the current term. If you add a product or service to your subscription, BusinessRocket may charge a prorated cost to align your renewal date with your current subscription and will provide notice before doing so.

  b. Billing:

  i. Non-automatically Renewing Service:

  If you opt not to automatically renew your RA Service, renewal will be invoiced approximately one months before the renewal term's start date, with payment due no later than the first day of the renewal term ('Billing Date'). If your account charge is declined, BusinessRocket may make weekly attempts to charge your card for the duration of 24 calendar months.

  ii. Automatically Renewing Service:

  For automatically renewing RA Services, your RA Service will automatically renew at the end of the Initial Term and each subsequent renewal term (each a “Billing Date”), unless you notify us of your intention to terminate your RA Service under this Agreement or your RA Service is otherwise terminated. Failure to notify us results in automatic billing for the renewal term on your Billing Date. BusinessRocket may adjust your Billing Date in subsequent renewal periods without notice. This will be reflected by a prorated charge based on the number of days since your latest renewal charge's Billing Date. Unless BusinessRocket notifies you otherwise under this Agreement, the renewal charge equals the original purchase price for the RA Service. If your account charge is declined, BusinessRocket may make weekly attempts to charge your card for the duration of 24 calendar months. BusinessRocket may obtain automatic updates for any expiring credit cards you have provided.

  c. Notice of Automatic Renewal:

  We may send a reminder email to your account’s email address before your Billing Date. Unless state law requires it, BusinessRocket is not obligated to provide this notice. You acknowledge that failure to read, inability to receive, or BusinessRocket’s failure to send the email does not create liability for BusinessRocket or any third-party service.

  d. Cancellation of Automatic Renewal:

  Cancellation of your automatic renewal terminates your RA Service. To cancel, you must notify BusinessRocket by calling our Customer Care Center at (310) 424-5558. Upon receiving this notice, BusinessRocket will cease automatic credit card charges, subject to Your Obligations on Termination or Cancellation (Section 8 below).

  e. Promotional Trial Memberships:

  Occasionally, we offer certain customers trial or promotional memberships, subject to this Agreement unless stated otherwise in the promotions. For trials with no initial charge, you authorize a charge of up to one dollar ($1) to your payment method for verification. Upon trial completion, unless you cancel by calling 310-424-5558, your membership renews automatically, and your credit card is charged to begin your Initial Term.

• 7. Changes to Service:

  BusinessRocket reserves the right to alter the offering of Registered Agent services, including functionality, content, or feature availability, at its discretion. We may also impose feature and service limitations or restrict your access to all or part of the service. However, you have the right to cancel your membership if we substantially reduce benefits. If we introduce new features or third-party services, they will be subject to these RA Terms.

  Should BusinessRocket offer multiple versions of its Registered Agent services and discontinue a service you have chosen, we may either end your subscription, continue providing it to you, or provision a replacement (similar or comparable product) at the current price. Additional fees may apply to replacement services. BusinessRocket will notify you of new fees at least 30 days before they take effect.

• 8. Termination or Cancellation:

  a. By BusinessRocket:

  BusinessRocket may terminate your RA Service and resign as your registered agent with proper notice as required by state law. Reasons for termination may include your failure to provide accurate, complete, and current information, your unlocatability, non-payment, suspected illegal activity, or any other lawful reason. As your sole remedy, BusinessRocket will refund prepaid fees specifically related to the current RA Service Term.

  b. By Customer:

  You may cancel your RA Service by calling our Customer Care Center at (310) 424-5558. After cancellation, your RA Service remains active until you fulfill your obligations as detailed in Paragraph 8c(ii)

  c. Your Obligations on Termination or Cancellation:

  Following termination by BusinessRocket or cancellation by the Customer and at the end of the current Term, you agree to:

  i. Cover all expenses incurred due to your use of the RA Services after termination or cancellation, including shipping charges for forwarding Legal Mail received on your behalf.

  ii. Appoint another registered agent in that jurisdiction or act as your own registered agent, where permitted, and pay all fees for changing your agent (including appointment and/or registration fees). You must also notify BusinessRocket of the change within 30 calendar days and provide written proof that the BusinessRocket Registered Agent is no longer listed as your registered agent. You can notify BusinessRocket by phone or email. If you no longer wish to use the Registered Agent Services due to discontinuation of your business operations, you must provide satisfactory written proof that your entity has voluntarily dissolved with the state filing office or that its status is inactive with the state filing office (e.g., revoked, suspended, forfeited, canceled, noncompliant, delinquent, or administratively dissolved) by the next billing date. Your BusinessRocket Registered Agent, at its discretion and in line with state filing office requirements, may resign as your entity’s registered agent. However, if your state filing office does not accept resignation filings or other amendments for voluntarily dissolved or inactive entities, the BusinessRocket Registered Agent may continue to be listed as your entity’s registered agent. If you fail to provide BusinessRocket with satisfactory written proof of your change or discontinuation, you will continue to incur charges for BusinessRocket Registered Agent Services until such proof is provided.

  iii. Understand that after replacing BusinessRocket as your registered agent or upon BusinessRocket’s resignation, any Legal Mail received on your behalf will be marked 'Return to Sender' if it is first class mail, or destroyed if not. You release your Registered Agent from any obligation to forward or re-mail Legal Mail received after your subscription terminates, agreeing that your Registered Agent has no obligation except as expressly stated in this Agreement. You also agree to indemnify BusinessRocket, your Registered Agent, and their affiliates against any contrary claims

  iv. Acknowledge your sole responsibility for informing senders (including government agencies) of your new registered agent address.

  v. Agree that if this Agreement is terminated (except for your breach), BusinessRocket will provide a file of your RA Services account content ('Customer Data') within 30 days of termination upon your request. You may be required to pay reasonable copy and shipping charges associated with your request. You acknowledge that BusinessRocket is not obligated to retain Customer Data and may delete it at least 30 days after termination.

• 9. Non-English-Speaking Customers:

  Translations of these Terms and other related terms, conditions, and policies are provided for convenience only. In case of ambiguity or conflict between translations, the English version prevails and controls.

• 10. Indemnification:

  You agree to defend, indemnify, and hold BusinessRocket harmless from any and all claims, causes of action, liabilities, judgments, penalties, losses, costs, damages, and expenses, including attorneys' fees and related litigation or arbitration costs, arising from:

  a. This Agreement;

  b. The RA Services provided to you;

  c. Your use of the RA Services, including any copyright infringement claims arising from your Registered Agent scanning Legal Mail or other documents;

  d. Failures by third parties, USPS, or commercial delivery or courier services to accurately and timely provide services;

  e. Loss, damage, or destruction of your Legal Mail by any cause, whether or not due to our negligence or intentional acts;

  f. Your violation of federal, state, or local laws, statutes, rules, or regulation; and

  g. Actions where BusinessRocket or its agents are named as defendants based on your alleged or actual conduct.

  The indemnified parties include BusinessRocket, its owners, affiliates, subsidiaries, parents, shareholders, members, successors, assigns, representatives, franchisees, officers, directors, agents, attorneys, and employees.

• 11. Limitation of Liability:

  You acknowledge that neither BusinessRocket nor your Registered Agent is liable for any damage to Legal Mail or loss of Legal Mail during or after mailing or shipment to you. Neither BusinessRocket nor your Registered Agent is responsible for Legal Mail without a receipt record from either party. Any additional insurance beyond the standard carrier coverage, if available, must be authorized and paid for in advance by you. You also acknowledge and agree that neither BusinessRocket nor your Registered Agent is liable for any damage or injury arising, either wholly or partially, from negligent acts or omissions in compiling, collecting, processing, communicating, or delivering Legal Mail or handling physical or digital documents, directly or indirectly. You further agree that the total liability, if any, of BusinessRocket and your Registered Agent for any and all claims, causes of action, damages, losses, or judgments related to this Agreement does not exceed the amount paid for the Registered Agent Service, irrespective of the nature of the claim, loss, or damage incurred, except as provided in the Dispute Resolution by Binding Arbitration section of the Terms of Service. Neither BusinessRocket nor your Registered Agent is liable for any other loss, claim, damage, or injury related to or arising from this Agreement or the provision of services under this Agreement.

  Updated: February 06, 2023