Legal Terms of Use


OCTOBER 12, 2017

Please read these Legal Terms of Use in their entirety prior to using our Web site or services.

YOUR USE OF THIS WEB SITE, CONTENT, AND/OR SERVICES PROVIDED BY INCORPORATE.COM CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS (this "Agreement") INCLUDING THE ARBITRATION/CLASS ACTION WAIVER PROVISION (INCLUDING THE RIGHT TO OPT OUT) SET FORTH IN SECTION 5 BELOW. Web Site (the "Web Site") is a service made available by These terms and conditions apply to any and all content, materials, information and software provided on or through the Web Site or by any other means by (collectively referred to herein as the "Content") and on or through any service ("Services") provided to you by, its affiliated companies, or its marketing partners, including without limitation the services described in section 4 below irrespective of whether such services are ordered through the Web Site. The Web Site, Content, and Services are collectively referred to herein as " Services". By accessing, viewing, or using Services, you indicate that you understand and intend this Agreement to be the legal equivalent of a signed, written contract and equally binding. reserves the right to change this Agreement at any time by posting a new version on the Web Site. Such posting will constitute adequate notice to you. Your continued use of Services after the effective date of such amendment will constitute your acceptance of it.

1. Not Legal Advice does not provide legal or financial advice at any time. Services are not a substitute for advice from a licensed attorney or accountant. Services are not intended to and do not constitute legal advice and no attorney-client relationship is formed. Submissions to via this Web Site or by any other means are not treated as confidential except for credit card information or other information that is protected by law against disclosure and then only to the extent of such law. You should not act, or refrain from acting, based upon any information on this Web Site or provided by

2. License

This Agreement provides you with a personal, revocable, nonexclusive, nontransferable license to use Services conditioned on your continued compliance with this Agreement. may terminate this license at any time for any reason or no reason at all.

Except as expressly provided in this Agreement, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright intellectual property rights or other rights.

3. Limitations on Use Services may only be used in accordance with this Agreement. Further, specific Services may be subject to additional terms (the "Additional Terms") which will be provided to you if you opt to use such Services. Your use of such Services will constitute your acceptance of the Additional Terms.

Use of Services is limited to lawful business purposes. You may not reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works of Services. You may not use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, or other automatic device or manual process to monitor or copy the Web Site or Content without's prior written permission. You may not copy, modify, reproduce, republish, distribute, display or transmit for commercial, non-profit or public purposes all or any portion of the Web Site or Content, except to the extent permitted above. You may not use or otherwise export or re-export the Web Site or any portion thereof, the Content or any software available on or through the Web Site in violation of any laws, including, without limitation, export control laws and regulations. Any unauthorized use of the Services is prohibited.

All material contained on this Web Site and in the Services, unless otherwise indicated, is protected by law, including, but not limited to, United States copyright, trade secret (for password-protected areas), and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, does not grant any express or implied right(s) to users of this Web Site or Services. Any rights not expressly granted herein are reserved.

4. Product Specific Disclosures

Business License Compliance Package. A Business License Compliance Package order covers one location or jurisdiction. To order the Business License Compliance Package for additional locations, contact our customer service department to request a multi-jurisdictional order. Based on the information you provide to us, we contact local government authorities, ask which licenses apply to your business, locate applicable forms, and e-mail the applicable form(s) to you. WE DO NOT GUARANTEE THAT THE BUSINESS LICENSE COMPLIANCE PACKAGE CONTAINS INFORMATION REGARDING ALL AUTHORIZATIONS, LICENSES OR PERMITS NECESSARY TO OPERATE YOUR BUSINESS. COMPLIANCE WITH ALL LAWS AND REGULATIONS REMAINS THE RESPONSIBILITY OF THE USER OF THE BUSINESS LICENSE COMPLIANCE PACKAGE. NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, ARE GIVEN REGARDING THE LEGAL OR OTHER CONSEQUENCES RESULTING FROM THE USE OF OUR SERVICES, REPORTS OR FORMS.

Annual Report Preparation and Filing Services. With the annual report service, we will provide you with monitoring of your upcoming due dates as well as assistance with filing your annual report(s). It is your responsibility to update with any changes to your company information, including owners and officers at least 90 days prior to your Annual Report due date. If you sign up for the service within 90 days of your annual report due date, we will charge the credit card that we have on file and complete your annual report filing with the state without providing additional notice. IF WE NEED ADDITIONAL INFORMATION OR AN UPDATED CREDIT CARD AND CANNOT REACH YOU AFTER FOUR OR MORE ATTEMPTS, WE WILL BE UNABLE TO FILE YOUR ANNUAL REPORT(S). THIS MAY RESULT IN ADDITIONAL FEES, TAXES, EXPENSES, PENALTIES, AND UNFAVORABLE GOVERNMENTAL ACTIONS, INCLUDING BUT NOT LIMITED TO, SUSPENSION, REVOCATION, OR INACTIVE STATUS OF YOUR BUSINESS ENTITY, CRIMINAL CHARGES, INABILITY TO ACCESS COURTS WITHIN CERTAIN JURISDICTIONS, SUSPENSION OF YOUR ABILITY TO DO BUSINESS WITHIN CERTAIN JURISDICTIONS, AND/OR LOSS OF BUSINESS ENTITY AND DOING BUSINESS AS NAMES.

The annual report service is an annual subscription. Based on the service you have purchased, will annually charge your subscription renewal plus state fees for the services to the credit card we have on file unless you inform us in writing of your desire not to renew 90 days prior to your renewal date. If not notified of cancellation 90 days prior to your annual report filing date, you will be held liable for the subscription renewal cost plus state fees. It is your responsibility to update the credit card information we have on file. IN THE EVENT THAT YOU PURCHASE THIS SERVICE WITHIN 10 BUSINESS DAYS OF AN ANNUAL REPORT DEADLINE(S), WE CANNOT GUARANTEE THAT WE WILL BE ABLE TO FILE SUCH ANNUAL REPORT(S) ON TIME THOUGH WE WILL USE REASONABLE EFFORTS TO MEET ALL FILING DEADLINES.

Registered Agent Services. If you select as the registered agent for your entity, you must pay your registered agent invoice annually for us to continue to provide service to you. Payment is due 90 days prior to the 12-month anniversary date. Changes to this service are regulated by specific state laws. All registered agent fees are non-refundable.

To discontinue this service you must provide proof to that either: (i) or any of its affiliates is not listed as the registered agent with a state or any other official agencies or (ii) your company has been dissolved. will continue to act as registered agent and invoice for the service as long as or any of its affiliates is listed as the registered agent with the state or any other official agencies. reserves the right to auto charge you annually unless notification has been provided that the company is either no longer active with the state, or the registered agent was changed from with the necessary state office. As a condition for using as Registered Agent, you must provide a valid payment method (credit card or checking account) and are responsible for paying the amount billed to your card for the registered agent fees.


Formation Services. You agree that your company name is not approved until you receive an official, state-issued notice or filed document confirming your entity name. Upon receipt of the document, you shall verify that the entity name and related information is true and correct. WE CANNOT GUARANTEE THAT THE PREFERRED COMPANY NAME WILL BE ACCEPTED BY THE STATE OR ANY OTHER OFFICIAL AGENCIES.

5. Arbitration and Class Action Right Waiver

Please read this carefully. It affects your rights. and you agree to arbitrate all disputes and claims arising out of or relating to this Agreement, or to any prior oral or written agreement for Services between and you. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. A party who intends to seek arbitration must first send to the other, by certified mail or overnight courier, a written Notice of Intent to Arbitration ("Notice"). The Notice to shall be addressed to: Attn: General Counsel, 251 Little Falls Drive, Wilmington, DE 19808 ("Arbitration Notice Address"). If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or may commence an arbitration proceeding. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this Agreement. The arbitration shall be governed by the JAMS Streamlined Arbitration Rules and Procedures, as modified by this Agreement, and shall be administered by JAMS. The JAMS Rules and fee information are available at, by calling JAMS at 1-800-352-5267, or by writing to the Arbitration Notice Address. agrees to pay one-half the filing fee of any arbitration, with the total costs of arbitration to be borne by the parties to the extent of their respective fault or negligence as determined by the arbitrator; provided, however, if offers you an amount to settle the matter that you reject, and you are then awarded the same amount or less by the arbitrator, than you agree to pay the entire cost of the arbitration, excluding filing fees. You agree that, by entering into this Agreement, you and are waiving the right to a trial by jury. Unless and you agree otherwise, all hearings conducted as part of the arbitration shall take place in the city or county of your billing address. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator must give effect to the limitations on's liability as set forth in this Agreement and any other applicable agreement or law. You and agree that YOU MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and agree otherwise, the arbitrator may not consolidate proceedings of more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. Notwithstanding any of the foregoing, you may bring an individual action in small claims court.

6. TCPA Consent & Privacy

You expressly consent to receiving calls and messages, including auto-dialed and pre-recorded message calls and SMS messages (including text messages) from us, our affiliates, marketing partners, agents and others calling at their request or on their behalf, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers). Your cellular or mobile telephone provider will charge you according to the type of plan you carry. You also agree that we may contact you by e-mail, using any email address you have provided to us or that you provide to us in the future. We may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law. For example, we listen to and record calls for quality monitoring purposes.

7. Payments

Credit Card Payment. When you click the "Pay & Complete Order" button, we will charge your credit card. The verification process should take only a few moments.

ACH Payment. Please note that payment by electronic check will delay your request by six business days to allow time for the funds to clear. At the end of this period, if funds are received, your order will be released for processing.

The following payment methods are available only by contacting our service department:

  • Multiple Credit Cards. Please contact customer service immediately with credit card information.
  • Wire Transfers. Domestic wire transfers generally take 3-5 business days to be received and processed. International wire transfers can take 7-10 business days. Once you have submitted your transfer request, please contact customer service to provide them with your tracking information.
  • Mailed Payments.

Deposit. The deposit(s) listed in your order is non-refundable and will be applied towards your total service fee once your request has been completed. State fees and tax clearance (if applicable) are not included in the service fee. You are required to pay the balance of the service fee, and any applicable state filing fees and tax clearance to complete the process. will research the state fees and provide the appropriate paperwork and fee schedule. Once you receive the paperwork and fee schedule, please complete, sign, and return them along with your balance due to us for submission to the state filing office. Once the state approves your filing, we will send you the official evidence.

Recurring Fees. You agree that may charge your credit card on file annually for any renewable services you ordered including, without limitation, Registered Agent Service, Annual Report Preparation and File Service, or any other similar service. It is your responsibility to maintain an updated payment method on file with us in order for us to continue providing the services. You are responsible for notifying us of your desire to cancel the service(s) and to avoid any future charges by contacting us.

8. Refund Policy

If you are not satisfied with the service provided by, please contact us at 866-963-8506 or via e-mail at

If you cancel your order before we have submitted it to a federal, state or local office, will refund the total amount paid for such order less a service fee. If you cancel your order after we have already submitted it, we will use our discretion to determine what portion, if any, we will refund.

All state fees paid to federal, state, or local offices by are nonrefundable.

9. User Information and Service Delivery

Certain sections of the Web Site require you to register. If registration is requested, you agree to provide with accurate, complete registration information. It is your responsibility to inform of any changes to registration information. Each registration is for a single person only, unless specifically designated otherwise on the registration page. does not permit any other person using the sections under your name or access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. may act in reliance upon any instruction, information, document, filing, name, email address or user password that meets the Web Site's automated criteria or which is believed by's personnel to be genuine. For any password protected areas, may assume a person entering a user name address and associated password is, in fact, that user or is authorized by that user to act on its behalf. may assume the latest email addresses and registration information on file with are accurate and current. When programmed to do so, may take prescribed actions in the absence of receiving proper and complete contrary instructions.

You agree to review your contact and billing information periodically and notify immediately if there are any updates or corrections. You assume full responsibility for any default judgments, adverse regulatory actions, or any other consequence or liability resulting from your failure to notify as required by this paragraph.

10. Disclaimer

INCORPORATE.COM SERVICES ARE PROVIDED ON AN "AS IS" BASIS. INCORPORATE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. INCORPORATE.COM DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, OUT OF OR IN ANY WAY RELATED TO (A) ERRORS IN OR OMISSIONS FROM ANY INCORPORATE.COM SERVICES, INCLUDING BUT NOT LIMITED TO INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN ANY INCORPORATE.COM SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF ANY INCORPORATE.COM SERVICES, OR ANY PORTION THEREOF, (D) YOUR USE OF ANY INCORPORATE.COM SERVICES, (E) YOUR USE OF EQUIPMENT OR SOFTWARE IN CONNECTION WITH ANY INCORPORATE.COM SERVICES OR (F) THE CONTENT CONTAINED IN ANY MARKETING MATERIALS OR EMAILS RELATED TO INCORPORATE.COM SERVICES. does not provide legal advice. Our services are not a substitute for the advice of an attorney and providing these services to you does not create an attorney-client relationship. Further, cannot advise you where to incorporate or qualify your business. Please note that you may need to register your company in any state where you have a physical presence or do substantial business. does not represent or warrant that Services are error free or free from other harmful components. We will take steps to the best of our ability to correct all known defects with Services. does not warrant or represent that Services will be correct, accurate, timely or otherwise reliable. may make improvements and/or changes to the features and functionality of Services at any time. Any transaction involving Services between you and is deemed to be a business to business transaction.

Third party content may appear on the Web Site or may be accessible via links from Services. These sites have not necessarily been reviewed by and are maintained by third parties over which exercises no control. Accordingly, expressly disclaims any responsibility for the privacy policies, information collection practices, the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.

11. Limitation on Liability



12. Breach of Agreement and Violation of Laws reserves the right to seek all remedies at law and in equity for violations of all laws and this Agreement, including but not limited to, the right to block access from a particular Internet address to Services and its features, and terminate any services without refund of fees paid.

You agree that you will not use Services for any fraudulent or unlawful purpose. You agree that you have truthfully disclosed your identity as the named individual placing an order, have the authority to form such entity; and are not prohibited from making a transaction by any governing body.

You further agree that you will not infringe on the intellectual property of or third-parties, including by filing or ordering formations, trade names, or DBAs with names similar to protected trademarks and/or copyrights, and is not responsible for identifying such potential infringements.

If you violate or exceed the scope of this Agreement or infringe our proprietary rights, you acknowledge and agree that we would be irreparably harmed and may (in addition to other relief and without having to post bond) obtain a court order enjoining you from further mischief. You further agree that may, without notice to you, withdraw or dissolve any entities, documents, or filings filed in contravention to this Agreement and resign as your registered agent (if applicable), and that you will indemnify and hold harmless for any liability (including the costs of in taking such action) arising from the violation of this section. reserves the right to investigate complaints or reported violations of the Agreement and to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

13. Governing Law

THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE STATE OF DELAWARE (USA), WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. YOU ARE RESPONSIBLE FOR COMPLYING WITH YOUR OWN LOCAL LAWS, WHICH MAY VARY WITH RESPECT TO CERTAIN ACTIVITIES OR PEOPLE (e.g., MINORS). You agree that U.S. District Courts can hear cases involving copyright issues between us. Should you have a grievance with us, you agree to arbitrate your dispute in accordance with Section 5 above. In the event that your dispute is not eligible for such arbitration or if a court finds the arbitration provision to be unenforceable, you hereby irrevocably agree that any legal action brought against us will be brought and maintained on an individual basis (and not consolidated with similar cases) within one (1) year after the claim arises or you will be barred from bringing such legal action. If we are required to enforce this Agreement or our rights, you agree it is reasonable to send you legal notices and papers by electronic mail at your stated address.

14. Force Majeure is not responsible for any delay or failure in performance of any Services in whole or in part for any reason including, without limitation: fires, floods, storms, earthquakes, civil disturbances, disruption of telecommunications, transportation, utilities, services or supplies, governmental action, computer viruses, corruption of data, hacker attacks, incompatible or defective equipment, software or services or otherwise. Nothing herein enlarges any warranty or diminishes any disclaimer under this Agreement.

15. Miscellaneous

This Agreement and any Additional Terms reflect our entire and exclusive agreement and supersedes all other agreements regarding this subject matter, whether written or verbal. In the event of a conflict between the terms of this Agreement, Additional Terms and/or any other terms found on this Web Site or in the provision of services provided to you by or any of its affiliated companies, the terms of this Agreement shall control even if the other terms are dated later in time, unless such other terms expressly provide otherwise.

We reserve the right to assign this Agreement or delegate responsibility to any third party, including a party acquiring any of our operating assets or ownership interests. All licenses or permissions granted to you by this Agreement are personal in nature and may not be assigned, sublicensed or otherwise transferred and any attempt to the contrary is void. Any provision of this Agreement found by a court to be illegal or unenforceable shall automatically be deemed conformed to the minimum requirements of law and shall thereupon be given full force and effect as so modified. Waiver of a provision in one instance shall not preclude our enforcement of it on future occasions. Headings are for reference purposes only and have no substantive effect.

This Agreement incorporates by reference any notices contained on the Web Site. The Agreement constitutes the entire agreement with respect to access to and use of Services. If any provision of this Agreement is unlawful, void or unenforceable then that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions.

16. Privacy Policy

View the Privacy Policy for this Web Site at The terms of that Policy, and any future amendments to it, are hereby incorporated by reference in its entirety into this Agreement and subject to these terms.

17. Terms, Conditions and Disclosures with respect to North Carolina Transactions

The following additional terms, conditions and disclosures apply to forms or templates to be filed in the State of North Carolina.

Opportunity to Review Completed Form Prior to Purchase

Pursuant to N.C. General Statute Section 84-2.2, if you are filing a form in the State of North Carolina, you will be provided a means to see the blank template or completed form before finalizing a purchase of that document. If you are incorporating a North Carolina entity and do not receive an opportunity to review your completed form prior to purchase, please contact us at 800-818-6082 or via e-mail at so that we can ensure you are given this opportunity before your purchase becomes final or you are billed for your purchase.

Review of North Carolina Forms

All forms relating to North Carolina entities are reviewed at least annually by an attorney licensed to practice law in the State of North Carolina. Upon written request, will provide North Carolina consumers with the name and address of the reviewing attorneys, as well as the date of the last such review.

No Legal Advice is Being Provided by

As set out above, is not providing you legal advice. Any forms or templates are not a substitute for the advice or services of an attorney.'s Legal Name and Physical Location

The entity providing you templates is either The Company Corporation or Our physical address is: 251 Little Falls Drive, Wilmington DE 19808.

Disclaimer of Rights/Warranties and Venue Provisions

North Carolina General Statutes Section 84-2.2(a)(5) and (6), unless amended by the North Carolina General Assembly or restricted or limited by the courts, shall supersede any provisions above which limit a consumer's recovery of damages or remedies with respect to forms or templates to be filed in North Carolina or which limit or disclaim any warranties or liability or which provides for jurisdiction or venue outside of North Carolina with respect to North Carolina forms or templates. Please note that under the Federal Arbitration Act, 9 U.S.C. 2, the North Carolina statute does not affect an arbitration provision. Accordingly, the provisions of Section 5 above relating to arbitration remain applicable to North Carolina forms and templates. If you are purchasing a North Carolina form or template, you expressly agree to arbitration as set out in Section 5.

Consumer Satisfaction Process

If you should have a concern that is engaged in the unauthorized practice of law in North Carolina, we will immediately relay any such concern expressed by you to the North Carolina State Bar.