USER AGREEMENT
(“Agreement”)

ACCEPTANCE OF TERMS THROUGH USE

By using this site or by clicking “I agree” to this Agreement, you (“User”) signify your agreement to these terms and conditions. If you do not agree to this Agreement please do not use this site and do not click “I agree”.  Please check this Agreement periodically for changes as the owner of this site, Sun Corporate Filings, LLC reserves the right to revise this Agreement and your continued use of this site following the posting of any changes to the Agreement constitutes acceptance of such changes.  Sun Corporate Filings, LLC (SCF) otherwise known as “the Company” reserves the right to terminate a User’s use of this site at any time without notice and may do so for any breach of this Agreement or the instructions on this site by User.  This Agreement applies to licensors and advertisers as well.

YOU MUST BE OVER 18 TO AGREE TO THIS AGREEMENT AND USE THIS SITE

This Agreement must be completed, understood and agreed to by a person over 18.  If a parent or guardian wishes to permit a person under 18, and under his or her supervision, to use this site, he or she should email the Company with his or her explicit permission and acceptance of full legal responsibility for the minor to do so.  If you are not yet 18, if you are easily offended, or are accessing this site from any country where material on this site is prohibited or illegal, please leave now as you do not have permission to access this site. 

LICENSE TO USE THIS SITE

Upon your agreement to this Agreement, the Company hereby grants you a non-exclusive, non-transferable limited license to use this site in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on this site.  You agree not to make any false or fraudulent statements in your use of or to gain access to this site.  You acknowledge and agree that all content and services available on this site are property of the Company and its advertisers and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally.  All rights not expressly granted herein are fully reserved by the Company, its advertisers and licensors.    You agree to pay for any and all purchases and services made using your name and credit card through this Site, not to challenge any such charges and to pay for all collections and/or attorneys fees resulting from any non-payment.

LICENSE RESTRICTIONS

Use

Except as may be explicitly permitted through this site, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code or content on or from this site. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Company is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.

Security

You agree that if you are issued a Username and Password by the Company, you shall use your best efforts to prevent access to this site through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying the Company immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a Username and Password not easily guessed by a third party. 

You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this site.  You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that the Company shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.   

International Users

Accessing this site, and services, products or contents available on this site, except as expressly allowed through instructions and truthful statements by the User in regard to use of this site, from places outside the U.S. or where their contents are illegal, is prohibited. Those who choose to access this site from other locations do so knowingly on their own initiative and voluntarily at their own risk and are responsible for compliance with local laws.  None of the information on this site may be downloaded, exported or reexported into Libya, Iraq, North Korea, Cuba, the National Union for the Total Independence of Angola (UNITA), Iran, Syria, Sudan, Burma (Myanmar), Serbia, the Taliban, Sierra Leone, Liberia, designated Terrorists and international Narcotics Traffickers, Foreign Terrorist Organizations, and/or designated foreign persons who have engaged in activities related to the proliferation of weapons of mass destruction or any other country with restrictions imposed by the U.S. Government.  By using this site, you agree that you are not a citizen of or a resident in any of these countries.

Export

You agree that you shall comply with all applicable export and import control laws and regulations in your use of this site, or materials or services received through this site, and, in particular, you shall not export or re-export anything on or received through this site in violation of local or foreign export laws and/or without all required U.S. and foreign government licenses.

Government Use.

If you are a branch or agency of the U.S. Government, the following provision applies. This site, code, contents, services and accompanying documentation are comprised of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are provided to the Government (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995). Unpublished rights reserved under the copyright laws of the United States.

USER'S LICENSE GRANT TO SITE

Except with regard to personal information, all information which you post on this site or communicate to the Company through this site (collectively “Submissions”) shall forever be the property of the Company.  You agree to the Site Submission Rules found here as part of this Agreement if provided on the site by the Company.  The Company shall not treat any submission as confidential and shall not incur any liability as a result of any similarities that may appear in future Company services or products.  Without limitation, the Company shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere.  You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright.  You hereby represent and warrant that your Submission does not infringe the rights of any third party. 

TRADEMARKS

The Company’s, licensors’ or other third party materials, services or products referenced on this site are common law or registered trade marks or service marks of such parties. 

THIRD PARTY SITES

You may be transferred to online merchants or other third party sites through links or frames from this site. You are cautioned to read such sites’ Terms and Conditions and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of your use of such sites.  These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other sites are not under the control of the Company, are not monitored or reviewed by the Company, and the Company is not aware of the contents of such sites. You acknowledge that the Company is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. The inclusion of such a link or frame does not imply endorsement of this site by the Company, its advertisers or licensors, any association with its operators and is provided solely for your convenience.  You agree that the Company and its licensors have no liability whatsoever from such third party sites and your usage of them.

DISCLAIMER OF WARRANTIES

THE COMPANY, ITS ADVERTISERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE.  ALL INFORMATION AND USE OF THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE, INCLUDING ALL EXPESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE  AND NON-INFRINGEMENT.   THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVE THROUGH THIS SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. USER AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT.  BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION. 

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY, ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement. The Company reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Company in asserting any available defenses.

LEGAL COMPLIANCE

Company may suspend or terminate this Agreement or User’s use immediately upon receipt of any notice which alleges that User has used this site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees.  In such event, Company may disclose the User’s identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and Company shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Company for such disclosure. 

CHOICE OF LAW AND FORUM

This site (excluding third party linked sites) is controlled by the Company from its offices within the State of California, United States of America.  It can be accessed from all 50 states as well as from other countries around the world to the extent permitted by site. As each of these places has laws that may differ from California, by accessing this site, both you and the Company agree that the statues and laws of the California shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles thereof.  You and the Company also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Sacramento, California and any legal proceedings shall be conducted in English. The Company makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods. 

NO INFORMATION CONTAINED ON WWW.SUNCORPFILINGS.COM IS TO BE CONSTRUED AS GIVING LEGAL OR TAX ADVICE.

Sun Corporate Filings, LLC (SCF) is a public document filing company and is not comprised of attorneys, accountants, paralegals, or any other professional that is authorized to give legal or tax advice. We recommend that our customers seek the services of a competent attorney or accountant to answer their legal and tax related questions. Information contained in our corporate and LLC kits are provided with the understanding that (SCF) is not rendering tax, accounting, legal or any other type of advice. If the reader has specific questions, the services of a competent attorney, accountant or other professional licensed in the state of incorporation/organization or other applicable jurisdiction should be secured.

SERVICE WARRANTIES AND CANCELLATION POLICY

Sun Corporate Filings, LLC (SCF) is committed to providing excellent customer service. Our customer’s satisfaction is always our top priority and we take customer dissatisfaction very seriously. Although customer dissatisfaction is rare, we have noticed that it usually is based upon the time it takes for a government filing agency to file and return a customer’s document. Although we can make no guarantees to the length at which a government filing agency takes to file and return a document, we do our best to state the average turnaround time. We make all of our customers aware of the average turnaround time during the order process. For the majority of time, we offer rush services at an additional price to expedite the filing process. The additional price includes having a correspondent hand carry your document to the State filing agency. Depending upon the state, the correspondent may have to leave the document for processing and pick it up at a later date when the state agency has completed the filing. We recommend that all of our customers take advantage of our rush filing services to eliminate lengthy waits for filed documents. Customers should be aware that if they place the order on a routine basis, depending upon the state, they will not have the opportunity to upgrade the filing to a rush. If in doubt, file on a rush basis. Under no circumstances will (SCF) issue refunds based upon the length of time it took the state filing agency to file a document. Please plan ahead and utilize our rush options.

Cancellation before the order is processed
In the event that the customer chooses to cancel their order before (SCF) begins processing it, we will refund the entire amount less a $22.00 processing fee. (SCF) prides itself in its efficiency and typically begins processing new orders as follows. If the order is received after 10:00 PM Pacific Standard Time (PST), we will typically start processing the order when we open the following day at 9:00 AM PST. Although we do not provide customer service on the weekends, we often process orders that are submitted on Saturday or Sunday the same day we receive them. It is the customer’s responsibility to e-mail us with the statement “cancelmyorder” in the subject line to cancelmyorder@suncorpfilings.com as soon as they make the decision to do so. We do not accept cancellations through live chat on our website or via telephone or fax. E-mail allows us to date and time stamp when the e-mail was sent and it keeps the request in writing. If a customer requests cancellation through any other method other then by sending an e-mail to cancelmyorder@suncorpfilings.com, (SCF) cannot guarantee that the cancellation was received. If the customer attempts to cancel the order through live chat on our website or via telephone or fax, we will direct them to e-mail a cancellation request to cancelmyorder@suncorpfilings.com  Once we receive a cancellation request through proper channels, we will send a confirmation e-mail to the customer stating that we have received the request and that the cancellation is in process. If the customer does not receive a confirmation request within 1 hour, it is possible that we did not receive the request and we suggest that the customer resends the request. We will process the refund within 72 business hours from the date and time stamp found on the e-mail.

Cancellation after the name availability has been processed
Typically, the first service we provide is to check name availability. If during the name availability process a customer does not like the results of the search or wants to cancel the order for other reasons, the customer will be refunded any state fee that has not been used and our service fee less $52.00. We will charge the customer a name availability charge of $30.00 plus a processing fee of $22.00. The customer will also be refunded less any state fee we have incurred. 
No cancellation options after the document has been submitted to the state filing agency
Customers should be aware that once the formation document is sent to the state filing agency by either hand or mail, it cannot be cancelled. Customers should be aware that once the formation document is received by the state filing agency but not yet filed, it cannot be cancelled. Customers should be aware that once the formation document is accepted and filed by the state agency, it can only be cancelled with the state agency by contacting the filing agency to obtain dissolution or cancellation forms and requirements. The decision to form a new entity should not be taken lightly. It is often a one page document to start the entity and a multiple stepped process to end one. Although (SCF) can assist you in dissolving or canceling your entity, you should be aware that there will be additional costs involved.
If at any point, (SCF) makes an error while processing your document, (SCF) agrees to take reasonable steps to amend your document and correct the error(s). We may choose at our sole discretion to refund fees that were paid to (SCF) based on our error. We may agree to pay any statutory fees that are required to remedy the error such as amending the document with the state filing agency. Under no circumstances will we refund statutory and/or state filing agency fees.

NAME AVAILABILITY DISCLAIMER

Sun Corporate Filings, LLC only checks name availability in the state you request. For additional service and state fees, we can check name availablity in as many states as you would like. You should understand that a name can be available in one state and not available in another. Sun Corporate Filings, LLC only checks name availability with the state filing agency and does not compare the name to existing state and federal trademarks or trade names. We make no representation or guarantee that your proposed name does not violate any federal or state statute or another entity's trademark or trade name. It is up to our customers to conduct applicable research regarding potential violations prior to hiring our services.

Although we check name availability with the state agency prior to submitting your document, we make no guarantees that the name will actually be available. In some cases, the representative at the state filing agency mistakenly gives approval for a name that is not actually available. Although rare, filing officers may decide at a later date that your desired name is deceptively similar to another entity name and may refuse to file the document until another name is given. (SCF) is not responsible for such an unfortunate event because it is out of our control. However, (SCF) will do everything in its power to try to remedy the situation.

If the document has already been prepared and submitted to the state filing agency and is rejected because the name is not available, (SCF) will offer the customer the option of choosing a new name. Although (SCF) will not charge any additional service fees, the customer will be responsible for any shipping, correspondent, or state filing agency fees that are required to resubmit a document. If the customer no longer wants to form the entity without the desired name, the customer understands that the filing agency may not refund fees already submitted to them regardless that they originally informed (SCF) that the name was available and it is essentially the fault of the state filing agency. Although this can be unfortunate, this serves notice to all our customers that government agencies are fallible and (SCF) is not responsible for their incompetence. (SCF) will not issue a full refund to the customer under any circumstances after services have been rendered due to displeasure with a state filing agency. However, we will do everything in our power to rectify the situation.

CORPORATE AND LLC KITS

All kits are custom made to our client’s exact specifications. Therefore, no refunds will be issued for corporate or LLC kits. Please double check the information you entered prior to purchasing the kit. In addition, all seal embossers and stock/membership certificates are custom made and no refunds will be issued. If a kit’s packaging is damaged upon arrival, it is the client’s responsibility to notify SCF immediately before opening the package. If the client receives the package in person from the shipping company, it is our client’s responsibility to make the report to the shipping company’s delivery person before accepting the package. If the package has been accepted and opened, our manufacturer has the right to inspect the packaging and the damaged kit prior to sending a replacement. The client agrees to follow all shipping instructions given to them by SCF in order to receive a replacement kit. No refunds will be given if the kit is damaged; only replacement kit parts will be given. If client provides a shipping address outside of the United States, client agrees to pay all customs, taxes, or other fees associated with their order. Clients that provide a shipping address outside of the United State will be responsible for additional shipping costs.

SHIPPING

SCF ships most orders except corporate supplies via Federal Express. All orders sent via Federal Express will require a signature to release the package. If our client has a signature release on file with Federal Express or any other professional shipping company that we use, the client is completely liable for the package after the shipping company delivers it. SCF will not be responsible for stolen packages due to a client having a release signature on file. Please notify Federal Express directly to dispute any lost or stolen packages if they were left per your instruction and/or signature release. SCF will not spend time investigating any claims of lost or stolen packages that were released to the client based on the client’s release signature. Corporate supplies including kits, embossers and certificates may be shipped using FedEx, DHL, Airborne, UPS, or another shipping professional shipping company that will require a signature to release the package. If the client has a signature release on file with the shipping company, the client is completely liable for the package after the shipping company delivers it. SCF or the manufacturer will not be responsible for stolen packages due to the client having a release signature on file. Please notify the shipping company directly to dispute any lost or stolen packages if they were left per your instruction and/or signature release. SCF will not spend time investigating any claims of lost or stolen packages that were released to the client based on the client’s release signature.

It is our client’s responsibility to provide an address that they or their representative will be present during business hours, Monday through Friday. Clients may be charged additional fees if they fail to provide a correct address or cause a shipping company to repeatedly attempt delivery or return the package back to SCF or in the case of corporate supplies; the manufacturer. The client will be charged any fees imposed upon SCF by the shipping company. The client may also be responsible for a processing fee based at the sole discretion of SCF. If the client does not have an address that is suitable, the client must contact SCF prior to placing the order. SCF will request that the shipping company “hold” the package at the shipping company’s office located near the client. The client will be informed when the package has arrived at the holding location. Under no circumstance will SCF refund shipping fees if the client does not provide an address that is suitable based on the sole discretion of the shipping company. If the client refuses a package, the client will be fully responsible to pay any additional shipping charges associated with the return. If the client decides they want the package after it has been refused, the client will be responsible for any additional shipping fees associated with the redelivery of the item. Under no circumstance will SCF refund any shipping fees based on the shipping company’s inability to deliver a package based on the information the client provided to SCF.

If a shipping company delivers a package late due to inclement weather or an error on their part, it will be the shipping company’s sole discretion to offer a discount or refund their shipping fees based on their delayed delivery failure. If the client is told verbally by the shipping company’s representative that their shipment qualifies for a refund due to delay in shipping or failure on the part of the shipping company, the client must obtain the admission in writing. Without a written admission, SCF is under no obligation to spend the time investigating the claim made by the client. In addition, SCF will not refund any shipping fees without a written admission by the shipping company stating that SCF or in the case of corporate supplies, the manufacturer will not be charged for delivery fees. Every professional shipping company provides a tracking number. SCF will use the tracking number to verify actual delivery time and date. Most tracking numbers can be entered on the shipping company’s website to verify the package’s movement to the exact minute of deliver. Also included is shipping and deliver times and dates, attempted delivery time and dates, package refusal time and date, wrong or incomplete addresses, and the person’s name who signed for the delivery. SCF is under no obligation to investigate claims made by the client that the shipping company’s delivery time and date are different from that which are linked to the tracking number. Please be advised that it is very rare to have a problem with a professional shipping company. In the event that it does occur, please follow our terms and conditions to resolve the problem.

Clients that provide a shipping address outside of the United State will be responsible for additional shipping costs that may include custom's fees, taxes/tariffs, or other fees imposed by their country. All shipping fees on our website are for addresses in the United States of America.

TESTIMONIALS

We are always happy to receive feedback from our clients and we often include a customer survey with completed orders. By giving Sun Corporate Filings, LLC feedback, you give us permission to use your testimonial, name, and company's name on our website or any other company materials. Some materials will be used for advertising and by approving to our terms and conditions, you understand that you will not receive any compensation, monetary or otherwise for your testimonial and/or endorsement. Testimonials and endorsements are defined as any feedback received verbally such as “You have done a great job!” “The whole process was handled very well and I am very happy with the services you have provided!” or by e-mail, by letter, by mail, in writing, in a voice mail, through our contact form, in the comments section of the order form or any other means of communication.

MISCELLANEOUS

This Agreement incorporates by reference the Site Submission Rules if this site allows posting and posts such Rules. This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of the Company.  If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law.  User shall not assign or transfer this Agreement and any such transfer shall be void.