TERMS & CONDITIONS OF PURCHASE

Effective Date: December 2020
Site(s) Covered: www.TheStartupDox.com

THE AGREEMENT: The purchase and use of the products and services on the aforementioned Websites (“Website”) provided by Selvarajah Law P.C. d/b/a The Startup Dox (hereinafter referred to as “Law Firm”) are subject to the following Terms & Conditions of Purchase (the “Agreement”), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all Websites referenced above and any subsequent transactions by Law Firm for any services provided by or on this Website (“Services”).

 

1) DEFINITIONS

The parties and definitions referred to in this Agreement shall be as follows:

a) Law Firm, Us, We: The Law Firm, as the creator, operator, and publisher of the Website, makes the Website, and certain Services on it, available to users. Law Firm, Us, We, Our, Ours and other first- person pronouns will refer to the Law Firm, as well as all employees and affiliates of the Law Firm.

b) You, the User, the Client: You, as the user of the Website, will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or Client.

c) Parties: Collectively, the parties to this Agreement (the Law Firm and You) will be referred to as Parties.

d) Documents: The Documents available for purchase on the Website for immediate use by the User, and subsequent legal review by the Law Firm.

e) Corporate Formations: The corporate filing and formations available for purchase on the Website by the User, and the subsequent legal filing and review by the Law Firm.

f) Limited Legal Representation: The formal limited legal representation agreement between the Law Firm (Selvarajah Law P.C.) and the User for the limited legal scope and time of the engagement for the Documents and/or Corporate Formations for purchase on the Website.

 
2) ACKNOWLEDGEMENT & ACCEPTANCE OF LIMITED REPRESENTATION AGREEMENT.
You agree that by purchasing a document or corporate formation filing through the Website, You agree and acknowledge that You have read and agreed to the following Limited Representation Agreement by the law firm, Selvarajah Law PC (the “Law Firm”), for the specific legal representation of You for the review of contractual documents and/or Corporate formation filings purchased by you, through the Website, only.

If You do not agree to be bound by this Limited Representation Agreement, please leave this Website immediately. The Law Firm only agrees to provide use of this Website and Services to You if You assent to this Limited Representation Agreement.

I confirm and agree to the following:

1. I am:

a. a resident of the Commonwealth of Massachusetts OR State of New York; AND/OR

b. own/operate a business with a principal place of business within the Commonwealth of Massachusetts OR State of New York; AND/OR

c. the owner of a corporate entity within the Commonwealth of Massachusetts or State of New York.

2. Scope of Representation. I, my business, my partner(s) (collectively “I” or “me” “ Client”), hereby retain the law office, Selvarajah Law P.C., (hereafter “Law Firm”) to provide me with limited legal representation on the terms set forth below. I understand and agree that this representation is limited both in scope and time. With respect to the scope of this legal representation, the only task that I am asking the Law Firm to perform for me, and the only legal task that the Law Firm is agreeing to perform for me, is to provide legal business documents that I have designated by purchase via the Website. I agree and confirm that upon the receipt of my completed documents and/or corporate formation filing, the Law Firm’s legal representation of my matter has been completed and the Law Firm owes no further legal obligation or representation, unless I engage the Law Firm again for new engagement items and a new letter of representation and scope.

3. Further Legal Representation. If further legal assistance is needed beyond the scope of this Limited Representation Agreement, then I agree to negotiate new terms on another Agreement in writing with the Law Firm. I understand and agree that the Law Firm’s representation of me will last only for a very limited period of time, and that after I have received the purchased documents and/or Corporate formation filing, the Law Firm will owe me no further duty to advise me or to take any action of any kind on my behalf. By entering into this agreement, I understand and agree that the Law Firm is not agreeing to any further or future representation of me by the Law Firm, and no such further or future representation is included as a part of this limited representation.

4. Payment & Delivery of Services. I agree that this is a flat fee legal matter. I agree that I will receive my final documents and/or company filing documents only after I have submitted adequate payment that has been received by the Law Firm. I agree that I am responsible for all legal fees associated with this matter.

5. Document Delivery and Information. I agree and understand that my legal matter is dependent upon my effective conveyance of all necessary information required for this transaction to be completed by the Law Firm. I authorize the Law Firm to review and edit documents in furtherance of this limited representation including but not limited filings with the designated Secretary of State and formation of documents including any Operating or Shareholders Agreement. I agree to have all finalized and accepted documents by the Secretary of State, delivered directly to my designated email or physical address only, and not to the Law firm’s mailing or email address.

6. Requested Information. I agree that I am still responsible for fulfilling the terms of this Agreement. I understand and agree that, while performing the limited legal service called for under this agreement, the Law Firm: (i) has relied entirely on the facts and information given to the Law Firm and will not make any independent investigation of the facts. My responsibilities are as follows: a) To inform the Law Firm of ALL pertinent and relevant information immediately to fulfill the purpose of this Agreement. b) Cooperate with the Law Firm, (Law Firm’s office), other Members by complying with all reasonable requests for information in connection with this transaction for which Law Firm is requesting services. c) Review and evaluate all information provided by the Law Firm. d) Immediately notify the Law Firm of any changes of work, home addresses or telephone numbers.

7. DOCUMENT SPECIFIC PROVISIONS
I agree that upon purchase, I have unlimited time to create and use my document via my Startup Dox purchase link. I also acknowledge that I only have fourteen (14) days from the date of my purchase for me to submit your completed document for the complimentary review by the Law Firm. (Ex: Date of Purchase: January 1. Final date for document submission: January 15). If I do not submit my completed document for review within the fourteen (14) day allotment, I will forego my complimentary legal review session and must re-engage the Law Firm separately to review my document for another legal fee and engagement.

8. FILING/FORMATION SPECIFIC PROVISIONS
Law Firm filing and formation in Massachusetts and New York. Upon purchase and submission of the filing fees, I agree that I must submit all requested information by the Law Firm, via my Startup Dox purchase link and book my Complimentary Formation call before my Company is filed by the Law Firm. I acknowledge that I only have fourteen (14) days from the date of purchase for me to submit my information for my Company Filing by the Law Firm. I also acknowledge that the Law Firm will NOT file my Company unless I have submitted my information, booked and attended my Complimentary Formation Call. I agree that if I do not submit the information, nor attend my Complimentary Formation Call, then I forfeit all filing fees and formation fees, and is thereby subject to the Law Firm’s schedule for filing, forthwith.

9. Confidentiality & Law Firm-Client Relationship. This Limited Legal Representation Agreement shall become effective upon my acceptance of the larger Website Terms of Purchase. My acceptance of this Limited Legal Representation Agreement will result in a Attorney-Client relationship being established between the Law Firm and me. I acknowledge and understand that, in connection with my assent, the Law Firm has also agreed to protect the confidentiality of any confidential client information and any Attorney-client privileged information contained in this legal matter and in the Law Firm’s communications to me.

10. Jurisdiction & General Provisions. This Agreement may not be assigned by either party without the prior written consent of the other party. This Agreement shall inure to the benefit of and be binding upon the respective heirs, executors, administrators, successors and permitted assigns of the parties hereto. This Agreement may not be changed, modified, released, discharged, abandoned, or otherwise amended, in whole or in part, except by an instrument in writing, signed by the parties hereto. This Agreement shall be governed by the laws of the jurisdiction(s) in which the Law Firm is licensed to practice law and where my business and/or I reside (NEW YORK OR MASSACHUSETTS ONLY). This Agreement contains the entire understanding and agreement between Law Firm and I with respect to the limited scope legal representation being provided.

11. I HAVE READ THIS LIMITED ATTORNEY-CLIENT REPRESENTATION AGREEMENT AND THOROUGHLY UNDERSTAND AND ACCEPT ITS CONDITIONS. I UNDERSTAND THAT, IF I HAVE ANY QUESTIONS, CONCERNS, OR UNCERTAINTY ABOUT THE TERMS AND CONDITIONS OF THIS AGREEMENT, I CAN AND SHOULD ASK QUESTIONS AND HAVE THEM RESOLVED BEFORE ACCEPTING THIS AGREEMENT.

 

3) AGE RESTRICTION

You must be at least eighteen (18) years of age to use this Website or purchase any Services contained herein. By using this Website, You represent and warrant that You are at least eighteen (18) years of age and may legally agree to this Agreement. The Law Firm assumes no responsibility or liability for any misrepresentation of Your age.

 

4) LICENSE TO USE WEBSITE

The Law Firm may provide You with certain information as a result of Your use of the Website or Services. Such information may include, but is not limited to, documentation, data, or information developed by the Law Firm, and other materials which may assist in Your use of the Website or Services (“Law Firm Materials”). Subject to this Agreement, the Law Firm grants You a non-exclusive, limited, non-transferable and revocable license to use the Law Firm Materials solely in connection with Your use of the Website and Services. The Law Firm Materials may not be used for any other purpose, and this license terminates upon Your cessation of use of the Website or Services or at the termination of this Agreement.

 

5) INTELLECTUAL PROPERTY

You agree that the Website and all Services provided by the Law Firm are the property of the Law Firm, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Law Firm IP”). You agree that the Law Firm owns all right, title and interest in and to the Law Firm IP and that You will not use the Law Firm IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Law Firm IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Law Firm.

a) In order to make the Website and Services available to You, You hereby grant the Law Firm a royalty- free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content You publish, upload, or otherwise make available to the Website (“Your Content”). The Law Firm claims no further proprietary rights in Your Content.

b) If You feel that any of Your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of Our users, please contact us and let us know.

c) You agree that to the best of our knowledge any materials or intellectual property created are original and do not infringe upon the intellectual property rights of others.

 

6) USER OBLIGATIONS

As a user of the Website or Services, You may be asked to register with us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including, but not limited to: Your name and your phone number. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Website and receive any purchased Services. You must not share such identifying information with any third party, and if You discover that Your identifying information has been compromised, You agree to notify us immediately in writing at info@selvalaw.com. Email notification will suffice. You are responsible for maintaining the safety and security of Your identifying information as well as keeping the Law Firm apprised of any changes to Your identifying information. Providing false or inaccurate information, or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of this and any inherent Agreements.

 

7) ACCEPTABLE USE

You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Law Firm.

a) You further agree not to use the Website or Services:

I) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;

II) To violate any intellectual property rights of the Law Firm or any third party;

III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;

IV) To perpetrate any fraud;

V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;

VI) To publish or distribute any obscene or defamatory material;

VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;

VIII) To unlawfully gather information about others.

VIX) As an unauthorized reseller or distributor of our goods and services

VX) To copy, duplicate and disseminate any and all teaching material to any other third parties.

 

8) THIRD-PARTY LINKS & CONTENT

The Law Firm may occasionally post links to third party Websites or other services. You agree that the Law Firm is not responsible or liable for any loss or damage caused as a result of Your use of any third party services linked to from our Website.

 

9) THIRD PARTY SALES

The Law Firm may sell services or allow third parties to sell goods or services on the Website. The Law Firm undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, the Law Firm does not guarantee the accuracy or reliability of any product information, and You acknowledge and agree that You purchase such products at Your own risk. For goods or services sold by others, the Law Firm assumes no liability for any product and cannot make any warranties about the merchantability, fitness, quality, safety or legality of these products. For any claim You may have against the manufacturer or seller of the product, You agree to pursue that claim directly with the manufacturer or seller and not with the Law Firm. You hereby release the Law Firm from any claims related to goods or services manufactured or sold by third parties, including any and all warranty or product liability claims.

 

10) PURCHASES/PAYMENTS/REFUNDS
PURCHASES AND PAYMENT

We accept the following forms of payment: Visa, Amex, Mastercard, Bank ACH Transfer. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website’s payment processor. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Credit Card processing fees will be added to the price of purchases as deemed required by us. We may change prices at any time and without any notice to you prior to your purchase. All payments shall be in U.S. dollars.

We reserve the right to end sales early and reject promotional codes.

You agree to pay all charges at the prices then in effect for your purchases and any applicable state filing fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any purchase order placed through the Website. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors or unauthorized persons.

RETURN/REFUNDS POLICY

Please review our Return Policy posted on the Website prior to making any purchases. Our return policy can be described as following:

Documents: Due to the digital nature of our products and services on the Website, there are no refunds. Upon purchase, you agree that you have unlimited time to create your document via your Startup DOX purchase link. However, you acknowledge that you only have fourteen (14) days from the date of purchase for you to submit your completed document for the complimentary review by the Law Firm (Ex: Date of Purchase: January 1. Final date for document submission: January 15). If you do not submit your completed document for review within the fourteen (14) day allotment, you will forego your complimentary legal review and must re-engage the Law Firm separately to review your document for a higher fee.

Law Firm filing and formation in Massachusetts and New York Upon purchase and submission of the filing fees, You agree that you must submit all requested information by the Law Firm, via your Startup Dox purchase link and book your Complimentary Formation call before your Company is filed by the Law Firm. You acknowledge that you only have fourteen (14) days from the date of purchase for you to submit your information for your Company to be filed by the Law Firm. You also acknowledge that the Law Firm will NOT file your Company unless you have submitted your information, booked and attended your Complimentary Formation Call. You also agree that if you do not submit the information, nor attend your Complimentary Formation Call, then you forfeit all filing fees and formation fees, and is therefore subject to the Law Firm’s schedule for filing, forthwith.

A. For the sale of services, We will charge Your preferred payment method (credit/debit card or ACH Transfer) at the time You place the order.

B. If you cancel your order for the sale of services before your payment method has been initiated, your order will be subject to any fees that we incur on your behalf due to your cancellation. For any questions, concerns, or disputes, You agree to contact us in a timely manner at the following address: info@selvalaw.com.

We also may request additional information from You prior to confirming your purchase, and We reserve the right to place any additional restrictions on the sale of any of our products and filing services. You agree to ensure payment for any items You may purchase from Us, and You acknowledge and affirm that prices are subject to change. You agree to monitor Your method of payment. Filing costs and dates are subject to change from the costs and dates that You are quoted due to unforeseen circumstances.

 
11) TERM, TERMINATION & SUSPENSION

The Law Firm may terminate this Agreement with You at any time for any reason, with or without cause. The Law Firm specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Law Firm or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with us, You may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

 
12) ASSUMPTION OF RISK

The Website and Services are provided for communication purposes only. You acknowledge and agree that any information posted on Our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between You and the Law Firm until you have consented to the Limited Representation Agreement and agree to the provisions detailed within. You further agree that Your purchase of any of the products on the Website is at Your own risk. The Law Firm does not assume responsibility or liability for any advice or other information given on the Website.

 

13) DATA LOSS

The Law Firm does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.

 

14) INDEMNIFICATION

You agree to defend and indemnify the Law Firm and any of its affiliates (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable Law Firm’s fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of this Agreement, or Your conduct or actions. You agree that the Law Firm shall be able to select its own legal counsel and may participate in its own defense, if the Law Firm wishes.

 

15) NO WARRANTIES

You agree that Your use of the Website and Services is at Your sole and exclusive risk and that any Services provided by Us are on an “As Is” basis. The Law Firm hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Law Firm makes no warranties that the Website or Services will meet Your needs or that the Website or Services will be uninterrupted, error-free, or secure. The Law Firm also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the Website or Services is Your sole responsibility and that the Law Firm is not liable for any such damage or loss.

 

16) LIMITATION ON LIABILITY

The Law Firm is not liable for any damages that may occur to You as a result of Your use of the Website or Services or any purchases made on the Website, to the fullest extent permitted by law. You agree to abide by any local, state, provincial, national and other laws, rules and regulations. The maximum liability of the Law Firm arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount You paid to the Law Firm in the last six (6) months. This section applies to any and all claims by You, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

17) REVERSE ENGINEERING & SECURITY

You agree not to undertake any of the following actions:

a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;

b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

 

18) SPAM POLICY

You are strictly prohibited from using the Website or any of the Law Firm’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

 
19) SERVICE INTERRUPTIONS

The Law Firm may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Law Firm shall have no liability for any damage or loss caused as a result of such downtime.

 

20) GENERAL PROVISIONS:

a) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.

b) JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Website, You agree that the laws of the Commonwealth of Massachusetts shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and the Law Firm, with the exception of its conflict of law provisions. Through the use of our Startup Dox Products and Services that require signature of the Limited Representation Agreement, You agree that the laws of either the Commonwealth of Massachusetts or State of New York, whichever applies to your matter, shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and the Law Firm, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Suffolk. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.

c) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Suffolk, Massachusetts. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the Commonwealth of Massachusetts. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Law Firm will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.

d) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You.

e) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.

f) NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.

g) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.

h) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.

i) FORCE MAJEURE: The Law Firm is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

j) CALIFORNIA USERS AND RESIDENTS: If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

 

21) MODIFICATION & VARIATION

The Law Firm may, from time to time and at any time without notice to You, modify this Agreement. You agree that the Law Firm has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

a) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Website after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.

b) In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.

 

23) ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website. By purchasing a Product from our Website, you have implicitly agreed to the inclusive, Limited Representation agreement between the Law Firm and you.

24) ELECTRONIC COMMUNICATIONS PERMITTED:

Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please contact us at the following address: One Boston Place, Suite 2600, Boston, MA 02108, USA, or via email at: info@selvalaw.com.