This document constitutes the terms and conditions governing your relationship with, and use of the services provided by, Secure CTA Filing LLC (the “Terms of Use”).

The terms “Secure CTA Filing”, “we”, “us” and “our” refers to Secure CTA Filing LLC and its current and future subsidiaries and affiliates, and the terms “you,” “your” or “user” refers to the end users of the Services (defined below) as authorized by these Terms of Use.

The term “Services” means this website and any other content, applications, features, functionality, information and services offered by Secure CTA Filing through this website and any links provided in connection with streamlining your compliance with the Corporate Transparency Act (“CTA”).

These Terms of Use define the terms of engagement between you and Secure CTA Filing and is a legally binding agreement.  By accessing or using the Services, or by otherwise accepting these Terms of Use, you (an individual or entity) agree to the terms and conditions set forth in these Terms of Use. Prior to using the Services we encourage you to carefully review these Terms of Use. Your failure to agree to, or your violation of, these Terms of Use may result in the revocation of your access to the Services.

These Terms of Use and/or the Services may be changed at any time and notice of such changes shall be given by posting updated Terms of Use on this website or otherwise through the Services, with an indication of when it was “Last Updated.” Your continued use of the Services after any such change will constitute acceptance of the updated Terms of Use.

THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 13 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. IT PROHIBITS JURY TRIALS, ANY OTHER COURT PROCEEDINGS AND CLASS ACTIONS OF ANY KIND.

1. Services Provided

Secure CTA Filing provides Services for the limited purposes of assisting users with the preparation and submission of Beneficial Ownership Information Reports (“BOI Reports”) required by the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) under the authority of the CTA.  Subject to and pursuant to the terms of an accepted Order (as defined herein) and these Terms of Use, Secure CTA Filing hereby grants user a limited, non-exclusive, non-transferable and revocable license to access and use this website and other Services provided by us subject to these Terms of Use.

Secure CTA Filing is not providing, and the Services do not include, legal advice or legal services.  By utilizing the Services, it is expressly acknowledged and agreed that no fiduciary or advisory relationship is established between Secure CTA Filing, on one side, and user and any Reporting Company (defined below) on the other side. You are solely responsible for your decisions, and Secure CTA Filing assumes no responsibility for the consequences of those decisions. Legal services are available through our affiliated law firm, Schwartz Ettenger, PLLC (“SE”), only upon entering into a formal Engagement Agreement directly with SE.

2. Submission of BOI Reports

Secure CTA Filing provides tools to assist with the preparation and submission of BOI Reports to FinCEN. Secure CTA Filing does not, and cannot, assure that BOI Reports submitted through the Services will be accepted by FinCEN, nor that BOI Reports successfully submitted through our Services is in compliance with the CTA and corresponding reporting obligations of the individual (“Beneficial Owners”) or entity (the “Reporting Company”) for which the BOI Report is submitted.

You are responsible for the accuracy of information that you provide through the Services. Secure CTA Filing does not independently verify the accuracy of any information provided. Additionally, you are required to, and hereby represent that you, have complied with and are in compliance with all applicable laws, including data privacy laws, and any restrictive agreements such as confidentiality agreements, in sharing any personal information through the Services.

By submitting information to Secure CTA Filing, you represent that you have the proper authorization of the Reporting Company to submit the BOI Report with the information included. You agree that Secure CTA Filing may submit the BOI Report to FinCEN on the behalf of the Reporting Company.  You further grant Secure CTA Filing the right to access, reproduce, utilize, store and process all information provided, including beneficial ownership information and other personal details in accordance with our Privacy Policy.

3. Orders and Payment

Certain aspects of the Services are paid features. You may request to purchase such paid features using the applicable order forms on the website (an “Order”). Payment is required upon submission of an Order, however, Orders are non-binding and may be canceled prior to acceptance by Secure CTA Filing at its sole discretion. Prices and availability of levels of Service on the website or otherwise communicated through the Services are subject to change upon reasonable notice. Once Secure CTA Filing has confirmed acceptance of your Order, your Order is a binding agreement to pay for the requested Services.  All fees paid are non-refundable unless explicitly stated otherwise. Once filing of a BOI Report is completed there are no refunds. 

4. Account Registration

Certain features or functionality of the Services require that you create an account with Secure CTA Filing (“Account”). In order to create an Account you will need to provide us with certain information, including, but not limited to, your name, mailing address, payment information, email address and telephone number. You represent and agree that all of the information you provide to us will be true and complete. You agree to keep any Account information current and up to date, to keep your Secure CTA Filing username and password confidential, and to access the Services from devices that have up-to-date operating systems and security software. You agree not to share your Account with any other person. You will be responsible for all purchases made, and other activity that occurs, through your Account.

You are exclusively accountable for upholding the confidentiality and security of your Account, including all activities conducted on or through it. You should promptly inform us of any security breaches concerning your Account. We are not liable for losses resulting from unauthorized account access or usage. You assume responsibility for all actions associated with your Account, encompassing activities conducted by your employees, owners, officers, directors, contractors, subsidiaries, vendors and third-party agents.

5. Proprietary Rights

The Services contain valuable trademarks and service marks owned by Secure CTA Filing or other content providers. All content on the Services (including, for example, text, designs, graphics, logos, icons, images, audio and video clips, downloads, interfaces, information, code and software, and the selection and manner of compilation and presentation), is owned by Secure CTA Filing, other content providers, or their licensors, and may be protected by copyright, trademark and other applicable laws.

Your access to, and use of, the Services does not grant you any ownership interest, license or right to use any trademark, logo or service mark displayed on the Services. Secure CTA Filing, other content providers and their licensors, retain full and complete title to and reserve all rights in the material on the Services, including all associated intellectual property rights. Secure CTA Filing neither warrants nor represents that your use of materials on the Services will not infringe rights of third parties.

Any unpermitted use of the intellectual property included as part of the Services, including, without limitation, the modification, distribution, transmission, performance, publication, uploading, licensing, reverse engineering, transfer, sale of or the creation of derivative works from any material, information, software, products or services obtained from the Services, or use of the Services or any content on the Services for purposes competitive with Secure CTA Filing or for other commercial purposes, is expressly prohibited. You agree to abide by all additional restrictions included as part of the Services, as they may be updated from time to time.

6. Acceptable Use of the Services

As a condition of your license to use and access the Services, you agree that you will not do any of the following:

      - Use the Services if you are under the age of 18 or otherwise unable to enter into legally binding agreements;

      - Share any Account or password with others;

      - Use the Services unlawfully or for an unlawful purpose;

-  Provide, post, upload or transmit any content that is illegal, abusive, defamatory, threatening, harassing, obscene, vulgar, racist or which constitutes hate speech;

      - Use the Services in a manner that is fraudulent or deceptive;

   -  Fail to pay for Services purchased;

      -  Impersonate another, misrepresent or falsely identify yourself;

     -  Use any device, software or routine to interfere or attempt to interfere with the proper working of the Services;

     -  Take any action that imposes an unreasonable or disproportionately large load on Secure CTA Filing’s servers; or

     -  Use any robot, spider or other automatic device or a manual process, to collect or harvest information about users or Services for sale.

7. Refund Policy

All sales of the Services are final. Secure CTA Filing does not offer refunds, except to correct billing errors, including charges for Services that are not delivered. By making a purchase through our website, you are agreeing to this refund policy.

8. Disclaimer of Warranties

(a) THE SERVICES ARE PROVIDED “AS IS”. TO THE EXTENT PERMITTED UNDER UNDER APPLICABLE LAW, SECURE CTA FILING MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL WARRANTIES.  NEITHER SECURE CTA FILING NOR ANY INDIVIDUAL ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION REGARDING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. SECURE CTA FILING DOES NOT WARRANT THAT THE SERVICES OR ANY MATERIALS OBTAINED THROUGH THEM WILL BE ERROR-FREE, UNINTERRUPTED OR FREE FROM DEFECTS. SECURE CTA FILING ALSO DOES NOT WARRANT THAT THE SERVICES OR THE SERVER MAKING THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DOES SECURE CTA FILING WARRANT THAT THE SERVICES OR ANY MATERIALS OBTAINED THROUGH THEM WILL MEET YOUR NEEDS OR EXPECTATIONS.

(b) Secure CTA Filing does not make any representations or warranties about BOI Reports, including without limitation that a BOI Report is complete, accurate, acceptable, filed on a timely basis or compliant with pertinent rules and laws. Therefore, on behalf of each Reporting Company to which an Order relates submitted by you, Secure CTA Filing is hereby released from all liability relating to any claims related to the BOI Reports.

9. Limitation of Liability

(a) IN NO EVENT SHALL SECURE CTA FILING BE LIABLE TO USER OR A REPORTING COMPANY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, REMOTE OR OTHER SIMILAR DAMAGES, HOWEVER CAUSED. THIS INCLUDES DAMAGES ARISING THROUGH THE USE OF THE WEBSITE, TECHNOLOGY OR THE PROVISION OF THE SERVICES, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA), EVEN IF SECURE CTA FILING IS AWARE OR HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE TOTAL LIABILITY OF SECURE CTA FILING, ALONG WITH ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MEMBERS, OFFICERS AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE LEGAL BASIS OF THE CLAIM, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE TOTAL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM USER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO SUCH CLAIM AS TO THE REPORTING COMPANY TO WHICH A CLAIM RELATES.

(c) The Services may contain links to third-party websites or services that we do not own or control. You may also need to use a third party’s product or service in order to use some of our Services. When you access these third-party services, you do so at your own risk. Secure CTA Filing makes no claim and accepts no responsibility regarding the quality, nature or reliability of the third-party websites or services. The third parties may require you to accept their own terms of use. Secure CTA Filing is not a party to those agreements; they are solely between you and the third party.

10. Indemnification

User agrees, on its own behalf, and on behalf of each Reporting Company, jointly and severally, to the fullest extent permitted by applicable law, to indemnify, defend and hold harmless Secure CTA Filing and its subsidiaries and affiliates, and as to each, their members, officers, directors, employees, contractors, agents, licensors, service or third party providers, subcontractors and suppliers, from and against, any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising out of or relating to (i) your violation of these Terms of Use; (ii) your access to, or use of, the Services; (iii) your violation of applicable laws, rules or regulations; or (iv) your infringement of the rights of a third party.

Secure CTA Filing reserves the right, at your expense, to assume exclusive defense and control of any matter subject to indemnification by you and, in any case, you agree to cooperate with Secure CTA Filing if and as requested by Secure CTA Filing in the defense of such matter.  The provisions in this section will remain even after the termination of your account or your access to the Services.

11. System Outages

System outages may occur from time to time. You agree that Secure CTA Filing has no responsibility and is not liable for: (i) the unavailability of any of the Services; (ii) any loss of data, information or materials caused by such system outages; (iii) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (iv) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Services, any internet service providers or otherwise.

12. Termination

If you have an Account with Secure CTA Filing, you may terminate your Account at any time through your Account settings or contacting us by email or mail using the contact information under the “Contact Us” section included on our website. If you delete your Account, your personal information, and the information of the Reporting Company and Beneficial Owners (name, phone number, address, email, IDs, documents, etc.), will be deleted permanently and will not be able to be recovered. Once deleted, you will not be able to reactivate your Account.

Secure CTA Filing may close your Account and/or cease to permit you to purchase paid features of the Services, at any time in our sole discretion and without prior notice to you, including if we believe you are using the Services in a manner not intended by us or in a way that violates our Terms of Use, or for any other reason. In no case will closure of your Account by Secure CTA Filing, or reduction of your access to the Services, waive or affect any other right or relief to which Secure CTA Filing may be entitled.

We may change, suspend or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you.

13. Resolution of Disputes

We hope there will not to be any disputes, but if there are, and we are unable to resolve them with you, the following provisions will govern the resolution of any such legal disputes.

(a)  Choice of Law. The Terms of Use shall be governed by the laws of the State of New York without regard to its conflict of law provisions.

(b) Waiver. All PARTIES AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.

(c)  Good Faith Negotiations. The parties commit to resolving disputes arising from or related to the use of the Services through diligent and good-faith negotiations. Prior to commencing arbitration, the aggrieved party will give the other party at least 60-days’ advanced written notice of its intent to file for arbitration. Secure CTA Filing will provide such notice by email to your email address on file, and you must provide such notice by contacting us by email or mail using the contact information under the “Contact Us” section below. During such 60-day notice period, the parties will endeavor to amicably settle any disputes through mutual discussions. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. ,

(d) Arbitration. Any controversy or claim arising out of or relating to these Terms of Use or the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”). Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in the state of New York,  County of Nassau, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either Secure CTA Filing or you may seek any interim or preliminary relief from a court of competent jurisdiction in the state of New York,  County of Nassau, as necessary to protect the rights or property of you or Secure CTA Filing.

(e)  Attorneys Fees. The prevailing party is entitled to an award of reasonable attorney fees, determined by the arbitrator.

14. Electronic Communications

You consent to receive communications from Secure CTA Filing, including notices and disclosures, by email, SMS messages, mobile push notices or other forms of electronic means.  These communications will be sent to the email address provided during registration or subsequent updates. You acknowledge and agree that such electronic communications, whether posted on our website or delivered via email, constitute effective and timely notice, and will be deemed received on the day of transmission. It is your responsibility to maintain an accurate and current email address for communication purposes.

15. Communications and Content You Submit

With regard to communications between you and Secure CTA Filing that are not directly related to BOI Report submissions, including but not limited to questions, comments and suggestions: (i) you will have no right to confidentiality in your communications and Secure CTA Filing will have no obligation to protect your communications from disclosure; (ii) Secure CTA Filing will be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) Secure CTA Filing will be free to use any ideas, concepts, know-how or content contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.

16. Privacy Policy

Your privacy is important to us. Our Privacy Policy is available on our website and should be reviewed.  It details how information is collected and used in connection with the use of our Services. By using our Services, you are consenting to the collection, use, disclosure, and other handling of your information as described in our Privacy Policy (which is subject to updating from time to time), which is incorporated into these Terms of Use and also governs the use of the Services.

17. Reporting Unauthorized Content

If you believe in good faith that any content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us by email or mail using the contact information under the “Contact Us” section below, pursuant to the Digital Millennium Copyright Act of 1998. Your notice must include: (i) identification in sufficient detail of the copyrighted work that you claim has been infringed; (ii) identification of the URL or other specific location on the Services that contains the material that you claim to be infringing your copyright; (iv) the electronic or physical signature of the owner of the copyright or a person authorized to act on the copyright owner’s behalf; (v) a statement that you have a good faith belief that use of the material on the Services is not authorized by the copyright owner or its agent or the law; and (vi) a statement that you swear under penalty of perjury that the information contained in your notice is accurate and that you are the copyright owner or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If your content is alleged to infringe on another person’s intellectual property, we will take appropriate action, such as disabling it if we receive proper notice, terminating your Account, and/or ceasing your use of our Services. You will have an opportunity to file a counter notification if you believe that your content has been removed because of a mistake.

18. Miscellaneous

(a)  No Waiver. Failure by Secure CTA Filing to exercise or enforce any right or provision of the Terms of Use will not be deemed to be a waiver of such right or provision.

(b) Entire Agreement. These Terms of Use, together with the Privacy Policy and Order, and any amendments and additional agreements you might enter with Secure CTA Filing in connection with our Services, shall constitute the entire agreement between you and Secure CTA Filing concerning the Services, and shall supersede any prior agreements regarding the Services.

(c)  Severability. If any provision of these Terms of Use is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the other provisions of these Terms of Use shall remain in full force and effect.

(d) Limitation of Claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose otherwise that claim or cause of action will be barred forever.

(e)  Force Majeure.  Neither party shall be held liable for any failure or delay in performance under these Terms of Use to the extent such failure or delay is caused by acts of G-d, natural disasters, act of government, power outages, cyber attacks or any other event beyond the reasonable control of the affected party (each a "Force Majeure Event"). If a Force Majeure Event occurs, the affected party will promptly notify the other party who will make commercially reasonable efforts to resume performance as soon as possible. If the Force Majeure Event continues for an extended period (e.g., more than 30 days), either party may terminate these Terms of Use without liability, and payment for any unperformed Services will be refunded to you.  The obligations accruing prior to the Force Majeure Event shall survive any such termination.

(f)   Contact Us.  If you have any questions about these Terms of use or otherwise need to contact Secure CTA LLC for any reason, you can reach us at SecureCTAFiling.com

(g)  Survival. These Terms of Use will remain in effect even after your access to the Services is terminated, or your use of the Services ends.

 * WE ARE NOT A LAW, ACCOUNTING OR OTHER PROFESSIONAL FIRM. NOR ARE WE A GOVERNMENTAL, REGULATORY AGENCY OR GROUP. SECURE CTA FILING DOES NOT PROVIDE LEGAL OR PROFESSIONAL ADVICE AND ANY INFORMATION PROVIDED ON THE WEBSITE SHOULD NOT BE CONSTRUED AS SUCH. USERS ARE ENCOURAGED TO SEEK INDEPENDENT LEGAL OR OTHER PROFESSIONAL ADVICE FOR THEIR SPECIFIC CIRCUMSTANCES WHEN NECESSARY.