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Terms of Service

The following terms and conditions (the “Terms” or “Agreement”) govern all use of the IncReg website (the “website”), the products and Services made available on or through the website (collectively, the “Service”). The Service is owned and operated by IncReg LLC. (“IncReg”). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other rules, policies and procedures that may be made available on the Service from time to time.

These Terms, together with the privacy policy available at (“Privacy Policy”), limited warranty available at (“Limited Warranty”), and other additional agreements referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the “Agreement.”

Certain services that we provide to you may be subject to additional terms and such additional terms will be presented to you when you make use of such service. If the terms and conditions herein this Agreement are inconsistent with the additional terms, the provisions of the additional terms shall be superior and shall control with respect to such additional service and your use thereof. The additional terms, upon acceptance, are incorporated into these Terms.

Please, read these Terms, Agreement and any additional terms applicable to your use of the Services before using it. By accessing or using the Services either as a registered user or not, you confirm your agreement to be bound by these Terms. These Terms expressly supersede prior agreements or arrangements with you regarding the use of the Services.

If you fail to abide by the provisions of the Terms herein, except as otherwise permitted by us from time to time, you agree that we may suspend or delete your user account and all information related to such account, with or without notice to you.

Throughout these Terms, we use “IncReg”, “we”, “us”, and “our” to refer to IncReg LLC., offering our Services to you. “You” means the organization you represent in accepting these Terms or, if that is not applicable, “you” refers to you as an individual who makes use of the IncReg services.

IMPORTANT ARBITRATION NOTICE: THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES, INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES ARISING OUT OF YOUR USE OF OUR SERVICE UNLESS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN THE TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

  1. Changes to the Terms

We may modify these Terms at any time, at our sole discretion as they are subject to change. If we do so, we will let you know either by posting the modified Terms on the Service or through other communications such as the mobile phone number and email address registered in your account. You must review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the platform, you are indicating to us that you agree to be bound by the modified Terms.

If you do not agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

  1. IncReg services description and use of Service

The IncReg service provides business services to individuals or organizations looking for certain business services offered by IncReg. During your service term, you will be provided access to use the Service based on the service plan purchased by you.

  1. Eligibility, account registration and security

To be eligible to sign up and make use of the IncReg Services as a registered user, you must be 18 years of age, or up to the age of the majority in your country. By signing up to use the Services, you represent and warrant that you are at least 18 years old or visiting this website under the supervision of a parent or legal guardian if you are between the ages of 13 and 18 years old.

In order to access and use certain features of the Services, you may be required to create and maintain a user account (“account”). To create an account, you will be required to choose a username and specify a password.

By creating an account, you are expected to provide us with accurate and complete registration information (including but not limited to your email address and/or mobile telephone number, and payment information,). You may also be required to provide some more information from time to time and you agree to provide IncReg with such information as may be required of you from time to time. You will also keep your registration information accurate and up-to-date.

You agree that you shall not impersonate or misrepresent your identity with any person or entity, including by using another person’s login, password, or other account information, without authorization from such person or entity.

You are solely responsible for maintaining the privacy and proper use of your user IDs, password and account, and you are solely responsible for all activity conducted via your account by you or by anyone who uses it. You agree to keep your user ID and password secure at all times. You must notify us immediately if you believe that your account password has been compromised.

IncReg will not be responsible to you or any other party for any loss that may arise from the unauthorized use of your account, whether with or without your knowledge. You also agree to indemnify and hold us harmless for any losses incurred by IncReg or any other party as a result of someone else making use of your account as a result of your failure to safeguard your account.

IncReg reserves the right to refuse registration of or cancel a user name, at its sole discretion.

  1. Intellectual property, copyrights and trademarks

Intellectual property: All the content included on the IncReg Services, including, but not limited to, images, code, illustrations, text, scripts, graphics, audio clips, video clips, documentation, and other interactive features made available to you on the Service, logos, trademarks, and service marks contained herein, are owned by IncReg or its licensors. Other service marks, logos, and names on this Service are the property of their respective owners. Any use of the Service or the contents made available to you through the Service other than as specifically authorized herein, without our prior written permission is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable by IncReg at any time without notice and with or without cause. Despite the foregoing, we make no claim to the trademarks, copyrights, patents, or other intellectual property contained in certain third-party features, which are entirely the property of its owner, assignees, and licensees.

License and restrictions: As an authorized user and subject to your compliance with these terms as expressly stated herein and your payment of all applicable fees, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the services provided in connection with the Service is solely for your own use, and not for the use or benefit of any third party. Unless otherwise expressly authorized herein or in the Service or any documentation provided by us, you agree not to display, publish, copy, modify, create derivatives from, upload, transfer, use, distribute, license, sell or resell for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

IncReg may change, discontinue or suspend the Service, including the availability of any feature, content or database, at any time, with or without notice. IncReg may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. You agree that IncReg may establish general rules and limits concerning the use of the Service, including the maximum period that content or other data will be retained by the Service and the maximum storage space that will be allocated on your behalf on IncReg’s servers. You agree that IncReg has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service.

You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the Service; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service except as expressly permitted by us; (iii) decompile, reverse engineer or disassemble the Service except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Service; or (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Service or unduly burdening or hindering the operation and/or functionality of any aspect of the Service.

  1. Pricing and payment, subscriptions, billing, renewal and cancellation

Pricing and payment

We may make certain paid features available to you through the service under multiple service plans that are tailored based on your needs. Via the service, you can purchase a service plan and get full access to the service.

Except where otherwise stated, the price of the Services is the price set out on the Website at the time of your purchase. All prices are shown in United States Dollars.

You are responsible for the management of your login details. If you lose your data or suspect that your account has been breached, please let us know immediately. IncReg has the right to refuse a request for a service purchase.

Purchasing a Service plan(s) requires you to have a valid method of payment, such as a credit card or debit card (a “Payment Method”). You are responsible for all charges incurred in connection with your payment, and you agree to pay the fees and charges for any purchased feature.

Subscriptions and auto-renewals

Some of the services provided by IncReg are offered on a subscription basis. You understand that by selecting a subscription plan, you agree to pay the subscription fee of such a plan on a designated cycle for the Services that we make available to you (the “Subscription fee”). The first Subscription fee will be charged to your Payment Method on the date your subscription is purchased. Thereafter, the Subscription fee and any applicable tax and service fees will be charged to your Payment Method on a recurring basis in accordance with your designated cycle until you choose to cancel.

Billing cycle

The Subscription fee will be billed at the time you establish your Subscription and on an ongoing, regular basis unless you cancel your Subscription. Note that the timing of your billing may change (i.e. in the event of a problem with your Payment Method, such as an expired credit card).

Subscription and Service plan fees changes

IncReg reserves the right to change the price for a Service plan at our sole discretion and such service fee change will become effective immediately. We reserve the right to change the price for a subscription to the Service at our sole discretion and such subscription fee change will become effective at the end of the then-current Billing Cycle. We will ensure to provide you with reasonable prior notice of any change in our Subscription plans and subscription fee in order to give you the opportunity to evaluate your current subscription and make any changes, up to and including the option to terminate your Subscription before such change becomes effective.

Taxes

Unless as otherwise stated, the service fees are not tax inclusive. You will be responsible for paying all applicable taxes associated with your purchase of any of our service plans. In the event that we have the legal obligation to collect or pay taxes for which you are responsible under this clause, the appropriate amount will be charged to and paid by you.

Cancellation

You can cancel your subscription at any time. Please note that you must cancel your subscription before it renews for a subsequent term in order to avoid being charged for the next term’s Subscription Fee. If you cancel your subscription, the cancellation will become effective at the end of the then-current term.

Refunds

Refunds will not be provided for any subscription. If you have commenced a subscription period and you then decide to cancel your subscription during such period, you will not be entitled to receive a refund for the fees you already paid for such subscription period. However, you will continue to be able to use the service for which you subscribed until the end of such a subscription period. You understand and agree that we will not provide refunds, or prorated billing for subscriptions that are cancelled mid-term.

  1. User representation and acceptable use

You hereby represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the service will be in violation of the rights of any third party, including but not limited to the copyright, trademark, publicity, privacy or other personal or proprietary rights.

Although we are committed to providing a safe user experience, we do not guarantee that the Services, or any content in it, will be safe, error-free or uninterrupted, or that it will be free from bugs or viruses. From time to time, access to the service may be interrupted, suspended, or restricted, including because of a fault, error or unforeseen circumstances, or scheduled maintenance. We shall not be liable to you for any loss or damage that you may suffer as a result of the service being unavailable at any time for any reason.

You agree, undertake and confirm that your use of the service shall be strictly in accordance with the following binding guidelines:

  1. You shall not host, display, upload, modify, publish, transmit, update or share any listing or information that:
  • is in violation of local, state, or federal laws and regulations.
  • belongs to another person and to which you do not have any right to make use of or promote an illegal or unauthorized copy of another person’s copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices;
  • is grossly harmful, harassing, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or,
  • is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual or provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
  • Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming” or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information;
  • promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; contains video, photographs, or images of another person (with a minor or an adult);
  • tries to gain unauthorized access or exceeds the scope of authorized access to the Service or to profiles, blogs, communities, account information, bulletins, or other areas of the Service or solicits pass-codes or personal identifying information for commercial or unlawful purposes from other users.
  • interferes with another user’s use and enjoyment of the Service or any other individual’s user and enjoyment of similar services;
  • refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Service or contains content that would be prohibited or violates the letter or spirit of these Terms.
  1. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Services or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services.
  2. You shall not abuse any discounts, coupons, or promotions by harvesting or farming discounts or coupons.
  3. You shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Services or to any server, computer, network, or any of the services offered on or through the Service, by hacking, password “mining” or any other illegitimate means.
  4. You shall not attempt to encourage, permit, or allow other users of the Service to do anything that is prohibited or anything that violates the terms of this agreement.
  5. You shall not use the Service for fraudulent or illegal purposes, or in connection with a criminal offense or any unlawful activity.
  6. You shall not probe, scan or test the vulnerability of the service or any network connected to the service nor breach the security or authentication measures on the service or any network connected to the Service. You may not reverse look-up, trace or seek to trace any information on any other user to Services, or any other customer, including any account on the Services not owned by you, to its source, or exploit the Services or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by IncReg.
  7. You shall not attempt to obtain another user’s account username, password, or other security information.
  8. You shall not conceal your true IP address or otherwise misrepresent or impersonate your identity.
  9. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Services, or with any other person’s use of the Services.

You shall not use our Services for any other purpose that is other than what is intended by IncReg as described herein

  1. Confidentiality

In this Agreement, confidential information shall mean all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, in connection with Software, that is designated as confidential or that reasonably should be understood by the Receiving Party to be confidential given the nature of the information and the circumstances of disclosure.

Confidential Information of each Party includes code, business and marketing plans, technology and technical information, inventions, know-how, product plans and designs, and business processes disclosed by such Party. However, Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.

As a user of the services that we provide, we assure you that whatever confidential information that you provide to us  will remain confidential (except to the extent that such information has entered the public domain other than through a breach of this Agreement).

  1. Feedback, your content and submissions

The IncReg Services may permit you to add and share certain content such as posts, photos, links, text, questions, and other files and information about the IncReg services and/or your use of the Services (“Content”), to share publicly with other users of the IncReg Service. You understand that all Content is the sole responsibility of the person who originated such Content. IncReg cannot guarantee the authenticity of any Content or data which users may provide about themselves or their use of the IncReg Services. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom.

In order to protect the integrity of the IncReg Services and protect our users from abuse, IncReg reserves the right (but is under no obligation) to remove posted content or information that, in IncReg’s sole judgment, violates these Terms or negatively affects our Services, diminishes the integrity of the IncReg Services, system or otherwise is inconsistent with the business interests of IncReg.

You shall be solely responsible for all and the consequences of sharing, posting or publishing any content on the IncReg Service. You agree that IncReg has no liability with respect to any of your content, and you hereby irrevocably release IncReg and its officers and directors, employees, agents, representatives and affiliates, from any and all liability arising out of or relating to your content or any part thereof.

By submitting your content to IncReg, or displaying, publishing, or otherwise posting any content on or through the IncReg Service, you hereby grant IncReg a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to reproduce, distribute, modify (such as by editing or otherwise creating derivatives), display your content in accordance with the terms of this Agreement. You agree not to contest any modifications made by IncReg and hereby waive any claims with respect thereto. For clarity, the foregoing license grant to IncReg does not affect your ownership or license rights in the content you make available on the Service, including the right to grant additional licenses to the content in any of your submitted content.

In connection with your content made available on the IncReg Service, you affirm, represent, and warrant that:

  1. you own or have the necessary rights, licenses, consents, and permissions to use and authorize IncReg to use such content and to enable inclusion and use of such content in the manner contemplated by the Service and this Terms;
  2. you have the written consent, release, and/or permission of every identifiable individual in your content to use the name or likeness of every such identifiable individual to enable inclusion and use of the content in the manner contemplated by the Service and the Terms herein; and
  • the posting of your content on or through the Service or otherwise does not violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any individual or entity. You agree to pay all royalties, fees, and other monies owing to any individual or entity by reason of any content posted by you to or through the Service.
  1. Such content does not in any way, create a risk of loss, harm, mental or physical injury, disability, emotional distress, mental illness or death to you or to any other entity.
  2. Such content does not include information that you know for a fact is incorrect and misleading.

You are solely responsible for all content that you upload, post, publish, display or email via the Service. IncReg does not endorse any User Content, submission, opinion, recommendation, or advice expressed therein, and IncReg expressly disclaims all responsibility or liability in connection with User Content Submission(s). You acknowledge the global nature of the Internet and you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

Again, you acknowledge that IncReg does not pre-screen Content, and agree that IncReg has the right to, in its sole discretion, remove any User Content at any time (with or without notice).

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service, provided by you to IncReg are non-confidential and IncReg can unrestrictedly use and disseminate them for any purpose, commercial or other, without acknowledgement or compensation to you.

  1. Obscene and offensive content

We are not responsible for any obscene or offensive content that you receive or view from others while using our Service. However, if you do receive or view such content, please contact us by email at info@increg.comso that we can investigate the issue. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted to our Service.

  1. Registered Agent and Business Filings Service

IncReg provides entity formation, business filing, and registered agent services across the United States. At times, IncReg collaborates with other companies to carry out business formation, registered agent, and other business filing orders. By using their services, you acknowledge and accept that IncReg may share your personal information with relevant third-party providers.

Every state requires that a registered agent or equivalent be on file with the Secretary of State or relevant department for your business entity. By obtaining the Registered Agent Services from IncReg, you permit us and/or our third-party providers to receive and handle any legal notices, official government communication, or items governed by the relevant statute, rule, or regulation on behalf of your entity.

You also authorize us as your Registered Agent to scan, upload, and send these communications to your email address and account. If necessary, IncReg and/or its partners may forward any physical mail received on your entity’s behalf to the business address on record. If you need to update your contact information, please contact us at info@increg.com or call us at (302) 990-0505.

IncReg’s filing services are designed for users who are forming or managing their own businesses. All communications related to IncReg filings will be directed to the email and/or mailing address on file.

  1. Privacy

In the course of accessing and/or using the website and the Services that we offer; we may obtain certain information about you or you may be required to provide certain information to us. All uses of your information will be treated in accordance with our Privacy Policy which herein forms an integral part of these Terms. Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. If you use the Services and/or the website, and/or if you register for an account, you are accepting our Privacy Policy, which may be amended from time to time. If you do not agree to have your information used in any of the ways described in the Privacy Policy, you must discontinue the use of the website and the Services.

  1. Third-party content and resources

The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services; (“Third-Party Content”). These other websites or resources are not under IncReg’s control, and you acknowledge that IncReg is not liable or responsible for the content, accuracy, functions, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by IncReg.

You further acknowledge and agrees that IncReg shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, information, or services available on or through any such website or resource.

  1. How we communicate: consent to electronic transactions, communication, and disclosures

To the fullest extent permitted by law, these Terms and any other agreements, notices or other communications from IncReg to you regarding our services and the services being offered to you, (“Communications”) may be provided to you electronically, and you consent and agree to receive Communications in an electronic form. Electronic Communications may be posted on the pages within the IncReg website and/or delivered to your email address.

Also, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes, at any telephone number, physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using an auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text.

Consent to monitoring and recording of calls: IncReg may, at its own discretion and without further notice or warning to you, monitor and/or record telephonic communications for our business purposes, such as quality control, fact verification, and training purposes and to help protect our rights and the rights of others, and you hereby consent to such monitoring and recording. All calls between IncReg and any user will be confidential.

Opting-out and withdrawal of consent: You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward; we may still send you relevant information about your account and any transaction detail carried out between you and us by virtue of the IncReg Services. You further acknowledge and agree that opting out and withdrawing consent may impact your use of the IncReg service.

  1. Copyright and infringement notification

IncReg respects the intellectual property of others and asks its users of the Service to do the same. IncReg’s Service may not be used to transmit, retransmit, distribute, post, or store any material that is in violation of any rights of any person including rights protected by copyright, trade secret, patent, or other intellectual property or similar laws or regulations.

IncReg has established procedures for enforcing this statement which is designed to be in accord with the Digital Millennium Copyright Act. If you believe that your copyrighted work has been copied and is accessible on any of IncReg’s Services in a way that constitutes copyright infringement, please notify us.

 In order to be valid, the notification must be in writing and must contain the following information:

  1. a description of the copyrighted content or other intellectual property that you claim has been infringed;
  2. a statement by you that you have a good faith belief that the use of this content or intellectual property is not authorized and for which reason;
  • a detailed description of where this content or intellectual property is located on the Service, in order for us to find it;
  1. your address, telephone number, and email address;
  2. a signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  3. a statement by you, made under penalty of perjury, that the above information provided by you in the notification is accurate and that you are the copyright or intellectual property owner or authorized to act on the behalf of the copyright or intellectual property owner.

Please note that (i) any person who knowingly misrepresents to IncReg that material is infringing shall be liable to IncReg and/or the alleged infringer for any damages (including costs and attorneys’ fees) suffered or incurred by IncReg and/or the alleged infringer as a result of IncReg’s reliance on such misrepresentation and removing or disabling access to such material. ii) Similarly, any person who knowingly misrepresents to IncReg that the material was removed or access blocked by mistake or misidentification shall be liable to IncReg and/or the copyright owner or its authorized licensee for any damages (including costs and attorneys’ fees) suffered or incurred by IncReg and/or the copyright owner or its authorized licensee as a result of IncReg’s relying on such misrepresentation and replacing such removed or blocked material.

  1. Warranty Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE SOFTWARE, THE SITE, CONTENT, AND MATERIALS) IS PROVIDED TO YOU BY INCREG, ITS LICENSORS AND ITS SUPPLIERS ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

INCREG MAKES NO PROMISE OR WARRANTY THAT (I) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (II) THE RESULTS OF USING THE SERVICE (OR ANY USER SUBMISSION(S)) WILL MEET THE USER’S REQUIREMENTS; (III) THAT THE CONDUCT OR QUALITY OF ANY THIRD-PARTY CONTENT ACCESSED THROUGH THE INCREG SERVICE WILL BE SUITABLE. YOUR USE OF THE INCREG SERVICE IS SOLELY AT YOUR OWN RISK.

  1. Limitation of Liability

YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCREG WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY.

INFORMATION MADE AVAILABLE TO YOU VIA THE SERVICES SHOULD NOT NECESSARILY BE RELIED UPON AND SHOULD NEVER BE CONSTRUED TO BE PROFESSIONAL ADVICE FROM US. WE DO NOT GUARANTEE THE ACCURACY, EFFICACY OR COMPLETENESS OF ANY OF THE INFORMATION PROVIDED, AND ARE NOT RESPONSIBLE FOR ANY LOSS RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION.

IN NO EVENT SHALL INCREG OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE INCREG SERVICES, PRODUCTS OR CONTENT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OR PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CALM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN ADDITION, INCREG SHALL NOT BE LIABLE FOR ANY LOSS OR LIABILITY RESULTING, DIRECTLY OR INDIRECTLY, FROM THE USER’S ACCESS OR INABILITY TO ACCESS OR OTHERWISE USE THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY DELAYS OR INTERRUPTIONS DUE TO ELECTRONIC OR MECHANICAL EQUIPMENT FAILURES, DENIAL OF SERVICE ATTACKS, PROCESSING FAILURES, TELECOMMUNICATIONS OR INTERNET PROBLEMS OR UTILITY FAILURES).

IN NO EVENT WILL INCREG’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO INCREG DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO SUCH LIABILITY OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO INCREG, AS APPLICABLE. THE EXCLUSION AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INCREG AND YOU.

YOU AGREE THAT IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THE USE OF THE SERVICE.

  1. Indemnification

You agree that as a condition of use of the Services, you will indemnify, defend, and hold harmless IncReg, its officers, directors, employees, agents, licensors and suppliers (collectively, the “Service Providers”) from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your use of the Services or any product, including any claims alleging facts that if true would constitute a violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Services using your account.

  1. Termination

Unless both you and IncReg expressly agree otherwise in writing, either of us may terminate this Agreement in our sole discretion, at any time, without explanation, upon written notice to the other, which will result in the termination of the other Terms of Service as well, except as otherwise provided herein.

Termination by IncReg: We may terminate this Agreement or terminate or suspend your user Account immediately at any time for any reason or for no reason upon notice to you. If we terminate or suspend your Account, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your Account, we reserve the right to pursue any available legal action. When terminating your Account, we may delete the Account and any information in it. You have no ownership rights to your Account. Without limiting IncReg’s other rights or remedies, we may, but are not obligated to, temporarily or indefinitely revoke or limit access to the Services, deny your registration, or permanently revoke your access to the Services and refuse to provide any or all Services to you if: (i) you breach the letter or spirit of any terms and conditions of this Agreement or any other provisions of the Terms of Service; (ii) we suspect or become aware that you have provided false or misleading information to us; (iii) we believe, in our sole discretion, that your actions may cause legal liability for you, our Users, or IncReg or our Affiliates; may be contrary to the interests of the website or the User community; or may involve illicit or illegal activity; or (iv) we are required to by law, legal process, or law enforcement. If your Account is temporarily or permanently closed, you may not use the Services under the same Account or a different Account or re-register under a new Account without IncReg’s prior written consent.

Termination by You: You may terminate this Agreement by completely and permanently ceasing to use the Services (provided that there are no outstanding Services ordered under your Account). If you attempt to terminate this Agreement while there are still outstanding Services ordered under your Account, this Agreement shall not terminate until such Services have been performed or otherwise canceled as permitted by this Agreement. If you cancel your Account before the end of any current subscription, the termination will take effect immediately, but you will not be refunded any unused subscription.

  1. Choice of law and jurisdiction

These Terms and your use of the service are governed by and construed in accordance with the laws of the State of Delaware, U.S.A., applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.

  1. Dispute resolution; arbitration
  • Informal negotiations

To expedite dispute resolution and control the cost of any dispute, controversy or claim related to this Agreement (or the breach, termination, enforcement, interpretation or validity thereof) (“Dispute”), you as a user of the IncReg Services agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration. Such informal negotiations commence upon written notice from one person to the other. We are available by email at info@increg.com to address any concerns or questions that you may have regarding your use of the IncReg Services

  • Agreement to Binding Arbitration

You and IncReg agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, Products or Content (collectively, “Disputes”) will be settled by binding arbitration in the event where informal negotiation did not work, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”).

Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide IncReg with written notice of your desire to do so by email at info@increg.com within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide IncReg with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. All claims arising out of or relating to these Terms (including their formation, performance, and breach), the parties’ relationship with each other, and/or your use of the IncReg Services will be finally settled by binding arbitration administered by AAA, in accordance with the AAA Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties will select a single neutral arbitrator in accordance with the AAA Consumer Arbitration Rules. The arbitrator, and not any federal, state or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. Either party may elect to appear at the arbitration by phone or, if mutually agreed, to conduct it online, in lieu of appearing live. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity.

  • Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

  • Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award will be in writing and provide a statement of the essential findings and conclusions, will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms will be subject to the Federal Arbitration Act.

  • Class action and class arbitration waiver

You and IncReg agree to the fullest extent permitted by applicable law, that each 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, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your 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 Dispute Resolution section shall be null and void.

  • Changes

Notwithstanding the provisions as regards how we can make changes to these Terms, if IncReg changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to info@increg.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of IncReg’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and IncReg in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

  1. General provisions
  • Severability
    If any provision of these Terms is determined by a court to be invalid, void or unenforceable, the Parties agree that the remaining provisions of this Agreement will not be affected thereby and that this Agreement will in any event otherwise remain valid and enforceable.

  • Survival

After this Agreement terminates, the terms of this Agreement and the other Terms that expressly or by their nature contemplate performance, after this Agreement terminates or expires, will survive and continue in full force and effect. For example, the provisions requiring arbitration, protecting intellectual property, indemnification, payment of fees, reimbursement, and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Agreement terminates. Without limiting any other provisions of the Terms, the termination of this Agreement for any reason will not release you or IncReg from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination.

  • Waiver
    No waiver of any of the provisions of this Agreement will constitute a continuing waiver unless otherwise expressly so provided in writing. The failure of either Party to enforce at any time any of the provisions of this Agreement, will in no way be construed to be a present or future waiver of such provisions. We do not guarantee that well will pursue legal actions against all breaches of this Agreement.
  • Assignment
    You may not assign these Terms, or any of its rights or obligations hereunder, without IncReg’s prior written consent in the form of a written instrument signed by a duly authorized representative of IncReg. We may assign these Terms without your consent. Subject to the foregoing restrictions, the Terms herein are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.
  • Entire Agreement

These Terms with other policies presented to you, constitute the entire agreement between you and us with respect to the Services and its use and supersedes all prior agreements, proposals, communications between the parties, and understandings, whether oral or written.

  1. Questions or Complaints?

Feedback, comments, requests for technical support, and other communications relating to the App and the Services should be directed to us. Please contact us at info@increg.com.