Updated: December 2023
When you choose High Desert Corporate Filings LLC, you can expect the highest level of transparency and reliability. For our clients, users, and whoever else it may concern, we have included below our detailed Terms of Service.
For specific terms regarding our VOIP phone service, read our VOIP Terms of Service Agreement.
For specific terms regarding our Trademark service, read our Trademark Terms of Service Agreement.
We make certain to follow the state regulations established by Chapter 53 of the New Mexico Statutes, which refers to the definitions and rules for registered agents and business formation in New Mexico. We recommend checking out the statutes if you’re interested in learning more about the specific guidelines we abide by here at High Desert Corporate Filings LLC.
To give you an example of how we observe the New Mexico Statutes, we’ll look at our LLC formation services. If you hire us to form your LLC, we’ll ensure every small detail gets the proper amount of attention, such as ensuring your LLC name meets the standard of NM Statute §53-19-3, your business purpose meets the criteria of NM Statute §53-19-6, as well as all other requirements of the Articles of Organization as set forth by NM Statute §53-19-8.
The New Mexico Statutes and other court rules are free to access by using the official legal research tool known as NM OneSource, published by the New Mexico Compilation Commission. There you will find all the statutes relevant to our services and more.
DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT ALLOWED BY LAW, YOUR USE OF THIS SITE AND OUR SERVICES ARE PROVIDED “AS-IS” WITH NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE DO NOT WARRANT OR GUARANTEE THAT THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES REGARDLESS OF THE LEGAL THEORY, OR WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO YOUR USE OF THIS WEBSITE AND OUR SERVICES SHALL IN NO EVENT EXCEED THE AMOUNT YOU PAID TO US FOR SERVICES DURING THE TWELVE MONTH PERIOD PRECEDING THE DATE OF YOUR CLAIM.
This section covers details relevant to when you receive any registered agent or business entity filing services provided by us:
While we are thrilled to serve as your registered agent and receive service of process and legal documents on your behalf, we should not be receiving packages on your behalf. Packages arriving at our office will be refused upon delivery or returned to their location of origin if immediate refusal is not possible. In the event that neither refusal nor return of the package is an option, you will be informed that we have it in our possession. By using our services you agree that, if we receive packages on your behalf, we are not acting as a bailee or warehouse and owe no duty of care in the holding and/or shipping of packages. If you would like the package delivered to the address associated with your account, you will be responsible for all shipping associated with the shipment of the package. You will also be responsible for the insuring of the package. We will only hold packages for 14 days from the date of receipt and notification before properly disposing of them.
You are not obligated to use this document storage feature. However, if you choose to use this feature, you agree not to upload or store anything to which you do not possess the necessary rights or anything that is illegal, dangerous, destructive, or illicit material. We may review your conduct and content for compliance with these Terms. If we, in our sole discretion, determine that you are in violation of these Terms while providing you with service, then we may terminate any and all services connected to your account. It is your responsibility to ensure compliance with these Terms.
Intellectual Property License
If you choose to use this document storage feature, then you agree to provide us with a worldwide non-exclusive royalty-free license to use your content, which includes any of your intellectual property stored on our systems, in order to provide you with such services and features, to improve our operations along with your experience, and to develop new technologies and services. To be clear, you will continue to own your intellectual property, while we will own any and all improvements made to our operations as a result of our use of your intellectual property as described in the following paragraph.
This license allows us to host, reproduce, distribute, communicate, and use your content in the course of providing you service — for example, to save your content on our systems and make it accessible to you and us, regardless of where you may be located. You also agree that we may sub-license these rights to our representatives, subsidiaries, partners, affiliates, contractors, and other third-parties that are necessary to provide you with such services.
This license to use your intellectual property lasts until such time that you take affirmative steps to actually delete or remove the content from your online account. Once we confirm such content is removed from our systems, our license to such content expires, unless in our sole and absolute discretion there is a lawful reason to preserve such content (e.g. litigation, disaster recovery, etc.)
When any Service with us is canceled or terminated, you acknowledge and agree that:
If at some point during service either we or you elect to end registered agent services, this section goes over the details of what to expect.
This section covers cases where we or you elect to end our services other than our registered agent service.
To end a service with us and no longer receive invoices, you are required to login and request cancellation of a service with us directly, so you can read and agree to the end of service terms.
Cancellation can be requested at any time. There are no fees to cancel, but upon cancellation of services, you may be required to pay any past-due balances related to such services, unless otherwise specified in this agreement.
Company Applicant: We provide the online tools and software to facilitate your business formation. No individual is personally involved in your business formation. As such, our employees do not fall within the category of “Company Applicant” as defined by 31 CFR 1010.380(e), unless otherwise instructed by a State or Federal authority.
This section outlines how you are authorized to use our services or website. In using our websites and Services, you may not, nor may you permit any third party, directly or indirectly, to:
In the course of providing Services to you, along with any improvements we make to our operations, we may interact with information related to your account, including any information you provide to us and materials you may upload to our systems. If we reasonably suspect that your account has been used for an unauthorized, illegal or criminal purpose, you hereby give us express authorization to share information about you and your account with law enforcement.
Your ability to use our address is strictly dependent on the Service you purchase from us. For example, if only registered agent service is purchased from us, then our address may only be used for the strict purpose of supplying individuals and organizations with notice of who and where to serve any service of process or legal notice. Alternatively, if you have purchased other Services from us, then specifics of how to use our address will be contained within subsequent written communications which are incorporated into these Terms by reference herein.
Some of our Services are billed via an automatic payment feature unless you choose to opt out of this feature within your client account. Customers who opt-out will be invoiced for payment.
All accounts using auto-payment must provide us with valid and current credit card information and you agree that we are authorized to charge such credit card for all purchased Services as well as fees incurred in providing you with Services.
Specifics Regarding Auto-Pay Features:
Like any other functioning business, we try to collect the money owed to us. That being said, we will always do our best to treat each client with the respect they deserve. To that end, this section addresses how we handle declined payments and collections, and also outlines what you’re agreeing to as our client.
If you’re enrolled in an autopay service, we’ll charge whatever payment methods are stored in your online account. If all methods fail or there is not a valid method saved, we may suspend your account and require payment in order to reinstate services or in order to cancel your services. While we personally find the idea of collections revolting, we reserve our right to use legal action and collection agencies if deemed necessary.
To keep our lawyers satisfied, this is the more technical and detailed version:
If we don’t receive payment (“Non-Payment”), you agree to pay all amounts due upon demand to resume or cancel your Service(s). You also authorize the Company to charge any and all outstanding fees and penalties that become due as a result from such Non-Payment. Additionally, following any such Non-Payment, you will not be eligible for monthly-billing or partial payments until your account is brought current. Non-Payment may also result in delayed services which include but are not limited to: locked documents, non-filing of compliance documents and the processing of additional orders.
You agree that you are liable for all third-party collection agency recovery fees and charges. You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds, and over the credit limit fees. By failing to notify the Company of billing problems or discrepancies you agree that you waive your right to dispute such billing discrepancies. We may modify the price, content, or nature of the Service(s) at any time. We may provide notice of any such changes by email, notice to you upon log-in, or by publishing them on our website.
Unless otherwise stated herein, all purchases are final and non-refundable after 90 days. No refunds will be given for any charges or credits more than 90 days old, unless otherwise agreed to in writing between you and us and/or is specific to the type of service we are providing or is required by law. We reserve the right to issue refunds or credits at our sole discretion unless otherwise required by law. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply.
By providing your mobile phone number and checking that you wish to receive communications, you are consenting to receive Short Message Service (SMS)/text messages from us. The SMS/Text messages you may receive service-related and promotional messages, including: updates, alerts, and information (e.g., order updates, account alerts, etc.) and promotions, specials, and other marketing offers (e.g., cart reminders) through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. SMS/Text messages may be sent using an automatic telephone dialing system or other technology.
Message frequency varies but you will not receive more than one (1) message(s) per day. Standard message and data rates may apply from your wireless provider and you are responsible for all charges and fees associated with text messaging imposed by your wireless provider.
Your participation in this program is completely voluntary and you can Opt-Out at any time by submitting an inquiry on our website or emailing our support team.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent via SMS/text message, or any errors in such information, and/or any action you may or may not take in reliance on the information received via SMS/text message.
We own all right, title and interest, in and to all Intellectual Property Rights (as defined below) in the Services and websites, and these Terms do not grant you any rights to our Intellectual Property Rights. For purposes of these Terms, “Intellectual Property Rights” means
You may submit comments or ideas about the Services (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place us under any fiduciary, confidentiality or other obligation, and that we are free to use the Idea without any compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
We provide information and act as a fulfillment service provider. We are not a law firm or an attorney and do not provide legal advice. As we are not attorneys, there is no attorney-client relationship between us and none of the communications between us are protected as attorney-client communications.
Use of our services as a fulfillment service provider shall NOT create any fiduciary duty or obligations, either implied or express, by any agent, affiliate or employee of the company.
You agree that any action or proceeding by you relating to any dispute must commence within one year after the alleged cause of action accrues.
You agree to protect, defend, indemnify and hold us harmless from and against any and all claims, causes of action, liabilities, judgments, penalties, losses, costs, damages and expenses (including attorneys’ fees and all related costs and expenses for litigation and/or arbitration) suffered or incurred by us, including, without limitation, any claim arising from:
Most customer concerns can be resolved quickly by calling us at 505-629-0009. You can also email us at email@example.com. In the unlikely event that we are unable to resolve your complaint to your satisfaction, we each agree to resolve those disputes through binding arbitration under the auspices of JAMS Alternative Dispute Resolution (“JAMS”).
JAMS will administer any such arbitration under its Comprehensive Arbitration Rules. If the amount of the claims and counterclaims are less than Two Hundred and Fifty Thousand Dollars ($250,000.00), then the JAMS Streamlined Arbitration Rules and Procedures will be used.
You agree that any arbitration pursuant to these Terms will be on an individual basis, and that you will not bring a claim as a plaintiff or class member in a class, consolidated, or representative action. You further agree that class arbitrations, class actions and consolidation with other arbitrations will not be allowed. All disputes and claims between us will be heard by a single arbitrator.
We may revise these Terms from time to time, and will always post the most current version on our website. By continuing to use or access the Service after the revisions come into effect, you agree to be bound by the revised Terms.
Our failure to enforce a provision of these Terms is not a waiver of our right to do so at a later date. If a provision of these Terms is found to be unenforceable, the remaining provisions of the Terms will remain in full force and effect. You may assign your rights and obligations under these Terms provided we receive prior written notice of, and approve of, such assignment. We will not unreasonably withhold our approval. We may assign our rights or obligations to any successor in interest of any business associated with the Services.
We shall not be considered to be in breach or default of these Terms, and shall not be liable for any cessation, interruption, or delay in the performance of our Services or other obligations by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or of the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or other similar even that is beyond our reasonable control, whether foreseen or unforeseen (each a “Force Majeure Event”). If a Force Majeure Event continues for more than sixty days in the aggregate, we may immediately terminate our Services and shall have no liability for, or as a result of, any such termination.
For questions or concerns regarding our Terms of Service, please feel free to call us at 505-629-0009 or send us an email at firstname.lastname@example.org.
We look forward to assisting you with any questions or concerns you may have.