Last updated: 08/04/25
YOU MUST READ THESE TERMS OF USE AND SERVICE AGREEMENT BEFORE USING THIS SITE AND OUR SERVICES.
This Agreement contains a binding arbitration clause and a class action, and the right to a jury trial waiver. PLEASE READ CAREFULLY.
The terms “we”, “us”, and “our” refer to Main Street Business Services LLC (“Main Street”). All services that we provide or that are offered through the “Website” or “this Website”, including Software as a Service, are referred to herein as “Services”. The terms “you” and “your” refer to you, the user, in your individual capacity and also in your capacity as the representative and agent of any entity on behalf of which you order Services. “Order” or “Ordering” means purchasing or requesting any service with Main Street or its affiliates by phone, our Website, email, or paper application. “Purchase” means payment for any services that Main Street or its affiliates provide. The “User Account” comprises a username, password, and any information related to the user. Main Street retains ownership and all rights related to the “User Account”. Terms of Use and Service Agreement, also known as the “Agreement” or “this Agreement,” refer to Main Street’s Terms of Use and Service Agreement.
By using the Website, www.mainstreetbusiness.com, or ordering any Services, you are (a) representing that you are at least eighteen (18) years of age, (b) representing that you have the legal capacity and authority to enter into a binding contract on behalf of yourself and any entity on behalf of which you order Services and/or make changes to any entity for which you order Services, including but not limited to, its legal entity status, licensure, and/or the information available to government agencies and the public, (c) confirming that we have not provided and will not provide you with any legal, tax, or financial advice, opinions, or recommendations of any nature whatsoever, (d) confirming that we may contact you at the phone number, address, and email address you provide to us, even if any of that contact information appears on any Federal or State “do not call” or contact list, and (e) agreeing to be legally bound in all respects by this Terms of Use and Service Agreement and our Privacy Policy. If you have any objection to any of the terms of use or conditions of this Agreement, please immediately leave this Website, do not use any information on this Website, and do not use any Services.
This Agreement limits your rights and remedies in the event you have a dispute or disagreement with us. Accordingly, you should read this Terms of Use and Services Agreement carefully.
Main Street reserves the right, in its sole discretion, to change the Terms of Use and Service Agreement under which the Website and Services are offered without prior notice, except that we will notify you of any material changes to the terms, including, but not limited to, changes to the dispute resolution, governing law and jurisdiction provisions set forth herein (“Material Changes”). All changes are effective immediately when we post them. However, Material Changes will not apply to any disputes that arise before the date that you have actual notice of such Material Changes. The most current version of the Terms of Use and Service Agreement will supersede all previous versions. Main Street encourages you to periodically review this Agreement to stay informed of our updates and to notify us immediately in the event of any changes to your email contact information. By using this Website, you are agreeing to be bound by the then-current version of this Agreement. To the extent you have provided us with a valid, working email address, we will notify you of Material Changes via email.
Your use of the Website is subject to Main Street's Privacy Policy (the "Policy"). Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices.
To the extent we provide you with a proposal, service quote, contract, or other documentation describing our pricing, the scope of our services, or the terms of our engagement with you (collectively, our “ Confidential Information”), you agree to only use such Confidential Information for your own internal business purposes, to not disclose any Confidential Information to third parties, and to protect the confidentiality of such Confidential Information with the same degree of care you use to protect your own information of a confidential nature, which in no event will be with less than a reasonable degree of care. “Confidential Information” does not include any information available to the general public for reasons other than your breach of this paragraph. To the extent you are required by a judicial, administrative, or governmental proceeding, or to the extent any governmental, regulatory, or administrative authority requires you, to disclose any Confidential Information, unless prohibited by law you must promptly notify Main Street so that we may either seek an appropriate protective order or other confidential treatment or relief or waive the provisions of this paragraph.
You agree that for all Communications for all Services we may (i) electronically deliver Communications to you and, at our discretion, terminate paper delivery of Communications to you and (ii) use and obtain electronic signatures from you until you withdraw your consent to this E-Sign Consent as described below. This E-Sign Consent applies to all Communications for all Services.
Communications delivered by e-mail will be sent to your e-mail address reflected in our records. You represent that any e-mail address you provide to us belongs to you or to a person who has authority to act for the Services. You should print, download, or otherwise retain a copy of this E-Sign Consent and all other Communications we electronically provide to you.
"Communications," include, but are not limited to, the following:
We will electronically communicate with you by one or more of the following methods:
To access, view, print and retain electronic Communications, you must have:
Withdrawal of consent for certain Communications may result in a fee or change in fee for some Accounts. We will not impose any fee to process the withdrawal of your consent to receive Communications. However, you may not have access to the Services. We will process your withdrawal of your consent to receive electronic Communications within a reasonable period.
It is your responsibility to provide us with true, accurate and complete e-mail address, mobile telephone numbers, authorized signers and other information related to this E-Sign Consent, and to maintain and promptly update any changes to this information. If you fail to timely update this information, including who is an authorized signer for your account, you agree to indemnify us pursuant to the Indemnification section below. You can update your records through the methods described below:
You may obtain a paper copy by printing the electronic record we have sent you or by requesting one from us if you make the request in a reasonable amount of time after we send it to you. We may charge you a reasonable service charge, with prior notice of any such charge, for the delivery of paper copies of any Communication provided to you electronically pursuant to this E-Sign Consent. To request paper copies of electronic Communications, contact clientservices@mainstreetbusiness.com.
We may unilaterally terminate the use of electronic Communications or change the terms or conditions on which we provide these Communications to you at any time without notice unless required by law.
By consenting to this E-Sign Consent, you agree to all the following statements:
If you use this Website, you are responsible for maintaining the confidentiality of your User Account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign, share, or otherwise transfer your User Account to any other person or entity. You acknowledge that Main Street is not responsible for third-party access to your User Account that results from theft or misappropriation of your User Account, and you agree to indemnify, defend and hold Main Street harmless from any costs or damages that result from such third-party access. You agree to notify Main Street immediately if your User Account is compromised. Main Street and its associates reserve the right to refuse or cancel service, terminate User Accounts, or remove or edit content at our sole discretion.
We offer company compliance services to for-profit and nonprofit organizations. We are not lawyers or a law firm, accountants or an accounting firm, investment advisors or an investment advisory firm, and we do not and will not provide you with any legal, tax, or financial advice of any nature whatsoever. We are not in any way related to or affiliated with any government agency.
You should not construe anything on the Website as legal, tax, or financial advice. This Agreement does not create any lawyer-client, tax advisor-client, or financial advisor-client relationship between us and you. We are not acting as your attorney and do not review information you provide to us for legal accuracy or sufficiency. You understand that your purchase, download, and/or use of our templates is neither legal advice nor the practice of law and that each form and any applicable instructions or guidance is not specific or customized to your particular needs. The templates provided are not a substitute for the advice of an attorney. If you need legal advice for a specific need, or your specific need is too complex to be addressed by our services, you should consult a licensed attorney in your area.
If you have questions about your particular legal, tax, or financial situation, we strongly encourage you to engage appropriate professional advisors to answer those questions before you order any Services.
We offer the following general categories of Services:
(a) Company Compliance Services (CCS). Main Street will file the required State renewals (if applicable) for Domestic, Foreign, DBA’s FBNs, ABNs, and Tradenames entities by the posted state deadlines. In addition, annual minutes will be drafted and completed at the time the entity's services are rendered. Main Street also provides clients enrolled in any of our Compliance Service Tier Packages with ongoing state and federal compliance monitoring and will notify the Client electronically of any new or updated state or filing requirements that may be applicable to their entity. Clients will have access via their online portal to four annual board meeting notes templates to utilize and save for record keeping purposes only within their online portal.
(a)(i) Information We Collect to Provide Company Compliance Services. In the event you order any Service Package Tier which includes Company Compliance Services, you will be responsible for providing us with (a) the full and accurate legal name of the entity, (b) the full and accurate fictitious names that the entity does business under in the jurisdiction in which the entity was formed in, (c) full and accurate legal name(s) of all beneficial owners/members/managers of the entity, (d) file-stamped formation documents from the Secretary of State, (e) most recent operating agreement, (f) Employee Indentification Number (EIN) issued by the IRS, (g) prompt notice of any changes to the name of the entity or the fictitious names, (d) all relevant contact information for the person or persons authroized to receive/view documents, notices, or communications related to the entity, and (e) any additional information as required by federal, state, or local law.
(b) Registered Agent Services. We provide local offices in all fifty United States, District of Columbia, and Puerto Rico for the specific purpose of serving as a registered agent (aka resident agent, statutory agent, service of process agent, or Commercial Registered Office Provider) for legal entities (the "Registered Agent Services"). By purchasing Registered Agent Services, you understand, agree to, and accept the specific purpose and use of a registered agent, which is to be appointed and maintained by a legal entity according to local statutory requirements. The registered agent is generally responsible for maintaining a physical location during regular business hours, receiving legal and government notice on behalf of the represented entity, and delivering documents securely to the entity.
Main Street’s Registered Agent Services are limited to receiving and forwarding items covered under the state statutes. When receiving process on behalf of the Client, Main Street shall not be held responsible for any part of the lawsuit or claim. Client agrees to indemnify Main Street for all claims brought in these processes. The Client assumes full responsibility for monitoring the email account they are utilizing with Main Street for the purpose of receiving Registered Agent-related communications and therefore agrees to not hold Main Street liable for any damages the Client may be subject to as a result of their failure to provide a proper and timely response to any Service of Process received on their behalf.
To fulfill Registered Agent Services in all fifty states, Main Street may contract with an affiliate to secure coverage in states where Main Street does not have a physical presence. In such cases, Main Street reserves the right to change or update its affiliate Registered Agent service providers at any time without notice to you, the Client. Information related to who Main Street utilizes for Registered Agent is available upon request.
(b)(i) Information We Collect to Provide Registered Agent Services. In the event you order Registered Agent Services, you will be responsible for providing us with (a) the full and accurate legal name of the entity, (b) the full and accurate fictitious names that the entity does business under in the jurisdiction in which you order Registered Agent Services on behalf of the entity, (c) prompt notice of any changes to the name of the entity or the fictitious names, (d) all relevant contact information for the person or persons to which you would like us to send service of process, documents, notices, or communications that we receive and that are addressed to any entity or fictitious name that you provide us with, and (e) any additional information as required by federal, state, or local law. Local offices and operations may be provided through an affiliate. By purchasing Registered Agent Service, you consent to information about you and your legal entity to be shared with an affiliate insofar as necessary to provide Service.
(b)(ii) Non-transferability of Registered Agent Service. By entering into this Agreement, you agree that you will not provide or allow anyone else to provide our address to any third-party for any reason, except providing the address to the government agency (typically the Secretary of State) in each jurisdiction in which you have engaged us to act as a registered agent. Under no circumstances will we be required to forward mail, payments, solicitations, shipments, or other communications we receive as a result of our address being provided to a third-party other than the proper government agency. Separate units of Registered Agent Service must be purchased for each legal entity to be represented in each state where Service is requested. Service may not be transferred or shared between multiple legal entities or from one state to another, with written approval by Main Street.
(c) Privacy Address/Mail Forward Services. We provide local offices in all fifty United States, District of Columbia, and Puerto Rico with Privacy Address/Mail Forward service whereby client’s enrolled in this service can utilize Main Street’s Utah office address for privacy on the company’s state or county registration (if applicable). With this service, Main Street receives, opens, and scans any First-Class mail envelopes from the approved sources within one (1) business day after receipt and saves it to the company’s personalized virtual mailbox. Additional fees may apply to physically forward or overnight. Any mail required to be delivered hereunder shall be deemed to be delivered when (a) deposited in the United States Postal Service or other courier services or (b) emailed to the Client’s current email address on file, whether or not actually received. The Client acknowledges that each foreign registration of an entity and each series of a series LLC requires a privacy address service, and Client will be charged for each entity (whether foreign or a series of a series LLC).
(c)(i) Information We Collect to Provide Privacy Address Services. In the event you order Privacy Address Services, you will be responsible for providing us with (a) the full and accurate legal name of the entity, (b) full and accurate mailing address where Main Street shall forward applicable mail to, (c) prompt notice of any changes to the name of the entity or the fictitious names or change in the mail forwarding address, (d) primary contact information, including accurate email address, for the person who is designated to receive mail and any other time-senstive correspondences on behalf of the entity enrolled in the service, and (e) any additional information as required. Main Street will not be held lliable for any mail forwarding-related issues arising from incorrect or outdated information that the Client has either provided directly or has failed to provide to Main Street.
(c)(i) Conditions. The Client recognizes that Main Street’s’ Utah office address may be used only where the specific Privacy Address Package Tier indicates and that they are bound to the monthly mail usage limit pursuant to the specific Privacy Address Package Tier they have purchased and which can be viewed on mainstreetbusiness.com. Any mail received from an unapproved source will be returned to the sender. The Client recognizes that packages/boxes are not covered under this service and will be returned to the sender. Furthermore, the Client acknowledges that they will be subject to the automatic payment guidelines outlined within this Terms of Service below under the Automatic Payments - Terms and Conditions section as it relates to applicable charges for exceeding the monthly usage limit and additional postage charges. The Client recognizes and agrees to not utilize Main Street’s mailing address for the purposes of a Return Address. The Client further recognizes that the usage of the Privacy Address Package Tier must also be used with our Registered Agent Service or any of our service tiers that include Registered Agent Service. If the Registered Agent Service is not needed, the Client cannot use the Privacy Address Service(s).
(d) Software. We provide “Software as a Service” (SaaS) and software to support our Managed Services and Registered Agent Service. By using our software, which is part of our Website, you agree to the terms of this Agreement and our Privacy Policy in all aspects. You are responsible for updating Main Street with any changes to your entity’s legal name, “good standing” status, and your contact information and ensuring that our communications generally reach you.
(e) Onboarding. The Client acknowledges that Main Street is required to collect specific information and documents from them in order to successfully carry out the service(s) they have agreed to purchase from Main Street. The Client’s failure to provide any of the requested information or documents to Main Street during the onboarding process will result in the Client being placed in a “pending onboarding” status and that certain services will not be completed by Main Street until the requested information or documents have been submitted to Main Street. During the onboarding process, Main Street agrees to demonstrate reasonable effort to notify the Client of any information or documents that are required in order to complete services; however, Main Street will not be liable for any damages, fines, or penalties the Client may incur as a result of any services or duties Main Street is unable to perform due to any previously requested information or documents Main Street has not received from the Client.
THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "WHERE IS" BASIS, WITHOUT ANY WARRANTY. MAIN STREET MAKES NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE WEBSITE AND SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY CONTENT, INFORMATION, PRODUCT OR SERVICE CONTAINED ON THE WEBSITE, AND EXPRESSLY DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
WITHOUT IN ANY WAY LIMITING THE SCOPE OF THE GENERAL WARRANTY DISCLAIMER ABOVE, WE MAKE NO WARRANTY OF ANY NATURE WHATSOEVER (A) THAT THE WEBSITE, SERVICES, OR FORMS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, (B) THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (C) WHETHER OR NOT OUR FORMS APPLY TO YOUR PARTICULAR FACTUAL SITUATION, (D) WHETHER OR NOT ANY PROVISION, TERM, OR CONDITION IN ANY FORM IS LEGALLY ENFORCEABLE IN ANY PARTICULAR FACTUAL SITUATION, (E) REGARDING THE CONTENT, ACCURACY, OR RELIABILITY OF ANY TEMPLATE OR DOCUMENT PUBLISHED OR PROVIDED BY ANY GOVERNMENT AGENCY OR OTHER AUTHORITY, (F) REGARDING THE MANNER IN WHICH OR SPEED WITH WHICH A GOVERNMENT AGENCY OR OTHER AUTHORITY WILL PROCESS FILINGS THAT WE MAKE ON YOUR BEHALF, (G) WHETHER OR NOT A PARTICULAR GOVERNMENT AGENCY OR OTHER AUTHORITY WILL APPROVE A FILING THAT WE MAKE ON YOUR BEHALF, OR (H) REGARDING THE QUALITY, ACCURACY, OR RELIABILITY OF ANY SERVICES OR PRODUCTS YOU OBTAIN THROUGH AN INDEPENDENT CONTRACTOR THAT WE REFER YOU TO.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAIN STREET AND OUR MANAGING MEMBERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES OR ANY LOSS OF PROFITS, SALES, BUSINESS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; OR (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE WEBSITE, EVEN IF MAIN STREET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MAIN STREET’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE WEBSITE EXCEED THE GREATER OF (I) ANY AMOUNTS PAID BY YOU TO MAIN STREET IN THE 12-MONTH PERIOD PRECEDING ANY CLAIM; OR (II) TEN DOLLARS ($10.00).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
We collect information on you and your business through various methods, including but not limited to online submission forms, questionnaires and Information Request Forms, and email correspondence with Main Street employees. These methods, along with any document forms which we have drafted, or which were drafted on our behalf by a third party engaged by us, that we, in turn, provide to you for use or that we use on your behalf in providing Services are referred to herein as “Forms and/or Applications.”
By entering into this Agreement, you authorize us to (a) use, distribute, reproduce, modify, publish, and translate the information you provide us with (whether personal in nature or otherwise) as needed to provide the Services, (b) use your electronic signature to submit filings to government agencies and other authorities on your behalf, and (c) communicate with government agencies and other authorities concerning filings that we make on your behalf. You agree to inform us in a timely manner of any change to your authorized signer for these filings on Forms and Applications.
If you order certain types of Services, we may refer you to an independent contractor to provide you with those Services. If you choose to work with such an independent contractor, the terms and conditions in this paragraph will apply. We will never ask or instruct any independent contractor to provide you with legal, tax, or financial advice. Similarly, you agree you will not ask any independent contractor we refer you to for any legal, tax, or financial advice that relates to or is otherwise connected with the Services. If, for any reason, you do ask an independent contractor that we have referred you to for legal, tax, or financial advice and the independent contractor provides such advice, then (a) you agree any such advice was made at your request, and (b) any lawyer-client, tax advisor-client, or financial advisor-client relationship that results between you and the independent contractor will exclude us. Moreover, regardless of the nature of the Services or advice that an independent contractor that we refer you to provides you with, we will not verify the accuracy or correctness of the advice you receive, and we will not be in any way responsible or liable for any error or omission of the independent contractor. However, nothing in this Agreement in any way prevents you from filing a claim directly against such an independent contractor if the independent contractor commits an error or omission. If you work with such an independent contractor, that independent contractor may or may not have agreements, terms and conditions, and contractual provisions that it will require you to agree to, and they may be different from our Terms and Conditions.
Main Street may collect and share specific information related to you and any of the entities you have enrolled in our services, or the services with any of our affiliated parties. These affiliated parties may include, but not be limited to, KKOS Lawyers, Directed IRA, Main Street Tax Pros, and Registered Agent Solutions, Inc. Information collected and shared between our affiliated parties is limited to information required to complete or fulfill services that have been requested or purchased by you, either directly through us, or with any of our affiliated parties.
The quality and accuracy of all Services we provide to you will be based almost exclusively on the information and the directives you provide. At no time will we (a) verify the legal or factual accuracy or correctness of any information or direction that you provide to us, (b) verify that any of your business activities, products, licenses, tax filings or services are lawful, (c) provide you with any legal, tax, or financial advice, opinions, or recommendations of any nature whatsoever, (d) provide you with suggestions as to what specific information to include in any documents, or (e) review or analyze your particular factual situation or your plans or strategies.
You are responsible for making all arrangements necessary for you to have access to our Website. You are responsible for ensuring that all people who access our Website through your Internet connection are aware of these Terms and that they comply with them. You acknowledge and agree that performance of the Services shall be dependent on the timely completion of your responsibilities and obligations under this Agreement and that additional fees may apply with respect to any modifications to standard documents or processes made by you or at your request. Notwithstanding anything to the contrary herein, you will be responsible for (a) the accuracy and completeness and the compliance, sufficiency, and effectiveness under applicable law of all data, documents, templates, or other information provided to Main Street or inputted into Main Street’s system by you, or otherwise modified by us or at your request, (b) the consequences of any instructions given by you to Main Street, (c) informing Main Street of any changes in your information, and (d) maintaining correct Account permissions and settings.
While rendering services, we require your timely responses to requests for information, signatures, documentation, and other materials for us to provide an effective service to you. Failure to return requested materials to us promptly can result in delays in providing service, loss of good standing, and additional filing fees.
When using the Website and/or ordering and using Services, you agree to abide by common standards of decency and act in accordance with the law. By way of example and not limitation, you agree not to: (a) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (b) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; (c) Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; (d) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Websites, Apps or Services, or another's computer; (e) Conduct or forward surveys, contests, pyramid schemes or chain letters; (f) Download any file posted by another user of a Website, App, or Service that you know, or reasonably should know, cannot be legally distributed in such manner; (g) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; (h) Violate any applicable laws or regulations; (i) Purchase, use, or access the Services for the purpose of building a competitive product or service or for any other competitive purpose; and (j) Misuse our Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide.
Main Street does not represent or warrant that the Website is error-free or free of viruses or other harmful components or that defects will be remedied. Main Street does not warrant or represent that the information available on or through the Website will be correct, accurate, timely, or otherwise reliable. Main Street may make improvements and/or changes to features, functionality, or content on the Website at any time. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our Website or due to your downloading of any content from it, or on any Website linked to it except to the extent any resulting damage is caused by our gross negligence or willful misconduct.
You are responsible for configuring your information technology, computer programs, and platform in order to access our Website. You should use your own virus protection software.
You must not misuse our Website by knowingly introducing viruses, Trojans, worms, logic bombs, or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored, or any server, computer, or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack.
We own all rights, titles, and interest in and to the Website, all trademarks, trade dress, logos, graphics, and designs on the Website, and our Forms, and nothing in this Agreement can be construed as granting or conveying any such right, title, or interest to you. If we provide you with a Form, we will grant you a limited, personal, non-exclusive, non-transferable license to use the Form for your internal business use, and to make modifications to the Form for such use. You agree that you will not (a) use, copy, re-publish, reproduce, resell, or redistribute any Form, except in accordance with the license we have granted to you under this Agreement, or (b) omit or remove any copyright notice from any Form.
You are granted a non-exclusive, non-transferable, revocable license to access and use the Website strictly in accordance with the terms of this Agreement. As a condition of your use of the Website, you warrant to Main Street that you will not use the Website for any purpose that is unlawful or prohibited by the terms of this Agreement. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website, or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website. This license shall automatically terminate if you violate any of these restrictions, and Main Street may terminate the right at any time, in its sole discretion.
All content included as part of the Website, such as text, graphics, photos, videos, logos, marketing content, whitepapers, blog posts, webinars, images, as well as the compilation thereof, and any software used on the Website, is the property of Main Street or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website.
Main Street content is not for resale. Your use of the Website does not entitle you to make any unauthorized use of any protected content, and you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your company’s or your personal use and will make no other use of the content without the express written permission of Main Street and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Main Street or our licensors except as expressly authorized by these Terms.
You may provide links to this Website, provided you do so fairly and legally. You may not remove or obscure, by framing, mirroring or otherwise, any portion of the Website. You will discontinue providing links to the Website if requested by Main Street.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our homepage in any Website that is not owned by you.
We reserve the right to withdraw linking permission without notice.
Our Website may contain links to other Websites (“Linked Websites”). The Linked Websites are not under the control of Main Street, and Main Street is not responsible for the contents or security of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a linked website. Main Street is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Main Street of the Linked Website or any association with its operators.
Generally, we must receive payment from you prior to providing any Services that you order. If we invoice you for Services, the invoice will be due and payable within thirty (30) days of the invoice date. We accept payment by (a) credit card/debit card and recurring credit card/debit card, and (b) ACH. Personal or business checks are only accepted on an as-needed-basis and are not generally preferred. We do not accept cash payments.
Any payment you make by credit card will not be effective until the payment is processed. Third-party vendors will process all credit card payments you make to us. We do not and will not have any control over how quickly or accurately any third-party vendor processes any payment that you make. By paying for Services by credit card, you expressly assume all risk that the third-party vendor may make an error in processing a payment you make or handling information you provide. We do not and will not have any access to or control over security reviews that any third-party vendor conducts for payments that you make, any access to information regarding any payment you make that a third-party vendor declines, or any access to any of your credit card data. In addition to not having access to any of your credit card data, we do not and will not store any of your credit card data.
Any payment you make by any check aside from a cashier’s check will not be effective until the check clears and the funds are posted to our account. If you pay for Services by check but the payment is not enough to fully pay for the Services you ordered, we may deposit the check without being deemed to have accepted the deposit as full and final payment for the Services. In such event, we will contact you and request that you promptly pay the difference owed, and you will be obligated to pay any such difference before we provide any Services. If you pay by check and the check is not fully honored by the bank against which the check is drawn, we will be entitled to charge you a $35 processing fee prior to rendering any Services.
We will be entitled to assess a late fee or an order processing fee on (a) any amount we have invoiced you and that you fail to pay on or before the due date, and (b) any amount at the discretion of Main Street. If you fail to pay any invoiced amount, or you obtain a credit card “chargeback” for any amount you have paid to us, you will pay all attorney fees and costs we incur in collecting the amount from you irrespective of whether or not we initiate an arbitration or legal proceeding against you.
By enrolling in our recurring payment program, you authorize Main Street to initiate: (a) recurring automated clearing house (ACH) debit entries or debit or credit card payments from the checking or savings account you specify, or (b) recurring charges from your specified credit/debit card.
You agree to be bound by any rules your financial institution requires for pre-authorized electronic funds and transfers and/or your debit or credit card issuer requires for pre-authorized debit or credit card transactions. You are responsible for all fees your financial institution charges associated with the pre-authorized payment option.
YOU HAVE THE RIGHT TO TERMINATE YOUR AUTHORIZATION AT ANY TIME ONLINE BY LOGGING INTO YOUR ACCOUNT AND TERMINATING AUTOMATIC PAYMENTS OR BY CALLING MAIN STREET AT (435) 288-0922.
Furthermore, you agree to maintain an active and updated form of payment (credit or debit card) on file via your client portal at all times during your active enrollment within any of our services and service packages. You must update all changes to your credit/debit card information by logging into your account and making the changes. If you do not update your credit/debit card information and Main Street is unable to charge your card for the amount due on your Main Street account, you may be subject to applicable late fees, and any fees or charges assessed by your financial institution. Additionally, if Main Street is unable to charge your credit/debit card and successfully collect any applicable fees due to the state for renewals, you may be subject to state-imposed penalties in addition to having your entity fall out of good standing with the state. Main Street shall bear no responsibility for any state-imposed penalties or standing with the state that may be compromised as a result of our inability to adequately collect payment from you for services and fees due at the time in which they are due.
Unless otherwise indicated, Main Street processes all recurring payments for the services you are enrolled in, including any applicable filing, change, or administrative fees, at least 30-days, but no more than 90-days prior to your service renewal date. For example, clients with a service renewal date in the month of March, will be charged for all applicable services and fees on, or around, February 1st.
Our Registered Agent service is billed annually at $125.00 per year, per entity.
Clients with entities that require their Registered Agent information to be updated with the Secretary of State may be subject to applicable filing/change fees to process the update with the Secretary of State. If applicable, Main Street will render the filing/change fee by including this amount in the total purchase price for Registred Agent service. Generally, this is a one-time fee that is required by most states when updating an entity’s Registered Agent of record information with the Secretary of State. The specific filing/change fee varies by state. The amount rendered from the Client by Main Street to satisfy the filing/change fee will reflect the amount required by the state in which the change/update is required to be made in based on the state in which the Client has requested services.
Clients with newly formed entities where Main Street is being listed as it’s first Registered Agent are not subject to the aforementioned filing/change fee.
Our Company Compliance Service (CCS) is billed annually at $199.00 per year, per entity.
CCS includes annual state renewal filing, one (1) completed set of annual company minutes, Federal and State compliance monitoring, up to 3 simple amendments per year completed by Main Street, and access to standard board meeting minute templates via the client portal.
All clients enrolled in our Privacy Address Service will be subject to applicable charges for overages related to monthly mail usage.
The maximum number of envelopes clients may receive within each calendar month is 25. After which, a charge of $200.00 will be automatically rendered on the debit/credit card you have on file to upgrade you to 100 envelopes per month. To prevent overage charges, you must instruct Main Street in advance of exceeding your overage to (a) reject any incoming mail that exceeds the monthly limit of 25 and return it to sender, or (b) complete an upgrade purchase to increase your monthly mail usage count.
By enrolling in our Privacy Address service you hereby grant Main Street the authority to automatically charge your debit or credit card for any applicable monthly mail overage charges with or without your expressed consent. You further agree to accept responsibility for any overage charges that may accrue if in the event Main Street is unable to deduct applicable charges from your debit or credit card and that you will remit payment to Main Street within 30 days or less for any overage charges you are invoiced for.
Main Street also reserves the right to automatically charge your credit or debit card for any applicable postage charges related to any mail or packages received in your name or on behalf of your company in which our office is required to physically forward to you or any address you have instructed us to forward it to.
Main Street agrees to demonstrate reasonable effort to electronically (email) notify you of any potential, forthcoming, overage charges associated with your Privacy Address service. This may include, but is not limited to, at minimum, one email notification pertaining to your current mail count for the month, “warning” notifications as you approach your monthly mail count limit with detailed information regarding overage charges you will be subject to if you exceed the limit, available upgrade options, or alternative options available to you to avoid overage charges. It is your responsibility to frequently monitor the email account associated with your Main Street services and to take the appropriate action required to prevent any overage charges being automatically deducted from your debit/credit card, or accruing on your account.
In the event of any charge disputes with your credit card company, financial institutions, or any of our payment processing providers that may arise as a result of overage charges deducted from your debit or credit card that you have on file for your Main Street account, regardless of whether the dispute was initiated by you or automatically by your credit card company or financial institution, you agree to withdraw the dispute, or instruct your credit card company or financial institution to withdraw the dispute on your behalf, if Main Street can furnish you and and your credit card company or financial institution with the following information:
MAIN STREET SHALL BEAR NO LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OF ANY KIND THAT YOU MAY INCUR FOR ANY DELAY IN THE ACTUAL DATE ON WHICH YOUR ACCOUNT IS DEBITED OR YOUR CREDIT CARD IS CHARGED.
Main Street reserves the right to change these terms and terminate this Program at any time. These terms do not in any way terminate, amend, or modify other terms, agreements, or policies that apply to your Main Street account or any services you receive or other agreements you may have with Main Street.
Each of the service offerings listed and outlined above are available to be bundled/combined through the selection of the following service tiers:
Compliance Safeguard - $324.00 per year, per entity (state renewal and applicable filings fees not included and are billed separately)
Services included:
Privacy Assurance - $525.00 per year, per entity (applicable filings/change fees not included and are billed separately)
Services included:
Privacy Safeguard + - $724.00 per year, per entity (state renewal and applicable filings/change fees not included and are billed separately)
Services included:
Main Street reserves the right to update or change the prices associated with any of our individual or bundled service tiers at any time. Changes/updates to prices will be published in our Terms of Sevice. We will notify you via email or pop-up message in your client portal when we have published updates to our Terms of Service. It is your responsibility to carefully review our Terms of Service each time we have notified you of a newly published update. By selecting that you have read and agreed to our Terms of Service each time you are required to do so, you automatically agree to any changes/udpates to prices for any of the individual services or bundles service tiers you are enrolled in and which you may be subject to automatic payments for.
For any of our service package tiers that include annual state renewals and annual company minutes drafting, services may not be cancelled after Main Street has initiated the work involved with completing these services. Any cancellation request received after this period will be honored; however, the full cancellation will not take effect until the completion of the current membership timeframe. No refunds will be issued for any cancellation requests received after Main Street has completed CCS work (state renewals and annual minutes drafting). Partial/prorated refunds may be issued for services canceled prior to the commencement and/or completion of work. Full refunds will only be issued if the cancellation request is received no more than thirty (30) days after the services were purchased so long as work related to the services has not yet been started or completed.
Registered Agent is billed annually in conjunction with the service package you have purchased it with, excluding scenarios where it has been purchased as a standalone service. As long as Main Street or any of our related Registered Agent affiliate information is listed as your Registered Agent of record, we are considered to be providing Service, and therefore you will continue to be billed for this Service even if you have submitted a request to cancel the Service.
To cancel your Registered Agent Service, prior to the due date of your recurring payment, you must show us that you have (a) changed your registered agent with the state, (b) have dissolved or withdrawn your business, or (c) that we are not listed on public records for some other reason. If you wish to cancel after the service due date, our information must not be listed on state records. You will continue to be billed for each month that Main Street, including our related Registered Agent affiliate(s) remain listed with the state as your Registered Agent of record and you will be responsible for any amount you are billed in connection for time Main Street continues to be listed as your Registered Agent.
In the event we are required to cancel/terminate your Registered Agent service due to nonpayment or any other reason which requires us to remove our, or our related Registered Agent affiliate information with the state as the Registered Agent of record for your entity, you will be billed for (a) any applicable fees we are required to remit to the state to process the removal of our information, (b) a one-time administrative removal fee of $25.00, and (c) for the time in which we remained listed as the Registered Agent of record for your entity following your recurring payment due date, each of which will be considered due and payable upon generation of our invoice.
Privacy Address service is billed annually in conjunction with the service package you have purchased it with. As long as our office address information is listed on public records, we are considered to be providing Service, and therefore you will continue to be billed for this Service even if you have submitted a request to cancel the Service.
To cancel your Privacy Address service and stop ongoing charges, prior to the due date of your recurring payment, you must show us that you have (a) removed our office address with the state, (b) have dissolved or withdrawn your business, or (c) that we are not listed on public records for some other reason. If you wish to cancel after the service due date, our office address information must not be listed on state records, and you will be responsible for any amount you are billed in connection for time Main Street in which our address remains listed on state records.
In the event we are required to cancel/terminate your Privacy Address service due to nonpayment or any other reason which requires us to remove our office address with the state, you will be billed for (a) any applicable fees we are required to remit to the state to process the removal of our office address, (b) a one-time administrative removal fee of $25.00, and (c) for the time in which our office address was listed with the state following your recurring payment due date, each of which will be considered due and payable upon generation of our invoice. Furthermore, by agreeing to this Terms of Service Agreement, you hereby grant Main Street authorization to complete, sign, and submit, on behalf of you and your entity, any applicable forms required by the state to request and complete the removal of our office address if in the event you voluntarily or involuntarily fail to respond to our requests to complete this removal.
For Clients using our Privacy Address service for the primary address of their entity or entities in the states of Louisiana, Maryland, Massachusetts, Nebraska, or South Carolina, each of which are serviced through our third-party Registrered Agent service provider, Registered Agent Solutions Inc., you hereby agree that in the event of the voluntary or involuntary cancellation/termination of your Privacy Address service, you shall bear the full responsibility of any fees required to be paid to the Secretary of State for the removal of our address with the state. Furthermore, if in the event you abandon the entity or entities enrolled in our Privacy Address service for any reason, Main Street reserves the right to request the removal of our address directly with the state without your permission. In this case, Main Street will bill you for any applicable fees it absorbs from the state to process the removal of our address, and reserves the right to forward any such bill to a third-party collection agency if we are unable to resolve the outstanding balance directly with you.
In the event of the cancellation or termination of your services, you will continue to have access to your Client portal, including all documents stored in your Box folders for a period of up to 75 days. After which time, your client portal will be deleted and all documents will be zip filed and emailed to you using the primary email address associated with your account.
Requests to alter your services, and more specifically, requests to downgrade or remove specific services after they have been purchased will only be honored within the first 30-days from the purchase date unless work related to the services has been initiated or completed in which case, any request to alter or downgrade will not be honored and the subscription will remain in effect until the expiration date (12 months from date of purchase).
If in the event any alteration or downgrade is approved by Main Street, you will be subject to the Voluntary Cancellation terms for the applicable service(s) outlined above under the “Canceling Your Services” section that you have elected to alter or cancel.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY AND HOLD US AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND INDEPENDENT CONTRACTORS HARMLESS FROM AND AGAINST, AND WILL PAY TO EACH OF THE FOREGOING THE AMOUNT OF, ANY LOSS, LIABILITY, DAMAGE, OR EXPENSE (INCLUDING, BUT IN NO WAY LIMITED TO, REASONABLE ATTORNEY’S FEES) INCURRED, WHETHER OR NOT ARISING FROM A THIRD-PARTY CLAIM, THAT ARISES FROM OR RELATES TO ANY CLAIM OF ANY NATURE (WHETHER SOUNDING IN CONTRACT, NEGLIGENCE, OR OTHERWISE) INVOLVING YOUR BREACH OF THIS AGREEMENT, VIOLATION OF LAW, OR WILLFUL MISCONDUCT, RECKLESSNESS, NEGLIGENCE, ERROR, OMISSION, ACTION, OR INACTION. FURTHERMORE, YOU EXPRESSLY AGREE THAT OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND INDEPENDENT CONTRACTORS ARE THIRD-PARTY BENEFICIARIES OF YOUR OBLIGATION TO INDEMNIFY.
We will not be in violation of this Agreement to the extent we are unable to provide the Website or Services due to any act of God, natural disaster, casualty, accident, shortage of labor or materials, Website interruption or computer system failure, act of government, law, rule, or regulation, act of terrorism, or similar type of event or occurrence beyond our control.
UNDER NO CIRCUMSTANCES WILL YOU HAVE ANY RIGHT OR AUTHORITY TO BRING OR PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR ARBITRATION FILED AGAINST OR INVOLVING US.
(a) What is Arbitration? “Arbitration” is a dispute resolution process that is less formal than a traditional court proceeding, is guided by a neutral arbitrator as opposed to a judge or jury, and allows for limited factual discovery as compared to a court proceeding. Typically, arbitration awards are subject to very limited review by courts.
(b) The Arbitration Agreement. By entering into this Agreement, you expressly agree that any dispute or conflict arising between you and us will be resolved in binding arbitration. AS A RESULT OF ENTERING INTO THIS AGREEMENT, YOU ARE FOREVER WAIVING (I) YOUR RIGHT OR AUTHORITY TO BRING OR PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR ARBITRATION FILED AGAINST US, AND (II) YOUR RIGHT TO HAVE ANY CLAIM YOU HAVE AGAINST US DECIDED BY A JURY.
(c) Initiating Arbitration Against Us. If you have a claim against us, you may initiate arbitration against us by sending a written notice addressed as follows:
Main Street Business Services LLC
Attn – Arbitration Notice
1883 W Royal Hunte Dr, Ste 200
Cedar City, UT 84720
However, such notice will only be effective if it (i) is sent by certified mail, (ii) includes a description of the nature and basis of the claim or dispute, and (iii) specifies the relief (whether monetary or otherwise) that you are seeking from us, i.e. your “Demand,” and the dollar value of such relief if you are seeking monetary relief.
(d) Arbitration Fees and Process. Regardless of the value of your Demand, we will equally split with you the initial arbitration filing fee for any arbitration you initiate, subject to the provisions set forth herein regarding reimbursement. For any arbitration that we initiate against you, we will pay the entire initial arbitration filing fee and will not be entitled to any reimbursement from you, regardless of the outcome of the arbitration.
Any arbitration under this Agreement will be administered by the American Arbitration Association under its Consumer Arbitration Rules (the “Rules”) by a single arbitrator who is appointed in accordance with the Rules. You may obtain a copy of the Rules at www.adr.org or by calling 1-800-778-7879.
To the extent the Rules allow, you will have the choice to have the arbitrator decide your claim (i) solely on the basis of documents submitted to the arbitrator, (ii) after a hearing conducted by telephone, or (iii) after a live, in-person hearing is conducted. After you have chosen how the arbitrator will decide your claim, and assuming you have elected to have the arbitrator decide your claim after either a telephone or live, in-person hearing, we will have the option to participate solely by submitting documents or by telephone, and we will promptly notify the arbitrator of our choice in that regard. If you, or both you and we, have indicated a preference for, or the Rules otherwise require a live, in-person hearing, the arbitrator will determine the location at which the arbitration hearing will take place per the following guidelines: (i) If you have requested, or the Rules require a live, in-person hearing, but the Rules allow us to, and we have indicated we will participate by submitting documents or by telephone, then the arbitrator will conduct the arbitration hearing at a specific location of his choice in the county (or parish) where you are domiciled; (ii) If you have requested a live, in-person hearing and the Rules require us to, or we have indicated we will, attend the hearing, then the arbitrator will conduct the arbitration hearing at a specific location of his choice in Iron County, UT.
If the arbitrator does not award you your full Demand, then we will not be responsible for reimbursing you for arbitration filing fees and the arbitrator will allocate his fees as he deems appropriate, taking into consideration the Rules and the outcome of the arbitration. If, however, an arbitrator awards you your full Demand, then (i) we will reimburse you for the arbitration filing fee you paid, and (ii) the arbitrator may order us to pay some or all of his fees if he deems it appropriate to do so because the value of your Demand is very low relative to the share of the arbitrator’s fees you would otherwise have to pay.
(e) Governing Law and Arbitrator Jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of all arbitration provisions in this Agreement. Any arbitrator selected under the Rules to administer an arbitration under this Agreement will have sole and exclusive jurisdiction to determine the scope, enforceability, and interpretation of the arbitration provisions in this Agreement.
We may refuse to provide Services or enter into a relationship with anyone at any time, including you. If we enter into a relationship with you, we may terminate that relationship at any time if (a) you fail to pay an invoice for Services in a timely fashion, (b) you fail to honor your obligations under this Agreement, (c) you make any attempt to or do in fact use the Website or the Services in any way that could damage or impair our networks or servers, (d) you make any attempt to or do in fact gain unauthorized access to the secure login or otherwise misuse the Website in any way, (e) we learn or suspect that you are attempting to or have used the Website, any of the Services, or any of the Forms to further an unlawful objective, (f) we learn or suspect an unauthorized user is using your account with us, (g) we choose to do so for any reason or no reason at all, or (h) if the other Party seeks protection or commences any action under applicable bankruptcy laws or similar laws regarding insolvency or relief for the debtor. If we terminate our relationship with you, we will promptly refund the amounts you paid for the Services minus compensation for any Services we have performed before your cancellation, any filing fees we paid on your behalf in performing those Services, and a reasonable processing fee. Main Street may terminate this Agreement at any time if legally required or upon the belief of Client’s illegal or improper use of the Services.
In the event of any such termination, (i) Client will pay Main Street for (a) Services provided under this Agreement to Client up through the date of termination and (b) Services that Main Street is legally required to provide to Client following termination, (ii) with respect to Registered Agent Services and Privacy Address, Client shall also pay all fees in connection with the removal of our local registered agent information and/or address used with the Secretary of State from the records of applicable government agencies, and (iii) all rights (including any access and use rights and licenses) granted to Client by Main Street under this Agreement related to the terminated Services shall be terminated.
In the event you breach or threaten to breach this Agreement, the damage or imminent damage to our value and goodwill cannot be calculated, and therefore, any remedy at law or in damages shall be inadequate. Accordingly, you agree that we are entitled to injunctive relief against you in the event of a breach or threatened breach and any other relief available to us.
The Website is controlled, operated and administered by Main Street from our offices within the USA. The terms of this Website and any claims related to this Website, except as required under applicable United States Federal law, shall be governed by the laws of Iron County, UT, without regard to its conflict of law provisions. Any action arising out of or relating to these the terms of this Agreement or Privacy Policy shall be filed only in state or federal courts located in or sitting over Iron County, UT, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
The Website is not designed for use outside of the United States or to be compliant with the laws of any non-U.S. nation. If you access the Website from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Main Street content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations. By entering into this Agreement, you and we expressly disclaim the United Nations Convention on Contracts for the International Sale of Goods. As a result, the United Nations Convention on Contracts for the International Sale of Goods will not govern or have any application to the interpretation of this Agreement, any dispute arising from or related to this Agreement, or the relationship between you and us.
You may not assign any contract or order without our prior written consent. In no event shall any permitted assignment relieve you of your obligation to pay and other obligations under this Agreement, but we reserve the right to seek payment and recovery from any lawful assignee or the person or entity which has assumed your assets or business.
You agree that in the event of any legal action brought by or against Main Street, the non-prevailing party shall pay to the prevailing party all costs and expenses incurred in connection with such action, including but not limited to attorneys’ fees, lien fees, court costs and any other costs of litigation or collection proceedings.
This Agreement, along with our Privacy Policy in the form it exists as of the time at which you purchase a particular Service, will constitute the entire contract between us and you relating to that Service and the Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Main Street.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
No delay on our behalf in exercising, or any failure by us to exercise, any right or remedy available to us under this Agreement will be construed as a waiver unless reduced to writing and signed by us.
If any provision of this Agreement is held invalid or unenforceable by any court or arbitrator of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not specifically held invalid or unenforceable.
This Agreement is binding on your successors, assigns, heirs, legal representatives, and personal representatives. This Agreement is binding on our successors and assigns.
Except as otherwise expressly provided in this Agreement, there are no third-party beneficiaries of the Agreement.
In construing this Agreement, the following rules apply: (a) The headings used in this Agreement are for ease of reference only, and cannot be used to construe the Agreement; (b) The singular includes the plural and the plural includes the singular; and (c) Common nouns and pronouns will be deemed to refer to the masculine, feminine, neuter, singular, and plural.