VoomMax TERMS OF USE and SERVICE
Updated November 1, 2024
PLEASE READ THESE TERMS OF USE AND SERVICE CAREFULLY BEFORE USING THIS SITE.
Privacy
By accessing or using the VoomMax website (the “Site”) or any related VoomMax applications or plug-ins (collectively, the “Applications”), you agree to comply with these Terms of Service (“Terms”) and all applicable local, state, and federal laws and regulations, including export and re-export control laws. “You” and “Your” refer to any individual or entity accessing the Site or using the Services, while “we,” “us,” and “our” refer to VoomMax, Inc. (“VoomMax“) and the Services we provide.
1. User Account
2. Ownership and Content
3. Links to Third-Party Websites
4. No Warranty
5. Limitation of Liability
6. Indemnification
7. Unsolicited Submissions
8. Electronic Communications
By using the Site or Services, you consent to receive electronic communications from VoomMax. These communications may include notices, agreements, and other information related to your use of the Site and Services. You agree that all such communications satisfy any legal requirement that such communications be in writing.
9. Governing Law and Dispute Resolution
10. Termination
VoomMax reserves the right to suspend or terminate your access to the Site or Services at any time, without prior notice, for any reason, including but not limited to any violation of these Terms.
11. Modifications
Nature of Services and Relationship
Our Services
1. Managed Services
(a) Document Preparation, Filing, and Retrieval Services:
VoomMax offers a range of services for businesses and nonprofits, including but not limited to business entity registration, exemption filings, license applications, and document retrieval related to an entity’s legal status. These services are performed at the direction of the Client based on the information provided by the Client.
(b) Attorney Representation:
VoomMax works with affiliated attorney firms to facilitate the search, filing, and prosecution of intellectual property on behalf of our Clients.
(i) Scope of Services:
The participating firm (the “Firm”) will provide the Client with the following services:
- Trademark Services
- Patent Services
- Copyright Services
The Firm’s representation of the Client will conclude upon the filing of the trademark application, termination of the Firm’s relationship with VoomMax, or the need for further services to continue the prosecution of the mark or other trademark matters before the United States Patent and Trademark Office (USPTO).
(ii) Client’s Duties:
The Client agrees to be truthful with the Firm and provide all necessary factual and documentary evidence required for the Firm to perform the services contemplated by this Agreement. In the event that the Firm is unable to contact the Client, the Firm may terminate further representation by sending an email to the Client’s last known email address and filing the necessary documents to withdraw from representation.
(iii) Confidential Information:
The Client understands and agrees that all communications with the Firm will be conducted through the Firm’s VoomMax email account. By signing this Agreement, the Client consents to the Firm’s disclosure of all communications regarding the requested services to VoomMax and waives attorney-client privilege for such communications. All communications made by the Client to the Firm will be shared with VoomMax and will not be protected by attorney-client privilege.
(c) Signing Authority:
The Client authorizes the Firm to execute all necessary documents in connection with legal representation under this Agreement. The Client designates VoomMax and the referred attorney as their representative with the power to bind the Client in connection with the services provided under this Agreement.
2. Disclaimer of Guarantee and Estimates
3. Registered Agent Services
(a) Provision of Services:
VoomMax may provide or refer registered agent services in all 50 U.S. states, the District of Columbia, and Puerto Rico. These services are limited to acting as a registered agent for legal entities in accordance with applicable state laws. By purchasing these services, the Client acknowledges and accepts the limited role of the registered agent, which includes maintaining a physical office location for receiving legal documents on behalf of the Client.
(b) Duties of the Registered Agent:
The registered agent’s responsibilities are limited to:
- Maintaining a physical office location during business hours.
- Receiving legal documents, service of process, and government notices on behalf of the Client.
- Forwarding these documents to the Client in a timely and secure manner as required by state law.
(c) Limitation of Liability:
VoomMax’s liability in providing registered agent services is strictly limited to the receipt and forwarding of documents in accordance with statutory obligations. VoomMax will not be held responsible for any legal proceedings, lawsuits, claims, or actions against the Client. VoomMax is not involved in any legal actions or decisions related to the Client’s entity.
4. Independent Contractor Services
(a) Referral to Independent Contractors:
VoomMax may refer the Client to independent contractors for certain services. By accepting such a referral, the Client agrees to the terms outlined in this section.
(b) No Legal, Tax, or Financial Advice:
VoomMax will not instruct or require any independent contractor to provide legal, tax, or financial advice. The Client agrees not to request or seek such advice from any independent contractor referred by VoomMax.
(c) Relationship Between Client and Independent Contractor:
If the Client requests legal, tax, or financial advice from an independent contractor, the following terms will apply:
- Such advice will be given solely at the Client’s request and initiative.
- Any relationship formed between the Client and the independent contractor, including attorney-client, tax advisor-client, or financial advisor-client relationships, will be strictly between the Client and the independent contractor, without involvement by VoomMax.
(d) No Liability for Independent Contractor Services:
VoomMax is not responsible for the accuracy, reliability, or adequacy of any services or advice provided by an independent contractor. VoomMax disclaims any liability for errors, omissions, or other issues arising from the independent contractor’s services.
(e) Independent Contractor Accountability:
The Client is free to pursue any claims directly against the independent contractor in the event of an error, omission, or other issue arising from their services.
(f) Additional Terms from Independent Contractors:
Independent contractors referred by VoomMax may have their own terms and conditions. The Client may be required to accept these terms in order to receive services from the independent contractor.
5. Services Provided by Third Parties
(a) Third-Party Services:
By purchasing a product or service that involves third-party services, the Client acknowledges that additional terms and conditions may apply, which are provided on the third party’s website. The third party may contact the Client via email or phone to provide details on how to access the services or benefits.
(b) Disclaimers for Third-Party Services:
VoomMax disclaims all liability for any content, materials, products, or services offered or provided by third parties. VoomMax is not responsible for the quality, reliability, or availability of third-party services or products. The Client recognizes that third-party privacy policies and security measures may differ from those of VoomMax.
6. INFORMATION COLLECTION AND USE BY THE FIRM, AFFILIATES, AND THIRD PARTIES
(a) Responsibility for Providing Accurate Information:
You are responsible for providing accurate and up-to-date information about the entity you represent, including legal names, fictitious names, contact information, and any changes thereto. It is your obligation to ensure that all information provided is accurate, complete, and legally compliant.
(b) Transfer of Services:
The services provided by VoomMax are intended solely for the use of the original purchaser and are not transferable to any other party. Any attempt to assign, transfer, or sublicense these services without prior written consent from VoomMax is strictly prohibited and will be considered void. VoomMax reserves the right to refuse service or terminate the agreement if any unauthorized transfer or assignment is detected.
(c) Information Collection and Usage:
VoomMax collects information through submission forms, email communications, and other methods, including forms and applications submitted on your behalf. By entering into this Agreement, you authorize VoomMax to use and distribute your information as necessary to provide the services outlined in this Agreement.
In instances where independent contractors are required to provide certain services, this Agreement remains in effect, but VoomMax shall not be held liable for the advice or services provided by the independent contractors.
7. QUALITY AND ACCURACY OF SERVICES
8. YOUR RESPONSIBILITIES
9. PAYMENTS
(a) Payment Terms:
Payment is generally required before services are rendered. VoomMax accepts various forms of payment but does not accept cash. Payments made via credit or debit card are processed by third-party vendors. VoomMax is not responsible for any delays or errors in payment processing. If paying by check, services will not be rendered until the payment clears.
(b) Late Payment and Legal Fees:
If you fail to pay an invoice by the due date or dispute a charge, you agree to pay all associated legal fees incurred by VoomMax in order to collect the amount owed. VoomMax is not responsible for any delays in payment processing or collection.
10. NO REFUNDS POLICY
(a) Final Sales:
By placing an order with VoomMax, you acknowledge and agree that all sales are final. No refunds will be issued under any circumstances, except where VoomMax is determined to be at fault. Once service on an order has commenced, VoomMax incurs non-recoverable expenses, and refunding the transaction would result in financial loss. Any claims for refunds due to errors or other issues attributable to VoomMax must be submitted in writing and will be subject to review.
11. FILING FEES
(a) General Filing Fees:
Unless otherwise specified, filing and recording fees include but are not limited to all mandatory or applicable federal, state, county, and local administrative fees, name reservation fees, initial reports, publication notices, capitalization fees, franchise tax fees, expedite fees, certified copy fees, walk-in fees, courier fees, and any other transactional fees incurred by VoomMax on your behalf.
(b) Trademark Filing Fees:
The government filing fee for trademarks ranges from $250 to $350 per class. VoomMax utilizes either the TEAS Standard or the TEAS Plus system to file trademark applications. The filing fee for TEAS Standard is typically $350 per class, while the TEAS Plus system has a lower fee of $250 per class. If the TEAS Plus system can be used for your application, you will be allocated $250 to the USPTO fee, and you will receive a $100 Store Credit. If you choose not to use electronic communications or submission methods, or if the USPTO determines that you do not qualify for the TEAS Plus system, an additional $100 processing fee may be imposed by the USPTO. This fee will be assessed directly by the USPTO, and VoomMax will not be responsible for its payment.
12. SUBMISSION OF TRADEMARK, COPYRIGHT, AND PATENT MATERIALS
(a) Materials for Filing:
For certain trademark, copyright, and patent services, you may be required to submit materials such as specimens, drawings, or copies of your work. You acknowledge that VoomMax does not retain physical copies of these materials. Any physical materials not submitted to the relevant government agency will be securely destroyed. Digital copies may be retained for record-keeping purposes.
(b) Authority to File Applications:
(i) Trademark and Patent Applications:
By placing an order with VoomMax, you grant express authority to VoomMax to file your trademark or patent application with the USPTO. VoomMax may contact you for additional information or to review materials. If no response is received within seven (7) days, VoomMax reserves the right to file the application to avoid delays. You acknowledge that the USPTO may contact you directly for additional information following the submission of your application.
(ii) Trademark TEAS Electronic Filing and Communications:
VoomMax is authorized to direct the USPTO to contact you via the email address provided in your order. You agree to submit all documents and communications electronically using the USPTO TEAS system. Failure to comply with this requirement may result in an additional processing fee of $100 per class, which VoomMax will not pay on your behalf.
(iii) Copyright Application:
By placing an order with VoomMax, you authorize VoomMax to file your copyright application with the U.S. Copyright Office. VoomMax may request additional information or materials. If you do not respond within sixty (60) days, VoomMax reserves the right to file the application to prevent delays. The U.S. Copyright Office may contact you directly for further information following the submission of your application.
13. ORGANIZER, INCORPORATOR, OR EQUIVALENT
By accepting these Terms of Service and requesting business formation or related services, you authorize VoomMax to take all necessary actions to form your entity or complete the requested filing with the relevant government entity. These actions may include, but are not limited to:
(i) Listing you, an authorized representative, or VoomMax as the organizer, incorporator, or equivalent of your company;
(ii) Affixing your electronic signature or the e-signature of your appointed representative to formation documents;
(iii) Completing formation documents on your behalf;
(iv) Filing documents with the relevant authorities;
(v) Removing VoomMax as the organizer of your company once formation is complete.
14. VOOMMAX TRADEMARK SEARCH
(a) Scope of Trademark Search:
VoomMax trademark searches provide information on active federal trademarks, including those with statuses such as “LIVE,” “PENDING,” “PUBLISHED FOR OPPOSITION,” or “REGISTERED,” as available in the USPTO database at the time the search is conducted. Inactive trademarks, such as those marked “DEAD,” “ABANDONED,” or “CANCELLED,” are generally excluded from the search, although such trademarks may still impact your ability to register or use your trademark in commerce. VoomMax is not responsible for any effects that inactive applications, common law rights, or other factors may have on your trademark registration or use.
(b) Limitations of the Trademark Search:
While VoomMax and its affiliates make reasonable efforts to identify existing registrations or pending applications that may present a barrier to the registration of the mark, the client understands and agrees that the trademark clearance search is inherently limited by the availability and accuracy of databases and search algorithms. The search may not reveal all potential conflicts, including but not limited to:
- Unregistered or common law trademarks that are not included in the databases used for the search.
- Pending trademark applications or registrations that have not yet been made publicly accessible.
- Trademarks registered in foreign jurisdictions (unless specifically requested).
- Variations or similar marks that may not be detected by the search algorithms or criteria used.
(c) Accuracy and Completeness of Search:
You acknowledge that VoomMax takes reasonable steps to ensure the accuracy and completeness of trademark searches, based on its available resources, databases, and personnel. However, it is your responsibility to thoroughly review the search report to ensure that it meets your expectations and that all potential issues are addressed before making any decisions regarding your trademark application or use.
15.NO GUARANTEE OF TRADEMARK AVAILABILITY OR REGISTRATION
VoomMax and the Firm make no guarantees or assurances regarding the successful registration of your proposed trademark with the relevant trademark authorities. The Firm’s analysis of the search results is based on its subjective interpretation, and the Firm cannot predict with certainty whether the USPTO or any other trademark authority will approve the registration of the trademark. Any advice or opinions provided by VoomMax or its affiliates regarding the likelihood of success in registering your trademark are purely speculative.
16. LIMITATION OF LIABILITY
17. CLIENT ACKNOWLEDGMENT AND ASSUMPTION OF RISK
18. CONFLICT OF INTEREST & WAIVER OF LIABILITY CLAUSE
(a) Conflict of Interest Acknowledgment:
The Client acknowledges that VoomMax and its Affiliates provide services to multiple clients, some of whom may have interests in trademarks that are similar or potentially conflicting with the Client’s trademark interests. VoomMax and its Affiliates make no representation or warranty that conflicts between the Client’s interests and those of other clients will not arise during the provision of services or after the completion of services. VoomMax and its Affiliates agree to disclose any actual or potential conflicts of interest in compliance with applicable professional conduct rules.
(b) Client Consent:
By entering into this Agreement, the Client expressly consents to VoomMax and its Affiliates providing services to other clients, even if such clients’ interests may be or become averse to the Client’s trademark or business interests, provided that such representation does not violate applicable rules of professional conduct.
(c) Waiver of Conflict Objections:
The Client further agrees to waive any objections or claims of conflict of interest arising from VoomMax and its Affiliates providing services to multiple clients with potentially conflicting trademark interests, as long as VoomMax and its Affiliates comply with applicable professional conduct rules. In the event of an actual conflict of interest, VoomMax and its Affiliates will take appropriate action, including withdrawal of service, if necessary, but will not be held liable for any conflict that arises from representing multiple clients with conflicting interests.
(d) Limitation of Liability in the Case of Conflict:
VoomMax and its Affiliates shall not be liable for any damages, losses, or adverse outcomes resulting from providing services to multiple clients with potentially conflicting trademark interests, provided that VoomMax and its Affiliates have adhered to the applicable rules of professional responsibility. In the event of a direct conflict of interest, VoomMax and its Affiliates will take the necessary steps to resolve the issue but will not be liable for any damages that arise.
19. ABANDONED ORDERS
(a) Cancellation of Abandoned Orders:
If the Client fails to provide the necessary information or documentation required to complete the order within thirty (30) days, the order may be canceled and deemed abandoned. Both parties acknowledge that VoomMax has invested time and resources in processing the order up to that point.
(b) Liquidated Damages:
In the event of abandonment, liquidated damages equivalent to the amount paid to VoomMax will be assessed. These damages are intended to cover the time, effort, and non-recoverable expenses incurred by VoomMax in fulfilling the order up until the point of abandonment.
Indemnification:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS VOOMMAX CONSULTING LLC, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND INDEPENDENT CONTRACTORS FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES) INCURRED, WHETHER OR NOT ARISING FROM A THIRD-PARTY CLAIM, THAT ARISE FROM OR RELATE TO ANY CLAIM OF ANY NATURE (WHETHER SOUNDING IN CONTRACT, NEGLIGENCE, OR OTHERWISE) INVOLVING YOUR BREACH OF THIS AGREEMENT, VIOLATION OF APPLICABLE LAW, WILLFUL MISCONDUCT, RECKLESSNESS, NEGLIGENCE, ERROR, OMISSION, ACTION, OR FAILURE TO ACT. YOU FURTHER AGREE TO PAY TO EACH OF THE FOREGOING THE AMOUNT OF ANY SUCH LOSS, LIABILITY, DAMAGE, OR EXPENSE INCURRED IN CONNECTION WITH THESE CLAIMS. THIS INDEMNIFICATION OBLIGATION EXPRESSLY INCLUDES CLAIMS SOUNDING IN CONTRACT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY. FURTHERMORE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT VOOMMAX’S SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND INDEPENDENT CONTRACTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THIS INDEMNIFICATION PROVISION AND ARE ENTITLED TO ENFORCE IT AS SUCH.
20. WARRANTY AND DISCLAIMER
(a) VoomMax Warranty:
Subject to the terms of this Agreement, VoomMax represents and warrants that it will provide the services ordered by the client in accordance with the client’s specific instructions and based on the information provided by the client.
(b) Limitation of Warranty:
EXCEPT AS EXPRESSLY STATED ABOVE, ALL SERVICES AND FORMS PROVIDED BY VoomMax ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VoomMax DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
(c) No Guarantee of Service Performance:
Without limiting the generality of the foregoing, VoomMax makes no warranty that:
(A) The services or forms will be uninterrupted, timely, secure, or error-free.
(B) The forms provided will apply to your specific factual circumstances.
(C) Any term, condition, or provision in any form will be legally enforceable in any specific situation.
(D) Any document or form provided by a government agency or other authority will be accurate, reliable, or complete.
(E) Filings made on your behalf will be processed within any specific timeframe or in any particular manner.
(F) Any government agency or authority will approve filings made on your behalf.
(G) Services or products provided by third-party independent contractors referred to by VoomMax will meet any particular standard of quality, accuracy, or reliability.
(d) Limitation of Liability:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL INFORMATION, PRODUCTS, SERVICES, AND RELATED MATERIALS ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND. VoomMax AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL VoomMax OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE FAILURE TO PROVIDE SERVICES, INFORMATION, OR PRODUCTS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
21. UNFORESEEN EVENTS
22. LIMITATION OF LIABILITY
23. CLASS ACTIONS
24. ARBITRATION
(a) Arbitration Process:
Arbitration is a process of resolving disputes by a neutral arbitrator, which offers limited discovery and review compared to court proceedings. Arbitration decisions are typically subject to minimal court review.
(b) Binding Arbitration Agreement:
By entering into this Agreement, you agree that any dispute will be resolved through binding arbitration. You waive the right to bring or participate in any class action or have a claim decided by a jury.
(c) Initiating Arbitration:
To initiate arbitration, you must send written notice via certified mail to VoomMax at:
24285 Katy Freeway, Suite 300, PMB 300 – 129, Katy Texas 77494, United States.
The notice must describe the nature of your claim, the relief sought, and the monetary value of such relief.
(d) Arbitration Fees:
VoomMax will share the initial arbitration filing fees for any arbitration initiated by you. For any arbitration initiated by VoomMax, VoomMax will cover all fees. The arbitration will be conducted by a single arbitrator under the American Arbitration Association’s Consumer Arbitration Rules.
(e) Federal Arbitration Act:
The Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. The arbitrator will have exclusive jurisdiction to interpret these provisions.
25. BILLING AND CANCELLATION OF REGISTERED AGENT SERVICES
26. TERMINATION
VoomMax reserves the right to refuse or terminate services at any time, including for nonpayment or breach of this Agreement. In the event of termination, VoomMax will refund amounts paid, minus fees for services already performed and any applicable filing or processing fees.
(a) Effect of Termination:
Upon termination, you will be responsible for paying for services rendered up until the date of termination. If registered agent services are terminated, you will be responsible for removing VoomMax’s information from government records and paying any associated fees.
27. FORCE MAJEURE
28. INJUNCTIVE RELIEF
29. ASSIGNMENT OBLIGATIONS
30. DELAY / FAILURE TO ACT
31. SEVERABILITY
32. THIRD-PARTY BENEFICIARIES
Except as expressly stated, there are no third-party beneficiaries to this Agreement.