Terms of Use

Website Terms of Use Agreement between you & Virginia Lawyer Formed Businesses

Welcome to Virginia Lawyer Formed Businesses (“we”, “us”, “our”). Virginia Lawyer Formed Businesses is the trade name of Brennan & Clary, P.L.C., a Virginia law firm.  Your use of our website (the “Site” ) does not constitute the formation of an attorney-client relationship between you and us unless you enter into the retainer agreement for  purchasing services through the Site or a separate retainer agreement for services in addition to those provided by the Site.  The Site is comprised of various web pages operated by us and is offered to you, conditioned on your acceptance, without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

The Site is an e-commerce Site through which we provide business formation services and documents.

Privacy

Your use of the Site is subject to our Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs you of our data collection practices.  A link to our Privacy Policy may be found at the bottom of the every page of our Site.

Electronic communications

Visiting our Site or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

We do not knowingly collect, either online or offline, personal information from persons under the age of 18. If you are under 18, you may use the Site only under the supervision of a parent or guardian who shall be the actual user of the site.

Links to third party sites/third party services

Our Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under our control and we are not responsible for the content of the Linked Sites or any interaction you may have with those Linked Sites. We are also not responsible for any link contained in a Linked Sites, or any changes or updates to a Linked Sites. We may provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators.

Certain services made available via the Site are delivered by governmental agencies and third party vendors. By using any product, service or functionality originating from the Virginia Lawyer Formed Businesses domain, you hereby acknowledge and consent that we may share such information and data with such governmental agencies and third party vendors to provide the requested product, service or functionality on behalf of you as our client.

No unlawful or prohibited use/intellectual property

You are granted a non-exclusive, non-transferable, revocable license to access and use our Site strictly in accordance with these terms of use. Your use of the Site does not constitute the formation of an attorney-client relationship between you and us until such time as you agree to the Terms of Engagement located on the Site.  As a condition of your use of the Site, you warrant to us that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the services we offer, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is our property or our 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.

Our Site’s content and the documents we furnish to you are not for resale. You will not 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 Site or the documents we prepare for your use. Your use of the Site does not entitle you to make any unauthorized use of any protected content or documents, and, in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely in conjunction with the business entity we are forming on your behalf, and will make no other use of the content without the our express written permission. 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 our intellectual property or our licensors except as expressly authorized by these Terms.

International users

The Site is controlled, operated and administered by Virginia Lawyer Formed Businesses from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all Virginia and federal laws. You agree that you will not use the our content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Virginia Lawyer Formed Businesses, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. The foregoing rights to indemnification do not apply to claims of legal malpractice.

Liability disclaimer

WE DO NOT, IN ANY WAY, LIMIT OUR LIABLITY TO YOU FOR LEGAL MALPRACTICE.

NOTWITHSTANDING THE FOREGOING, THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE AND/OR OUR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

WE AND/OR OUR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCLUDING CLAIMS OF LEGAL MALPRACTICE, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE AND/OR OUR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, OTHER THAN FOR CLAIMS OF LEGAL MALPRACTICE, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

OTHER THAN FOR CLAIMS OF LEGAL MALPRACTICE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE AND/OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

We reserve the right, in our sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Virginia and you hereby consent to the exclusive jurisdiction and venue of state courts in Fairfax County, Virginia or, if jurisdiction is proper, the federal courts located in Alexandria, Virginia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or your use of the Site. Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be severed and the remainder of the agreement shall continue in full force and effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and us with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Site. 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.

Changes to Terms

We reserve the right, in our sole discretion, to change the Terms under which the Site is offered without notice to you. The most current version of the Terms will supersede all previous versions. We encourage you to periodically review the Terms to stay informed of our updates.

What We Don’t Provide

We do not provide tax advice of any kind. Often, business owners choose the type of entity they want based upon the tax treatment of the entity. You must realize that we could not provide our services for the amount we charge, if we also had to do a tax analysis of your situation. Furthermore, your situation could change in the future and the best person to keep your business in a tax-advantaged position is your tax advisor. You must consult your tax advisor for any such information.

As a part of our service, we do provide legal advice regarding the entity documents we draft and file on your company’s behalf. We also will make minor changes to those documents at your request. However, we do not provide any other legal advice as a part of your service. We are experienced business attorneys and you can engage us to provide additional legal advice on any business matter, but you must do so by a separate engagement agreement. Our hourly rate for most such additional services is $275.00.

Contact Us

We welcome your questions or comments regarding the Terms:

Virginia Lawyer Formed Businesses
10114 Farrcroft Drive
Fairfax, Virginia 22030
Email Address: info@valawyerformedbusinesses.com
Telephone number: (703) 716-0342

Effective as of January 01, 2015