TERMS AND CONDITIONS | Krautter's Registered Agent, LLC

Terms and Conditions Agreement

Updated: October 2022

Below are the Terms and Conditions of Krautter’s Registered Agent, LLC. By using our Services and website, you agree to be bound by these Terms as well as our Privacy Policy.

If you are interested in learning more about our duties as a Montana registered agent as defined by Montana’s statutes, simply review 35-7-114 of the Montana Code Annotated.

Overview of Our Terms of Service

These terms of service (“Terms”) cover your use and access to the services, products, software and websites (“Services”) provided by Krautter’s Registered Agent, LLC.

If you do not agree with these Terms, or the terms contained in our Privacy Policy, then you should not use our Services or this website.

These Terms and the terms of our Privacy Policy constitute the entire agreement between you and us with respect to our Services and websites. These Terms supersede and replace any other prior or contemporaneous agreements, or terms and conditions that may be applicable. These Terms create no third party beneficiary rights.

We may revise these Terms from time to time, and will always post the most current version on our website. By continuing to use or access the Service after the revisions come into effect, you agree to be bound by the revised Terms.

Our failure to enforce a provision of these Terms is not a waiver of our right to do so at a later date.
If a provision of these Terms is found to be unenforceable, the remaining provisions of the Terms will remain in full force and effect. You may assign your rights and obligations under these Terms provided we receive prior written notice of, and approve of, such assignment. We will not unreasonably withhold our approval. We may assign our rights or obligations to any successor in interest of any business associated with the Services.

Acceptable Ways to Use Our Website and Services

In using krautters.com and our Services, you may not, nor may you permit any third party, directly or indirectly, to:

access or monitor any material or information on any of our systems, using any manual process or robot, spider, crawler, scraper, or other automated means;

except to the extent that any restriction is expressly prohibited by law, violate the restrictions in any robot exclusion headers on any Service, work around, bypass or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services;

perform or attempt to perform any actions that would interfere with the proper working of the Services, or prevent access to or use of the Services by our other customers;

copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material, information or Services from us;

transfer any rights granted to you under these Terms;

use the Services except as expressly allowed under these Terms.

If we reasonably suspect that your account has been used for an unauthorized, illegal or criminal purpose, you hereby give us express authorization to share information about you and your account with law enforcement.

Our Filing and Registered Agent Services

Authorization to Receive Service of Process & Other Legal Documents

As part of our duties as your registered agent, we need to accept a variety of legal documents on your behalf and upload them onto our server so that we may have a copy of the Legal Document received and be able to send a copy of the Legal Document to you by electronic mail at the address provided. You authorize us to receive service of process, important communications, and legal documents of any kind (“Legal Documents”) on your behalf per year. We reserve the right, and you agree, that a fee of $15.00 may be applied to your account for each Legal Document received above the current limit, plus postage to forward to you. You also acknowledge and agree that this fee may be subject to change as a result of our sole discretion and determination. You also agree that we can open, scan, upload and transmit the Legal Documents by electronic mail (e-mail) in connection with providing Services to you. Registered agent services are limited to the receipt of service of process as well as the receipt and forwarding of Legal Documents, and do not include the receipt of any general or regular mail or other items. Accordingly, we do not assume liability to you, or any third party, for loss of mail or other items which are not Legal Documents.

Regular Documents

Not all documents are created equally. The documents that we receive at our addresses on your company’s behalf which are not communications from the Secretary of State related to your company’s registration nor documents related to legal service of process are considered by us to be “Regular Documents.” Depending on which services you have purchased from us, there may be a limit on how many Regular Documents will be accepted by our office on your company’s behalf without incurring additional fees. Additionally, you may be charged for any physical document forwarding requests that exceed your purchased limits. You agree to pay the fees that we post to your account related to any Regular Documents which we receive on your company’s behalf in excess of your purchased service limit. This includes any fees posted in relation to requests to forward physical documents. While we strive to process your Regular Documents as quickly as possible, you agree that we are not liable for any missed deadlines, time limits or other time sensitive Regular Documents we may receive, regardless if such Regular Documents are within your purchased service limit or not.

Working with Third-Party Service Providers/Independent Contractors

We may work with third-party providers and independent contractors to provide some of the registered agent services. You acknowledge and agree that these service providers/independent contractors may assist us in providing you with registered agent services.

Provision of Accurate and Current Information

You agree that you are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of your information. You agree that the accuracy of filings which we make on your behalf depends on the information you provide and you agree to promptly notify us when any of your information changes.

Electronic Records and Signatures

We may need to file documents on your behalf so you consent to us affixing your electronic or hard copy signature in order to file documents on your behalf. Furthermore, you authorize to act as your Attorney-in-Fact for the purposes of filing any needed documents or reports with the Montana Secretary of State.

Receipt of Packages

Although we will accept and receive packages on your behalf, we are not acting as a bailee or warehouse and owe no duty of care in the holding and/or shipping of packages. If we receive a package on your behalf, you will be informed that we have it in our possession. If you would like the package delivered to the address associated with your account, you will be responsible for all shipping associated with the shipment of the package. You will also be responsible for the insuring of the package. We will only hold packages for 14 days from the date of receipt and then return the package to its location of origin thereafter. Packages that cannot be returned to their location of origin will be properly disposed of. A $25.00 processing fee, in addition to any shipping and handling costs that may be incurred to forward a package will be assessed for all packages received and forwarded, which will compensate staff for their time in forwarding the package.

Termination of Services (Registered Agent and/or Other Services)

When any Service with us is canceled or terminated, you acknowledge and agree that:

anyone who has access to your account has the proper authority to cancel Services; and
the termination is binding on the company(s); and
upon termination, you waive any and all rights or claims of statutory damages or tort claims; and
you will NOT file a “change of address” request with the United States Postal Service (“USPS”). This is a specific address request form the USPS provides that will ultimately not work because our address is not yours, it is ours. Your use of that form will likely create a substantial headache for both of us. Again, the address we provide to our clients in connection with our Services is OUR address.

Termination of Registered Agent Services

Termination by Us

We may terminate your registered agent Service at any time. Reasons for termination may include, but are not limited to: i) your failure to provide accurate, complete and current information for your account; ii) the inability to locate you after reasonable efforts are made; iii) your failure to pay for your Service or an invoice; or iv) suspected illegal activity.

Termination by You

You may terminate your Service by notifying us in writing of your wish to terminate Service. If we receive any documents on your behalf after you have canceled your account, you can either sign up for new registered agent services, pay for all Services provided by us prior to your cancellation, or pay a $15.00 per document fee to have the document forwarded to you, in addition to postage costs.

Handling of Legal Documents After We are No Longer Your Registered Agent

Once we are no longer your registered agent, if we are contacted by a process server with Legal Documents, we will inform them that we are no longer your registered agent and provide your last known contact information and refuse to accept service. Should we receive Legal Documents on your behalf by electronic mail or U.S. mail, we will send an email notice to the last known email address that we have on file for you. If you want to view a Legal Document, you will need to renew your service with us, pay any fees incurred prior to cancellation or pay a per document fee in order to view the Legal Document. Once you take one of these actions, we will forward the Legal Document by electronic mail and U.S. mail so that you can view it. If you do not take one of these actions, we will notify an electronic mail sender that we cannot accept the electronic mail as we are no longer your registered agent and we will reply with your last known contact information. If you do not take one of these actions, we will return mail to sender and advise that we no longer your registered agent and reply with your last known contact information.

You Waive and Release any Claims and Agree to Hold Us Harmless and Indemnify Us

You waive and release us from any obligation to forward or re-mail documents that are received after your registered agent Service has been terminated and you specifically agree that we have no obligation to forward or re-mail any documents to you except as outlined in these Terms. You further agree to hold us and our affiliates harmless from any third party claim arising out of a delay or failure of you to receive Legal Documents after your registered agent Service has been terminated.
No Refunds for Registered Agent Services

We do not offer full or prorated refunds for canceled registered agent Service. This Service is purchased and renewed on an annual basis and must be terminated prior to the annual renewal date to avoid recurring annual charges.
How to Terminate or Cancel a Service

To end a service with us and no longer receive invoices, you are required to request cancellation of a service with us directly in writing. An email will constitute a writing for these purposes.

Cancellation can be requested at any time. There are no fees to cancel, but upon cancellation of services, you may be required to pay any past-due balances related to such services, unless otherwise specified in this agreement. You agree and understand that any unpaid invoices or charges not paid by you may be turned over to a collection agency if not paid in a timely manner and the decision to turn an account over to a collections agency is at the sole discretion of Krautter’s Registered Agent, LLC.

Our Auto-Pay Feature

Some of our Services are billed via an automatic payment feature. Some of our Services and associated fees and costs will be invoiced for payment. All accounts using auto-payment must provide us with valid and current credit card information and you agree that we are authorized to charge such credit card for all purchased Services as well as fees incurred in providing you with Services.

Specifics Regarding Auto-Pay Features:

all auto-payments will be charged to the credit or debit card on file for the business entity or individual.
all auto-payment services must be canceled at least one (1) day before the next charge date to avoid paying for the next month of Services, or year of annual Service. All cancellations must be handled through your online account.
annual auto-pay charges that fail to process will be rendered an unpaid invoice in your online account and subject to the fees and procedures outlined in these Terms.
monthly subscription or auto-pay charges that fail to process will result in the cancellation of all applicable Services and features.

Declined Payments/Collections

We provide a service and expect to be paid for those services. As such we will try to collect the money owed to us. This section addresses how we handle declined payments and collections, and also outlines what you’re agreeing to as our client.

If you’re enrolled in an autopay service, we’ll charge whatever payment methods are stored in your online account. If all methods fail or there is not a valid method saved, we may suspend your account and require payment in order to reinstate services or in order to cancel your services. While we personally find the idea of collections revolting, we reserve our right to use legal action and collection agencies if deemed necessary.

If we don’t receive payment (“Non-Payment”), you agree to pay all amounts due upon demand to resume or cancel your Service(s). You also authorize the Company to charge any and all outstanding fees and penalties that become due as a result from such Non-Payment. Additionally, following any such Non-Payment, you will not be eligible for monthly-billing or partial payments until your account is brought current. Non-Payment may also result in delayed services which include but are not limited to: lack of forwarding of documents, non-filing of compliance documents and the processing of additional orders.

You agree that you are liable for all third-party collection agency recovery fees and charges. You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds, and over the credit limit fees. By failing to notify the Company of billing problems or discrepancies you agree that you waive your right to dispute such billing discrepancies. We may modify the price, content, or nature of the Service(s) at any time. We may provide notice of any such changes by email or by publishing them on our website.

Invoices unpaid will incure interest at the rate of 1.5 percent monthly, after the initial grace period of 30 days from the date of the initial invoice. Invoices are requested to be paid within 21 days of email delivery to a customer.

Refunds

Unless otherwise stated herein, all purchases are final and non-refundable after 90 days. No refunds will be given for any charges or credits more than 90 days old, unless otherwise agreed to in writing between you and us and/or is specific to the type of service we are providing or is required by law. We reserve the right to issue refunds or credits at our sole discretion unless otherwise required by law. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply.

We Are Not a Law Firm or an Accounting Firm and No Legal Services or Legal Advice will be Provided.

We provide information and act as a fulfillment service provider. We are not a law firm and do not provide legal advice. Use of our services as a fulfillment service provider shall NOT create any fiduciary duty or obligations, either implied or express, by any agent, affiliate or employee of the company.

Limitation on Time to Initiate a Dispute.

You agree that any action or proceeding by you relating to any dispute must commence within one year after the alleged cause of action accrues.

Indemnification

You agree to protect, defend, indemnify and hold us harmless from and against any and all claims, causes of action, liabilities, judgments, penalties, losses, costs, damages and expenses (including attorneys’ fees and all related costs and expenses for litigation) suffered or incurred by us, including, without limitation, any claim arising from:

any actual or alleged breach of your obligations under these Terms or the terms contained in our Privacy Policy;

your wrongful or improper use of the Services;

your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights;

your violation of any law, rule or regulation of the United States or any other country;

any other party’s access and/or use of the Services with your unique name, password or other security code;

any copyright infringement claims that may arise from us scanning Legal Documents or other mail on your behalf;

the failure of any third party, including but not limited to the United States Postal Service or any commercial delivery or courier service, to provide delivery or courier services accurately and on time;

any loss, damage or destruction of your Legal Documents by any cause whatsoever;

our being named as a defendant in an action based on our status as your registered agent;

any claims or action brought against us relating to your failure to maintain updated information on any of our websites.

Dispute Resolution Processes and Governing Law

If you find yourself having any questions, concerns, or issues with our service or these terms, please call us directly at (406) 200-9855. You can also email us at contact@krautters.com

In the unlikely event that we are unable to resolve your complaint to your satisfaction, we each agree to try to resolve those disputes through mediation with an independent third-party in Billings, Montana, mutually agreed to by both parties, prior to any further legal action being commenced. Montana law shall govern all disputes and venue shall be exclusively in Yellowstone County, Montana.

Intellectual Property Rights & Ownership

We own all right, title and interest, in and to all Intellectual Property Rights (as defined below) in the Services and websites, and these Terms do not grant you any rights to our Intellectual Property Rights. For purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress, service mark rights, goodwill, trade secret rights, and any other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals and extensions, under the laws of any state, country, territory or other jurisdiction.

You may submit comments or ideas about the Services (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place us under any fiduciary, confidentiality or other obligation, and that we are free to use the Idea without any compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.

“Force Majeure”

We shall not be considered to be in breach or default of these Terms, and shall not be liable for any cessation, interruption, or delay in the performance of our Services or other obligations by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or of the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or other similar even that is beyond our reasonable control, whether foreseen or unforeseen (each a “Force Majeure Event”). If a Force Majeure Event continues for more than sixty days in the aggregate, we may immediately terminate our Services and shall have no liability for, or as a result of, any such termination.

Disclaimer of Warranties & Limitation of Liability

DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT ALLOWED BY LAW, YOUR USE OF THIS SITE AND OUR SERVICES ARE PROVIDED “AS-IS” WITH NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WE DO NOT WARRANT OR GUARANTEE THAT THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES REGARDLESS OF THE LEGAL THEORY, OR WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO YOUR USE OF THIS WEBSITE AND OUR SERVICES SHALL IN NO EVENT EXCEED THE AMOUNT YOU PAID TO US FOR SERVICES DURING THE TWELVE MONTH PERIOD PRECEDING THE DATE OF YOUR CLAIM.

How to Contact Us

If you have any questions about these terms of service, or anything else, you can contact us by phone at (406) 200-9855 or by email at contact@krautters.com.