Last Updated: December 18th, 2024
These Terms of Service (“Terms”) apply to your access to and use of (i) the website located at BOIR-REGISTRATION.ORG (or any successor links) and all associated web pages, websites, and social media pages (the “Site”) provided by BOIR-REGISTRATION.ORG, a sole proprietorship (“BOIR-REGISTRATION.ORG”, “we”, “our” or “us”), (ii) mobile applications that may be downloaded to your smartphone or tablet (each an “App”), (iii) online services (including the Site and the App, together the “Services”).
Please note that the services BOIR-REGISTRATION.ORG offers are a tool designed to assist business owners in filing Beneficial Ownership Information reports (“BOIR”) with the Financial Crimes Enforcement Network (“FinCEN”). BOIR-REGISTRATION.ORG is not affiliated with the U.S. government of FinCEN.
BY AGREEING TO THESE TERMS, EXCEPT FOR (I) CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 16, (II) WHERE YOU EXERCISE YOUR RIGHT TO OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 16, OR (III) TO THE EXTENT PROHIBITED BY LAW, DISPUTES BETWEEN YOU AND BOIR-REGISTRATION.ORG WILL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL. If you do not agree to these Terms, do not use our Services.
We may indicate that different or additional terms, conditions, guidelines, policies, or rules apply in relation to some of our Services (“Supplemental Terms”). Any Supplemental Terms become part of your agreement with us if you use the applicable Services, and if there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control for that conflict.
We may make changes to these Terms. The “Last Updated” date above indicates when these Terms were last changed. If we make future changes, we may provide you with notice of such changes, such as by sending an email, providing a notice through our Services, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must immediately stop using our Services.
a) Services. The Services are a tool to simplify the filing of your BOIR with FinCEN. The Services provide a portal for you to input information related to your BOIR filing, submit a BOIR filing, and includes assistance with the filing. By agreeing to use our Services, you agree to pay the fees charged by BOIR-REGISTRATION.ORG for the filing. BOIR-REGISTRATION.ORG does not guarantee that your submission will be successful or that the information you report to FinCEN is accurate, error free, or that the information you submit in your filing is compliant with or required by applicable law.
BOIR does not validate or check the accuracy of the information you provide.
b) Authorization. If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms (other than in this Section 2(b)) will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or that person or entity violates these Terms, that person or entity also agrees to be responsible to us.
c) Jurisdiction. You may only use our Services in jurisdictions authorized by BOIR-REGISTRATION.ORG. Use of our Services is currently authorized only in the United States.
d) Use and Sharing. Our Services are provided to you only for your internal business use and not for the benefit or use of any third party. BOIR-REGISTRATION.ORG may enable you to designate authorized individuals (“Authorized Users”) to use our Services, and only Authorized Users may use our Services. You will be solely responsible for your Authorized Users and their activity in connection with the Services. You represent and warrant that any user that submits information to BOIR on your behalf has the requisite authority to do so.
You may provide certain information to BOIR-REGISTRATION.ORG in connection with your access or use of our Services, or we may otherwise collect certain information about you when you access or use our Services. You agree to receive emails, SMS or text messages, and other types of communication from BOIR-REGISTRATION.ORG via the Services using the email address or other contact information you provide in connection with the Services. You represent and warrant that any information that you provide to BOIR-REGISTRATION.ORG in connection with the Services is accurate.
For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.
Authorized Users must create accounts in order to use some or all of our Services. You will ensure that your Authorized Users (a) do not share their account credentials and (b) provide accurate account information and promptly update this information if it changes. You will maintain the security of any accounts created by your Authorized Users. If you discover or suspect that someone has accessed the account of one of your Authorized Users without permission, you will promptly notify BOIR-REGISTRATION.ORG. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal title, including trademark rights, in those usernames.
a) Our Services may allow you and other users to create, store, submit, and share content, (collectively, “User Content”).
b) Except for the license you grant below, as between you and BOIR-REGISTRATION.ORG, you retain all rights in and to your User Content, excluding any portion of the Services included in your User Content. You grant BOIR-REGISTRATION.ORG a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable (through multiple tiers) license to use, reproduce, modify, adapt, create derivative works from, distribute, perform and display your User Content and any name, username or likeness provided in connection with your User Content to file your BOIR with FinCEN.
c) You may not create or share any User Content for which you do not have all the rights necessary to grant us the license described above, and you represent and warrant that your User Content, and our use of such User Content as permitted by these Terms, will not violate any rights of any person or entity, including any third-party rights, or cause injury to any person or entity. You may not create, submit, or share any User Content that:
d) Enforcement of this Section 4 is solely at BOIR-REGISTRATION.ORG’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. This Section 4 does not create any right or private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by these Terms.
e) We do not undertake to review all User Content, and we expressly disclaim any duty or obligation to undertake any monitoring or review of any User Content. Although we have no obligation to screen, edit, or monitor User Content, we may:
f) You will not use our Services if you are not eligible to use our Services in accordance with Section 1 and will not use our Services other than for their intended purpose. Further, you will not, in connection with our Services:
g) Enforcement of this Section 5 is solely at BOIR-REGISTRATION.ORG’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.
We accept payments via our Site by the payment methods made available on the Site. By providing payment information, you represent that you are authorized to use the payment method and authorize us to charge you. All payments for submissions are non-refundable once the submission process has been initiated, regardless of the outcome of the submission.
The Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, and all intellectual property rights therein and thereto, are owned by BOIR-REGISTRATION.ORG or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services, including all intellectual property rights therein and thereto, are reserved by us or our licensors. Subject to your compliance with these Terms (including Sections 4 and 5), you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services to prepare and submit your BOIR to FinCEN. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights.
BOIR-REGISTRATION.ORG and our logos, product or service names, slogans, and the look and feel of the Services are trademarks of BOIR-REGISTRATION.ORG and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on or in connection with the Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about BOIR-REGISTRATION.ORG or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback or Services, or to improve or develop new products, services, or the Services in BOIR-REGISTRATION.ORG’s sole discretion. BOIR-REGISTRATION.ORG will exclusively own all improvements to, or new, BOIR-REGISTRATION.ORG products, services, or Services based on any Feedback. You understand that BOIR-REGISTRATION.ORG may treat Feedback as nonconfidential.
We may make available an affiliate program (“Affiliate Program”) that enables a company (“Partner”) to make the Services available to third parties, including Partner’s customers or users. We may determine in our sole discretion whether you may be or continue to be a Partner in the Affiliate Program. If you are legal professional or financial advisor and advise your own clients BOIR requirements, you may be eligible to join our affiliate program that allows you to provide our Services directly to your clients or users. By agreeing to participate in the Affiliate Program, you agree to be bound by these Terms and any additional terms that we may require you to agree to in order to participate in the Affiliate Program. If you become a Partner, BOIR-REGISTRATION.ORG will appoint Partner as a non-exclusive reseller or distributor of the Services for as long BOIR-REGISTRATION.ORG permits Partner to continue as a Partner. BOIR-REGISTRATION.ORG may use the name(s)
and/or logo(s) of Partners for publicity and marketing purposes. Partner will pay any fees applicable to the use of the Services and as required to be a part of the Affiliate Program.
a) Our Services rely on or interoperate with third-party products and services, including, without limitation, data storage services, communications technologies, IoT platforms, third-party app stores, and internet and mobile operators (collectively, “Third-Party Materials”). These Third-Party Materials are beyond our control, but their operation may impact, or be impacted by, the use and reliability of our Services. You acknowledge that (a) the use and availability of the Services is dependent on third-party product vendors and service providers and (b) these Third-Party Materials may not operate reliably 100% of the time, which may impact the way that our Services operate.
b) We may further provide information about or links to third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party.
c) We have no obligation to monitor Third-Party Materials or Third-Party Content, and we may block or disable access to any Third-Party Materials or Third-Party Content (in whole or part) through our Services at any time. Your access to and use of such Third-Party Content or Third-Party Materials may be subject to additional terms, conditions, and policies applicable to such Third-Party Content (including terms of service or privacy policies of the providers of such Third-Party Materials). You are responsible for obtaining and maintaining any computer hardware, equipment, network services and connectivity, telecommunications services, and other products and services necessary to access and use the Services.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless BOIR-REGISTRATION.ORG and our officers, directors, agents, partners, and employees (individually and collectively, the “BOIR-REGISTRATION.ORG Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Indemnification Claims”) arising out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You will promptly notify BOIR-REGISTRATION.ORG Parties of any third-party Claims, cooperate with BOIR-REGISTRATION.ORG Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including attorneys’ fees). The BOIR-REGISTRATION.ORG Parties will have
control of the defense or settlement, at BOIR-REGISTRATION.ORG ‘s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and BOIR-REGISTRATION.ORG or the other BOIR-REGISTRATION.ORG Parties.
Your use of our Services and any content or materials provided therein or therewith (including the Third-Party Content and Third-Party Materials) is at your sole risk. BOIR-REGISTRATION.ORG IS NOT RESPONSIBLE FOR THE COMPLETENESS OR ACCURACY OF THE INFORMATION YOU PROVIDE ON YOUR BOIR.
Except as otherwise provided in a writing by us and to the fullest extent permitted under applicable law, our Services, and any content or materials provided therein or therewith (including the Third-Party Content and Third-Party Materials) are provided “as is” and “as available” without warranties of any kind, either express or implied. BOIR-REGISTRATION.ORG disclaims all warranties with respect to the foregoing, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, BOIR-REGISTRATION.ORG does not represent or warrant that our Services or any content provided therein or therewith (including the Third-Party Content and Third-Party Materials) are accurate, complete, reliable, current, or error-free or that access to our Services or any content provided therein or therewith (including the Third-Party Content and Third-Party Materials) will be uninterrupted. While BOIR-REGISTRATION.ORG attempts to make your use of our Services and any
content provided therein or therewith (including the Third-Party Content and Third-Party Materials) safe, we cannot and do not represent or warrant that our Services or any content provided therein or therewith (including the Third-Party Content and Third-Party Materials) or our servers are free of viruses or other harmful components or content or materials. You assume the entire risk as to the quality and performance of the Services and any content provided therein or therewith (including the Third-Party Content and Third-Party Materials). All disclaimers of any kind (including in this section and elsewhere in these Terms) are made for the benefit of BOIR-REGISTRATION.ORG, BOIR-REGISTRATION.ORG Parties, and BOIR-REGISTRATION.ORG’s respective shareholders, agents, representatives, licensors, suppliers, and service providers, as well as their respective successors and assigns.
a) To the fullest extent permitted by applicable law, BOIR-REGISTRATION.ORG and the other BOIR-REGISTRATION.ORG Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if BOIR-REGISTRATION.ORG or the other BOIR-REGISTRATION.ORG Parties have been advised of the possibility of such damages.
b) The total liability of BOIR-REGISTRATION.ORG and the other BOIR-REGISTRATION.ORG Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount paid or payable by you to use our Services.
c) The limitations set forth in this Section 14 will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of BOIR-REGISTRATION.ORG or the other BOIR-REGISTRATION.ORG Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release BOIR-REGISTRATION.ORG and the other BOIR-REGISTRATION.ORG Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND BOIR-REGISTRATION.ORG TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND BOIR-REGISTRATION.ORG FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND BOIR-REGISTRATION.ORG AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. BOIR-REGISTRATION.ORG AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.
FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT.
a) Informal Dispute Resolution Prior to Arbitration. For any dispute or claim that you have against BOIR-REGISTRATION.ORG, that BOIR-REGISTRATION.ORG has against you, or that you have or BOIR-REGISTRATION.ORG has arising from or relating to these Terms, our Services, or any aspect of the relationship between you and as relates to these Terms, or our Services, including any privacy or data security claims, (collectively, “Claims”, and each a “Claim”), you and BOIR-REGISTRATION.ORG agree to attempt to first resolve the Claim informally via the following process:
b) Claims Subject to Binding Arbitration; Exceptions. Except for individual disputes that qualify for small claims court, all Claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that are not resolved in accordance with Section 16(a) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.
c) Federal Arbitration Act. These Terms affect interstate commerce, and the enforceability of this Section 16 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the extent permitted by law. As limited by the FAA, these Terms, and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability.
d) Arbitration Procedure. All Claims must be submitted to the American Arbitration Association (the “AAA”) and will be resolved through binding arbitration before one arbitrator. The AAA administers arbitration pursuant to the due process standards set forth by the AAA and rules set forth by the AAA. Such rules differ if you are a consumer or a business as further described below:
e) One Year to Assert Claims. To the extent permitted by law, any Claim by you or BOIR-REGISTRATION.ORG relating in any way to these Terms, our Services, or any aspect of the relationship between you and BOIR-REGISTRATION.ORG as relates to these Terms or our Services, must be filed within one year after such Claim arises; otherwise, the Claim is permanently barred, which means that you and BOIR-REGISTRATION.ORG will not have the right to assert the Claim.
f) Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted these Terms by providing us with notice of your decision to opt-out via email at support@boir-registration.org. In order to be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 17.
g) Rejection of Future Arbitration Changes. You may reject any change we make to Section 16 (except address changes) by personally signing and sending us notice within 30 days of the change via email at support@boir-registration.org. If you do, the most recent version of Section 16 before the change you rejected will apply.
h) Severability. If any portion of this Section 16 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 16 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 16; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 16 is found to prohibit an individual claim seeking public injunctive relief, that provision will
have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 16 will be enforceable.
Any Claims will be governed by and construed and enforced in accordance with the laws of the State of New Jersey, except to the extent preempted by U.S. Federal Law, without regard to conflict of law rules or principles (whether of the State of New Jersey or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. If any Claim is not subject to arbitration pursuant to Section 16, then the state and federal courts located in New York, will have exclusive jurisdiction. You and BOIR-REGISTRATION.ORG waive any objection to venue in any such courts.
We reserve the right to modify our Services or to suspend or terminate providing all or part of our Services at any time; charge, modify, or waive any fees required to use the Services; or offer opportunities to some or all end users of the Services. We may provide you with notice in advance of the suspension or discontinuation of all or part of our Services, such as by sending an email or providing a notice through our Services. All modifications and additions to the Services will be governed by the Terms or Supplemental Terms, unless otherwise expressly stated by BOIR-REGISTRATION.ORG in writing. You also have the right to stop using our Services at any time, and you may terminate these Terms by ceasing use of our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any portion of these Terms other than Section 16 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms; and (c) the unenforceable or unlawful provision may be revised to the extent required to render the Terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve the Terms and the intent of the Terms to the fullest possible extent.
You are responsible for compliance with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.
a) BOIR-REGISTRATION.ORG’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. Communications and transactions between us may be conducted electronically.
b) If you have a question or complaint regarding the Services, please send an email to support@boir-registration.org Please note that email communications will not necessarily be secure; accordingly, you should not include payment card information or other sensitive information in your email correspondence with us.