​Last Modified: July 12, 2024

These are the online Terms of Service (the “Terms”) that apply to your use of CTASafe, Inc.’s (“CTASAFE”, “we”, “us” or “our”) website, www.ctasafe.com (the “Site”), after you have created an account on the Site and as it relates to any sales of services or products on the Site. As a user of the Site, you should ensure that you read and understand these Terms before signing up for any services or purchasing any products via the Site. You agree to be bound by these Terms by clicking the “I agree” button when it is presented to you. It is our intention that these Terms be read in conjunction with the Site’s Privacy Policy and Terms of Use, which are incorporated here by reference, and that all the terms of the contract between you and CTASAFE are contained in these three documents. 

These Terms apply to you (the individual), any entities for which you hire us to provide service(s), and any third-parties which you may authorize to act on your behalf. To be clear, you are personally responsible for the obligations, duties, and expectations included in these Terms. Additionally, it is your responsibility to notify any third-parties which you may authorize to act on your behalf of the obligations, duties, and expectations expressed in these Terms. Your acceptance of these Terms creates a legally binding agreement between you and CTASAFE. 

1. PRODUCTS AND SERVICES

On the Site, CTASAFE provides users with a platform on which they can track, monitor, and file required beneficial ownership information reports (“BOI Reports”) under the Corporate Transparency Act (the “CTA”) to the Financial Crimes Enforcement Network (“FinCEN”) which went into effect on January 1, 2024. The CTA was enacted as part of the Anti-Money Laundering Act in the 2021 National Defense Authorization Act. The CTA is intended to combat money laundering, terrorism financing, organized crime, and other financial crimes by requiring many corporations, limited liability companies (LLCs), and other entities formed or registered in the U.S. to timely report information about their beneficial owners and company applicants to FinCEN. CTASAFE also offers consulting services relating to these laws and requirements. 

2. REGISTRATION; USE OF PRODUCTS

In order to purchase products or services, you must complete the registration process and create an account. By registering on the Site, you further certify that you are 18 years or older and that all of the information provided incident to your registration is true, accurate, complete and up to date.  You further agree to abide by the Terms of Use contained on the Site. You must also establish a username and password and you agree to keep such information strictly confidential, to not share such information with others and to abide by the other terms contained in our Privacy Policy contained on the Site. 

You are responsible for the accuracy of information that you provide through the Site. CTASAFE does not independently verify the accuracy of any information that you provide. Additionally, you are required to and hereby represent that you: have complied with and are in compliance with all applicable laws, including data privacy laws, and any restrictive agreements such as confidentiality agreements, in sharing any personal information through the Site. By submitting a BOI Report, you represent that you have the proper authorization to submit the BOI Report with the included details. You agree that CTASAFE may submit the BOI Report to FinCEN on your behalf which will include collecting necessary data from you, inputting into the Site’s platform, and performing all other steps required to file the BOI Report as may be required by FinCEN. 

3. SUBSCRIPTIONS; PAYMENT AUTHORIZATION

CTASAFE offers four different plan options for its users which includes combinations of platform access, filing frequency, and consultation services. Under each plan, excluding the one-time filing option, the platform access shall be an automatically renewing service on an annual basis which shall occur without further action by you (the initial term and the renewal term(s) are referenced herein collectively as the “Term”), and the applicable subscription fee will automatically be charged to you at the time of renewal. We reserve the right to increase or decrease the fee associated with your subscription from time to time with or without notice and you agree that unless you cancel your subscription prior to the effective date of any such fee increase, you will be charged the new subscription fee and shall pay it in full. Please see the Pricing page on the Site for further information on what is specifically included in the packages and the fees associated therewith. All prices listed are exclusive of any applicable taxes and fees which shall be reflected on the checkout page.   

***Any consulting services that are purchased are good for a period of twelve (12) months and must be used within that period or else they are forfeited. 

4. ORDERING 

You may order services or products through an online form provided by CTASAFE which shall be governed by these Terms. In the event of any conflict between an order form contained on the Site and these Terms, the order form shall prevail.  

5. PAYMENT

All payments must be made in US Dollars. Payments for products and services ordered are processed using the services of a third-party service provider. Our Site does not collect or maintain any payment information. 

CTASAFE is not obligated to provide any new services until all balances are paid in full by the user and may automatically charge the credit card of user for any amounts due and owing and/or discontinue services for anyone who has not paid in full for the services.

6. CANCELLATION/REFUND POLICY

All sales of products and services are final, and you will not be entitled to a refund for any product or service once it has been ordered unless agreed to in writing by CTASAFE. 

We may also modify or discontinue the availability of any products or services on the Site or cancel, suspend or terminate your subscription for any reason with or without notice. If we do cancel your subscription without cause, we will give you a pro-rated refund for any products or services purchased but not yet provided.

So long as the subscription remains active, you are entitled to all of the features, benefits, and privileges associated with such subscription until the subscription is cancelled by you or otherwise terminates or expires. Upon cancellation, you will immediately lose access to all of your data, analyses or similar information housed within the Site and all other product benefits. All of our subscription-based products renew automatically, but no product is offered pursuant to terms which prevent you from cancelling the product prior to the expiration of the then-current term. Accordingly, you may cancel your subscription at any time by going to your profile in the Site and following the prompts for cancellation. 

7. ELECTRONIC COMMUNICATIONS

Unless otherwise noted, our products are internet-based and, as such, you understand and agree that these Terms will be entered into electronically and that the following information will be provided by us to you by electronic means: these Terms and any amendments, modifications or supplements to it; any initial, periodic or other disclosures or notices provided in connection with the products, including without limitation our Privacy Policy and Terms of Use, all regulatory disclosures, and all communications related to the products. You may request a paper copy of any legally required notice, withdraw your consent to receive communications electronically or change your email or postal address for receipt of the foregoing by contacting us here. In order to ensure your continuing access to the Site, you agree to update your email address whenever it changes. You further agree that we may send you emails which include information pertaining to the products, such as featured products or new product offerings and surveys. Please note that mobile messaging and data rates may apply and you should consult with your carrier prior to enabling any mobile feature associated with your product. 

NO GUARANTEE OF PRODUCT AVAILABILITY

Because of the nature of Internet and online communications, the Site or the products may not perform as intended despite our efforts, those of your Internet service provider, and you. We do not guarantee uninterrupted or error free operation of your product or the Site. In addition, your use of a product that is excessive or in a manner not contemplated by these Terms may also result in a product not performing as intended despite our efforts. We will use reasonable efforts to maintain operation of the Site and availability of the products at all times. If there is a system error or other problem concerning your product, you agree to promptly notify us of the same, and we will try to correct the error but you will not be entitled to any money for any system error of any type except for monies you paid for products that we do not provide to you. 

Certain services, products or product features may not be offered, applicable or available to you based on residency, age, or other eligibility criteria or factors. In such cases, you may be advised of one or more alternative products or services, to the extent that other products or services are available. In the event that you are advised of the availability of alternative products or services, you should carefully evaluate any such product or service to determine its suitability. In addition, to the foregoing, we reserve the right to reject any product or service order for whatever reason.

9. WARRANTY

We cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. 

CTASAFE does not make any representations or warranties about BOI Reports, including without limitation that a BOI Report is complete, accurate, acceptable, filed on a timely basis, or compliant with pertinent rules and laws. You release CTASAFE from all liability relating to any claims related to your BOI Reports.

CTASAFE does not, and cannot, assure that BOI Reports submitted through the Site will be accepted by FinCEN, or that BOI Reports successfully submitted through the Site means that the individual or entity for which the Report is submitted is in compliance with the CTA and corresponding reporting obligations.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NEITHER CTASAFE NOR ANY PERSON ASSOCIATED WITH CTASAFE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER CTASAFE NOR ANYONE ASSOCIATED WITH CTASAFE REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

LIMITATION OF LIABILITY

We shall be under no liability for any delay or failure to deliver products or services or otherwise perform any obligations as specified in these Terms if the same is wholly or partially caused, whether directly or indirectly, by circumstances beyond our reasonable control, including: an act of God, explosion, flood, fire or accident; strike or stoppages of work; war or civil disturbance; any form of governmental intervention; a third party act or omission; failure by you to provide accurate information on the Site regarding your orders. 

Nothing in these Terms is intended to exclude liability (if any) for personal injury or death resulting from our negligence, for fraud or for any matter which it would be illegal to exclude or attempt to exclude. 

WE HAVE NO REASON TO BELIEVE THAT ERRORS EXIST IN THE PRODUCTS OR SERVICES FURNISHED HEREUNDER. HOWEVER, IF THERE IS DATA CONTAINED IN THE PRODUCTS AND SERVICES WHICH IS PROVIDED TO US BY THIRD PARTIES, WE DO NOT CONTROL THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE PRODUCTS AND SERVICES. IF WE SELL YOU A PRODUCT OR SERVICE PROVIDED BY A SUPPLIER, THAT SUPPLIER IS SOLELY RESPONSIBLE FOR THE ACCURACY AND COMPLETENESS OF THAT PRODUCT. NEITHER CTASAFE, NOR ANY OF OUR DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, SUPPLIERS, LICENSORS, AFFILIATED COMPANIES OR AFFILIATED CREDIT BUREAUS (“AFFILIATED PERSONS”) WARRANT THE CORRECTNESS, COMPLETENESS, CURRENTNESS, OR ANY OTHER ASPECT OF ANY PRODUCT OR INFORMATION CONTAINED IN ANY PRODUCT OR SERVICES IN ANY WAY. THE PRODUCTS AND SERVICES ARE PROVIDED”AS IS” AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE. NEITHER CTASAFE NOR ANY OF OUR AFFILIATED PERSONS WILL BE LIABLE TO YOU (OR ANY OF YOUR MINOR CHILDREN) FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED, IN WHOLE OR IN PART, BY ANY NEGLIGENT ACTS OR OMISSIONS OF ANY SUCH PERSON PREPARING, REPORTING, OR DELIVERING THE PRODUCTS, PROVIDING AUTHENTICATION SERVICES, OR IN DOING ANYTHING RELATED THERETO. NEITHER CTASAFE NOR OUR AFFILIATED PERSONS WILL BE LIABLE TO YOU (OR YOUR MINOR CHILDREN) FOR DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EMOTIONAL DISTRESS DAMAGES (INCLUDING BUT NOT LIMTIED TO LOST PROFITS OR OPPORTUNITIES, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR DATA) IN CONNECTION WITH YOUR USE OF THE SITE, ANY USE OR RELIANCE UPON INFORMATION FOUND ON THE SITE OR PROVIDED BY US OR ANY PRODUCT PROVIDED AT THE SITE OR THROUGH ANY OTHER MEDIUM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH ANY SALES SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE ORDERED. TO THE EXTENT APPLICABLE LAW DISALLOWS ANY DISCLAIMERS OR LIMITATIONS IN THESE TERMS, SUCH DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.

 

If, notwithstanding the foregoing, any CTASAFE or Affiliated Person is held liable to you, the amount of such liability shall in no event exceed the purchase price of the product or service ordered. If you desire to make a claim against CTASAFE or an Affiliated Person, you must give the applicable party notice of the claim within three (3) months of becoming aware of the circumstances giving rise to the claim or, if earlier, three (3) months from the time you should reasonably have become aware of such circumstances. If you do not comply with the timing in this paragraph then neither CTASAFE nor any Affiliated Person shall be liable to you for the claim. 

11. INDEMNIFICATION

You agree that you shall indemnify and hold CTASAFE and the Affiliated Persons harmless from and against all loss, costs, liabilities and expenses (including reasonable attorneys’ fees) resulting from your breach of these Terms, including your infringement of any intellectual property or other right of any person or entity and from personal injury or property damage relating to your acts or omissions. 

CHANGES TO THIS POLICY 

From time to time we may update these Terms so we encourage you to check back periodically.  We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent. By continuing to use the Site after any such changes, you are agreeing to the new terms and conditions. 

13. GENERAL

No Partnership: Nothing contained in these Terms shall be deemed or construed by the parties hereto or by any third person to create the relationship of employee and employer, principal and agent or of partnership or of joint venture.  Further, nothing in this Agreement shall establish or be deemed to establish any fiduciary relationship between the parties hereto. The parties’ respective rights and obligations hereunder shall be limited to the contractual rights and obligations set forth herein.

Interpretation: the headings are for convenience only and shall not affect the construction or interpretation of these Terms. All terms defined herein in the singular shall have the same meaning when used in the plural and vice versa, where appropriate and unless otherwise specified. 

Waiver: CTASAFE’s failure to exercise any right or enforce any condition or provision under these Terms will not operate as a current or future waiver. For any waiver to be effective against us, it must be in a writing signed by an authorized representative of CTASAFE. 

Assignment: we are entitled to transfer, sub-license and/or assign any of our rights and/or obligations under these Terms at any time and with or without notice.  This will not affect your rights under these Terms. You may not transfer, sub-license or assign any of your rights or obligations under these Terms without CTASAFE’s prior written and signed consent. 

Severability: If any provision of these Term shall be invalid, illegal or unenforceable, the remainder of these Terms shall be enforced to the fullest extent permitted by law. You and CTASAFE intend that any invalid, illegal or unenforceable portions of these Terms shall be interpreted to provide the greatest effect and intent of the original provision. If a construction of the invalid, illegal or unenforceable portion is not possible, the invalid, illegal or unenforceable portion shall be severed from these Terms and the rest of these Terms will remain in full force and effect. 

Governing Law:  These Terms shall be governed by and interpreted in accordance with the laws of State of California without reference to its principles of conflicts of law, and shall be binding on the parties hereto in the United States and worldwide. 

Dispute Resolution:  PLEASE READ THIS ENTIRE SECTION CAREFULLY BECAUSE IT AFFECTS YOUR LEGAL RIGHTS. Any dispute, controversy or claim arising out of, relating to, or in connection with, these Terms or any breach, termination or validity thereof (a “Dispute”) shall be finally settled by arbitration.  However, prior to arbitration, you are required to send a notice of the Dispute to CTASAFE per the contact information below stating your name, contact information and description of the Dispute so that we can work to resolve such Dispute first without arbitration. If such Dispute is not resolved within sixty (60) days then a party may submit such Dispute to arbitration. The arbitration shall be conducted in accordance with the Arbitration Rules of the American Arbitration Association (the “AAA”) in effect at the time of the arbitration, except as they may be modified herein or by mutual agreement of the parties. The seat of the arbitration shall be San Francisco County, California.  The arbitration award shall be in writing and shall be final and binding on the parties. 

CONTACT INFORMATION

This website is operated by CTASafe, Inc., a California corporation, 1350 Old Bayshore Hwy, Suite 520, Burlingame, CA 94010. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed here.