Privacy Terms.

RECITALS.

 

By visiting, browsing, using, accessing, onboarding, and/or participating in the Beplace Privacy Add-Ons; and/or by engaging in absolutely any activity whatsoever relating to the Beplace Privacy Add-Ons with any Beplace Resource or through any Beplace Site, Beplace App, Beplace Premise, Beplace Software, Beplace Hardware, and/or any other real or digital property, software, or hardware:

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• you have read, understand, and agree to be bound by the Beplace Privacy Terms and all Beplace Agreements incorporated herein by reference;

• you understand and agree that you will always be subject to the Beplace User Terms (as they are changed from time to time);

• you acknowledge and understand that the Beplace Privacy Terms supplement the Beplace Service Terms and constitute a legal contract between you and Beplace;

• you acknowledge and understand that the Beplace Privacy Terms govern respective rights and obligations;

• you acknowledge and understand that Capitalized Terms will have the meanings set forth in the Beplace Dictionary (as it is changed from time to time);

• you acknowledge and understand that the rules of interpretation will be as set forth in the Beplace Interpretation Rules (as they are changed from time to time);

• you acknowledge, understand, and agree that any disputes must be resolved as set forth in the Beplace Dispute Resolution Policy (as it is changed from time to time);

• you acknowledge and understand that the Beplace Dictionary, the Beplace Interpretation Rules, and the Beplace Dispute Resolution Policy form integral parts of the Beplace Privacy Terms and any and all Beplace Agreements;

• you acknowledge and understand that if you violate or do not agree to any of the foregoing terms and/or any Beplace Privacy Terms and/or any Beplace Agreements incorporated herein by reference, then your access to, use of, and/or participation in the Beplace Solution, and any and all Beplace Resources, Beplace Sites, Beplace Apps, Beplace Premises, Beplace Software, and Beplace Hardware are unauthorized and strictly prohibited, and that Beplace may revoke your access to, use of, and/or participation in any of the foregoing in its absolute, exclusive, and sole discretion;

• you absolutely, unconditionally, and irrevocably waive any objection to any of the foregoing from the beginning of time until the end of time; and

• you affirm that you are of legal age to enter into any and all of the foregoing terms.

 

NOW, THEREFORE, you understand and agree to these Beplace Privacy Terms:

 

​1. DEFINITIONS AND INTERPRETATION.

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1.1 Definitions.

Capitalized terms not otherwise defined will have the meanings set forth in the Beplace Dictionary.

 

1.2 Interpretation.

The rules of interpretation not otherwise stated will be as set forth in the Beplace Interpretation Rules.

 

2. POLICIES.

For the avoidance of doubt, the following Beplace Policies (as each may be changed from time to time) are expressly incorporated into these Beplace Privacy Terms by reference:

• Beplace Acceptable Use Policy.

• Beplace Cookie Policy.

• Beplace Copyright Policy.

• Beplace Dispute Resolution Policy.

• Beplace Equal Rights Policy.

• Beplace Privacy Policy.

• Beplace Refund Policy.

• Beplace User Eligibility Policy.

 

3. DISPUTE RESOLUTION.

You acknowledge, understand, and agree:

• that any disputes between you and Beplace must be resolved as set forth in the Beplace Dispute Resolution Policy (as it is changed from time to time); and

• that you waive the right to participate in any class action, trial, or trial by jury.

 

4. USERS.

 

4.1 User Eligibility.

You represent, warrant, and/or covenant to Beplace:

• that any and all other Business Owners of your Business (whether or not identified or disclosed to Beplace) satisfy all eligibility requirements as set forth in our Beplace User Eligibility Policy (as it is changed from time to time); and

• that any and all other Business Owners of your Business (whether or not identified or disclosed to Beplace) are not subject to any disqualifications as set forth in our Beplace User Eligibility Policy (as it is changed from time to time).

 

5. ADD-ONS.

Beplace Privacy Add-Ons are designed to help you protect your privacy and personal information from public disclosure. You may participate in Beplace Privacy Add-Ons only and strictly if and when you are a Beplace User. Participation in Beplace Privacy Add-Ons will be subject to these Beplace Privacy Terms, and the Beplace Service Terms and the Beplace User Terms, both of which are incorporated herein by reference (except to the extent expressly modified by these Beplace Privacy Terms).

 

6. FEES AND CHARGES.

​Prices shown on the pricing page are for the following add-ons:

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6.1 Phone Number.

Prices shown on the pricing page are one-time flat Fees for the setup of a dedicated phone number for each Person and for each phone number, which include only those fees related to the Phone Number Add-On; and exclude all other federal, state, local and/or regulatory charges and fees.

 

6.2 Registered Agent.

Prices shown on the pricing page are one-time flat Fees for the use of our registered agent service for each Business entity and for each state of the United States, which include only those state filing fees related to the setup of registered agent services; and exclude all other state and/or regulatory charges and fees.

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6.3 Virtual Mail.

Prices shown on the pricing page are one-time flat Fees for the use of our virtual mail service for each Person and for each address, which include only those fees related to the Virtual Mail Add-On; and exclude all other state and/or regulatory charges and fees.

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6.4 Privacy Bundle.

Prices shown on the pricing page are one-time flat Fees for the bundle of the Phone Number Add-On, Registered Agent Add-On, and Virtual Mail Add-On; and as described and provided for in 6.1, 6.2, and 6.3.​​

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7. INFORMATION AND CONTENT.

When you participate in a Beplace Add-on and make a payment, you'll be prompted to complete an onboarding for each Business. You may be prompted to complete one (or more than one) onboarding. We are required to comply with laws and regulations that help prevent the facilitation and funding of money laundering, terrorism, and other criminal activities. Such laws and regulations require us to collect information that identifies persons with whom we do business and to whom we provide our products and services.

 

Your privacy is important to us. We protect User Information and User Content from public disclosure by limiting the User Information and User Content we request and collect from you during onboarding to the minimum required:

• to comply with the Law (and such other laws and regulations); and

• to provide you with Beplace Privacy Add-Ons.

 

You understand that you may contact Beplace Support if you have any questions about any request for User Information or User Content.

 

You represent, warrant, and/or covenant to Beplace that you will provide accurate, complete, current, and true User Information and User Content about you and your Business; and any and all Business Owners of your Business. You acknowledge and understand that you must promptly update and at all times keep any such User Information and User Content current. You acknowledge and understand that Beplace reserves the right to require additional and/or official documentation to verify any such User Information and User Content.

 

8. RESOURCES.

You acknowledge, understand, and agree to give us permission to use the User Information and User Content you submit to provide you with the Beplace Privacy Add-Ons. Beplace Users who participate in the Beplace Privacy Add-Ons have access to Beplace Resources that help to:

• Protect your privacy and Personal Information from public disclosure; and

• Set up a local phone number in any U.S. area code that we use as a placeholder contact number; and

• Use our registered agent service as a placeholder address for legal and official mail; and

• Use our virtual mail service as a placeholder address for personal and business mail.

 

You specifically authorize us to do the following:

 

8.1 Phone Number.

You specifically authorize Beplace to use the User Information and User Content you provide us to obtain a new phone number. New phone numbers are purchased by Beplace. Beplace does not purchase phone numbers that are in any way whatsoever:

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• already registered by any other person;

• held by any other person;

• subject to an auction;

• subject to any dispute;

• designated or regarded as premium or toll-free phone numbers;

• subject to any fees except for standard fees;

• determined to be anything other than standard or typical phone numbers pursuant to the absolute and sole discretion of Beplace.

 

You further specifically authorize Beplace to modify and maintain the registration settings for a phone number under the name and contact information of Beplace, a Beplace Affiliate, or a Beplace Agent. Any such phone number will be held by Beplace for incoming communications (and outgoing communications upon your request and on your behalf) related to your loan request until such time as the loan request has been funded or terminated.

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Pursuant to the Beplace Solution, Beplace may set and/or modify the phone number and/or any other settings in any way whatsoever:

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• to link and/or set up any such phone number to Beplace’s phone system.

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Your further specifically authorize Beplace to use any such phone number in:

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• a signature that is added to emails and any other communications;

• any marketing or advertising materials.

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You further specifically authorize Beplace to maintain the Phone Number Add-On until such time as the loan request has been funded or terminated but in no case later than the closing of the transaction.

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8.2 Registered Agent.

You specifically authorize Beplace to use the User Information and User Content you provide to appoint and use our registered agent service designated by us to serve as the registered agent service of your Business in any state that you pick in the United States.

 

We will list the address of our registered agent service service as the address for a Business’:

• principal place of business; and

• registered office; and

• physical address; and

• legal mailing address; and

• address for its officers, members, and managers; and

• address for any other purpose that may be listed with the applicable state authority.

 

A Business may use our registered agent service service for delivery of all Official Documents - all mail that is not considered to be an Official Document may be addressed and mailed separately using our Virtual Mail Add-On.

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Beplace will accept delivery of any and all Official Documents, and you acknowledge, understand, and agree that you will incur additional Fees pursuant to pricing for our Virtual Mail Add-On if we receive any mail that is not an Official Document.​

 

Mail is delivered and processed during regular business hours on regular business days. Official Documents that are received are opened, their contents are scanned, and their digital versions are uploaded to a digital folder shared just with you using your Registered Email Address. It typically takes approximately twenty-four (24) hours to process mailed Official Documents. You acknowledge and understand that you are solely responsible for remitting, sharing, and/or transmitting any such mailed Official Documents to your vendors, service providers, and/or fiduciaries; provided, however, that you may instruct Beplace to share access to a Business’ digital folder with your fiduciaries if you provide Beplace with the list of such fiduciaries.

 

Official Documents must be regular mail. You acknowledge and understand that we do not accept packages, and that packages may be refused, returned for an additional Charge, or discarded for an additional Charge.

 

You acknowledge and understand that any advertisements, bulk mail, catalogs, flyers, magazines, and other similar mail items are discarded and will not be received or processed in any way whatsoever so you are responsible for ensuring that any such mail is not delivered to Beplace if you, the Business, or other Business Owners in your Business desire to receive them.

 

You further acknowledge and understand that Official Documents mailed to Beplace must be postage paid, and that we do not accept any mail that is subject to postage due or cash on delivery (COD).

 

All physical mail is kept and stored for 30 days and discarded thereafter. You may request that original mail contents are mailed to you (or the Business; or other Business Owners in your Business), and any such requests will be subject to an additional charge. Contents mailed to you (or the Business; or other Business Owners in your Business) may be placed in a new mail container. We may ship such mail through your preferred shipping method if your preferred shipping method is available. You acknowledge and understand that if the mailing address you provide is insufficient or if the courier is unable to complete the delivery, any such mail may be returned to us and will need to be re-delivered. If any mail is returned, there may be additional charges to accept the returned mail, and to re-ship the mail.

 

You acknowledge and understand that you (or the Business; or other Business Owners in your Business) may not under any circumstances whatsoever file a “change of address” or mail forwarding request with the United States Postal Service using any registered agent service address.

 

You further specifically authorize Beplace to maintain the Registered Agent Add-On until such time as the loan request has been funded or terminated or such time that you have changed the registered agent, whichever is earlier, but in no case later than the closing of the transaction.

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8.3 Virtual Mail.

You specifically authorize Beplace to accept delivery of documents addressed to you, your Business or any Business Owner of your Business; and sent through Regular Mail to any of our virtual mailing addresses using any of the following couriers:

• the United States Postal Service;

• UPS;

• Federal Express (also known as FedEx);

• DHL.

 

A virtual mailing address that is used for you, your Business or any Business Owner of your Business may be in any state that you pick in the United States.

 

You may use our virtual mailing addresses for delivery of any Regular Documents but not any Official Documents - Official Documents must be addressed and mailed separately using our Registered Agent Add-On.

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Beplace will accept delivery of any and all Regular Documents, and you acknowledge, understand, and agree that you will incur additional Fees pursuant to pricing for our Registered Agent Add-On if we receive any mail that is not an Regular Document.

 

Mail envelopes will be scanned; and mail contents will be scanned if the aggregate of all pages including the mail envelope is up to twenty pages; but mail contents will only be scanned upon request if such aggregate exceeds twenty pages.

 

Beplace will accept delivery of an unlimited number of any such mail, and you acknowledge, understand, and agree that you will incur:

• Fees for the Virtual Mail Ad-On pursuant to the pricing on our pricing page; and

• additional Fees of 20¢ per page for every page that is scanned beyond the first 20 free pages.

 

You must include our full address so that we can properly identify any mailed items. Regular Documents that are mailed to Beplace must be addressed to you, your Business or any Business Owner of your Business (if the list of Business Owners is provided to Beplace). You acknowledge and understand that any mailed items that are not addressed properly may be delayed, returned to the sender, or discarded.

 

Mail is delivered and processed during regular business hours on regular business days. Regular Documents that are mailed to and received by Beplace are opened, their contents are scanned, and their digital versions are uploaded to a digital folder shared just with you using your Registered Email Address. You acknowledge and understand that you are solely responsible for remitting, sharing, and/or transmitting any such mailed Regular Documents to your vendors, service providers, and/or fiduciaries; provided, however, that you may instruct Beplace to share access to a Business’ digital folder with your fiduciaries if you provide Beplace with the list of such fiduciaries.

 

Regular Documents that are mailed to Beplace must weigh less than 20 pounds and must be less than nineteen (19″) inches in length on the longest side, fourteen (14”) inches on the median side, or twelve (12”) inches on the shortest side. Regular Documents that are mailed to Beplace that exceed weight and size restrictions may be refused, returned for an additional Charge, or discarded for an additional Charge.

 

You acknowledge and understand that any advertisements, bulk mail, catalogs, flyers, magazines, and other similar mail items are discarded and will not be received or processed in any way whatsoever so you are responsible for ensuring that any such mail is not delivered to Beplace if you, the Business, or other Business Owners in your Business desire to receive them.

 

You further acknowledge and understand that Regular Documents mailed to Beplace must be postage paid, and that we do not accept any mail that is subject to postage due or cash on delivery (COD).

 

All physical mail is kept and stored for 21 days and discarded thereafter. You may request that original mail contents are mailed to you (or the Business; or other Business Owners in your Business), and any such requests will be subject to an additional charge. Contents mailed to you (or the Business; or other Business Owners in your Business) may be placed in a new mail container. We may ship such mail through your preferred shipping method if your preferred shipping method is available. You acknowledge and understand that if the mailing address you provide is insufficient or if the courier is unable to complete the delivery, any such mail may be returned to us and will need to be re-delivered. If any mail is returned, there may be additional charges to accept the returned mail, and to re-ship the mail.

 

You acknowledge and understand that you (or the Business; or other Business Owners in your Business) may not under any circumstances whatsoever file a “change of address” or mail forwarding request with the United States Postal Service using any Beplace virtual mailing address.

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You further specifically authorize Beplace to maintain the Virtual Mail Add-On until such time as the loan request has been funded or terminated or such time that you (or the Business; or other Business Owners in your Business) permanently cease to use the business and/or personal mailing addresses in any way whatsoever, whichever is earlier, but in no case later than the closing of the transaction.

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9. GUARANTEE.

Pursuant to our Beplace Privacy Guarantee, if after the closing of your transaction:

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• you decide to keep the phone number in our Phone Number Add-On, we will transfer the phone number anywhere else;

• you are ready to change the registered agent, we will file the official documents to change your registered agent.

 

You are responsible for any costs associated with alternative phone service or alternative registered agent service, but Beplace will not add or assess any new Fees or Charges for your use of the Beplace Privacy Guarantee.

 

Please note that you must continue to pay for Fees and Charges if you continue to use any Beplace Resource in any way whatsoever. Beplace will not be responsible for transferring or maintaining any Beplace Resources or honoring any Beplace Privacy Guarantee unless you remain compliant with all Beplace Agreements, and unless all Fees and Charges have been paid in full.

 

10. TERM.

The Period of these Beplace Privacy Terms will commence when you participate in a Beplace Privacy Add-on and make a payment, and will end when:

• you terminate the add-on, except that these Beplace Privacy Terms will remain in effect for as long as we provide any Beplace Privacy Add-Ons to you or on your behalf; or

• we terminate you due to a Material Breach.

 

11. INDEMNIFICATION.

Without limiting any of your obligations under the Beplace User Terms and/or the Beplace Service Terms, you will indemnify and defend Beplace, and hold Beplace (including each of their respective (in alphabetical order) Affiliates, Agents, assigns, associate companies, associates, attorneys, contractors, directors, employees, franchisees, heirs, lessees, lessors, licensees, licensors, members, officers, owners, parent companies, partners, representatives, shareholders, sublessees, sublicensees, subsidiary companies, and successors) harmless against and from any and all (in alphabetical order) actions, claims, costs, damages, demands, expenses, fines, injunctions, injuries, investigations, liabilities, litigations, losses, penalties, proceedings, suits (including, without limitation, Legal Fees) of any kind or nature incurred because of or relating to:

• any breach in the performance of your obligations under this Beplace Agreement;

• the failure of any of your representations or warranties made in this Beplace Agreement to be true when made;

• any claim against us in our capacity (or our vendors’ capacities) as:

  • the authorized person, corporate filing agent, filing agent, organizer, or Incorporator of a new or existing Business;

  • the registered agent service of a new or existing Business;

  • the providers of the Registered Addresses for a new or existing Business.

• any claim against us (or our vendors) for:

  • organizing or incorporating a new Business;

  • expanding an existing Business;

  • setting up a registered agent service;

  • obtaining a federal employer identification number;

  • any copyright or intellectual property infringement claims that could arise or apply from the opening, scanning, uploading, processing, or other action relating to mail, email, or other digital or physical documents;

  • the failure of any courier service, delivery service, or other party to provide courier or delivery service of documents, mail, or email accurately or on-time;

  • damage, destruction, or loss of mail, email items, or documents by any cause whatsoever.

 

12. GENERAL PROVISIONS.

 

12.1 Authority and Capacity.

This and all other Beplace Agreements constitute binding, legal, and valid agreements between you and your Business, and Beplace; enforceable against you and your Business in accordance with their terms. You represent and warrant to Beplace that you and your Business have the authority and capacity to enter into this and all other Beplace Agreements on behalf of yourself and your Business; and any and all Business Owners of your Business; and each other. You and your Business are duly authorized and empowered to enter into this and all other Beplace Agreements (including any power of attorney herein) under every applicable governing document, bylaw provision, certificate of incorporation, charter, partnership agreement, pension plan, trust instrument, or the like. If after any purchase or transaction we discover or find that you or your Business do not have the authority to enter into this or any other Beplace Agreement, you and your Business will be personally responsible for the obligations in this and all other Beplace Agreements (including any and all payment obligations). Beplace will not be liable for any damages or loss resulting from our reliance on any communication, document, instruction, notice, representation, submission, or the like that we reasonably believed to be genuine or true or which originated from your Registered Addresses.

 

12.2 Several Liability.

You enter into these Beplace Privacy Terms on behalf of yourself and your Business; and any and all Business Owners of your Business. You and your Business; and any and all of the Business Owners of your Business are jointly and severally liable for any breaches of these Beplace Privacy Terms; and in no event will Beplace be liable for breaches of this or any other Beplace Agreement by you or any other person. This provision survives any expiration, suspension, or termination of this or any other Beplace Agreement to which you or your Business are a party.

 

12.3 Survival.

The following sections (shown UPPERCASED) and/or provisions (shown Capitalized) will survive any expiration, suspension, or termination of this or any other Beplace Agreement to which you or your Business are a party:

• DISPUTE RESOLUTION.

• USERS.

• FEES AND CHARGES.

• INDEMNIFICATION AND COOPERATION.

• Several Liability within GENERAL PROVISIONS.

 

Any provision that allocates risk or limits (or excludes) a Party’s liability will survive any expiration, suspension, or termination of this or any other Beplace Agreement to which you or your Business are a party to the extent necessary to ensure that a Party’s potential liability during the Period of a Beplace Agreement remains unchanged after the expiration, suspension, or termination of such Beplace Agreement.

 

Unless otherwise stated, the terms of this and all other Beplace Agreements will survive the expiration or suspension of this or any other Beplace Agreement, but will not survive the termination of this or any other Beplace Agreement.

 

Unless otherwise stated, the terms of this and all other Beplace Agreements will be operative upon each and every renewed Beplace Agreement.

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12.4 Entire Agreement.

The Parties intend that this and all other Beplace Agreements, together with all attachments, schedules, exhibits, and other documents that both are referenced in this or any other Beplace Agreement and refer to this or any other Beplace Agreement,

• represents the final expression of the Parties’ intent relating to the subject matter;

• contains all the terms the Parties agreed to relating to the subject matter; and

• replaces all of the Parties’ previous discussions, understandings, and agreements relating to the subject matter.

 

12.5 Original Copies.

You acknowledge receipt of a copy of this Beplace Agreement.