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Terms of Service

Last Updated: May 10, 2026

Welcome to KS Registered Agent.org, operated by Mainstay Filing, LLC.

These Terms of Service (the "Terms") are a binding agreement between Mainstay Filing, LLC ("Mainstay," "we," "us," or "our") and the person or entity that creates an account, places an order, or otherwise uses our registered agent and related services (the "Services") ("you," "your," or "Customer"). By creating an account, clicking to accept these Terms, signing an order form that references these Terms, or using the Services, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other entity, you represent that you have authority to bind that entity, and "you" and "your" refer to that entity.

No legal, tax, or accounting advice. Mainstay is not a law firm, accountant, or financial advisor. We do not provide legal, tax, or accounting advice, and nothing on our website, in your account, or in any communication (including AI generated content or responses) from us should be construed as such advice. You are solely responsible for determining whether the Services meet your needs and for compliance with laws applicable to you and your business.

No agency or fiduciary relationship. The Services are provided as a convenience. Nothing in these Terms creates a fiduciary relationship, partnership, joint venture, employment, or general agency relationship between you and Mainstay. Our role is limited to that of a provider of the specific Services you purchase.

PLEASE READ CAREFULLY. These Terms contain important provisions, including disclaimers of warranties, limitations of liability, indemnification obligations, restrictions on use of our address, a non-compete, mandatory venue and choice of law, and a waiver of jury trial.

You acknowledge and agree that Mainstay may work with third-party providers of our choice to provide some or all of our services. You acknowledge and agree that any such service provider may provide services, including but not limited to Registered Agent services to you. You consent and agree to Mainstay entering into any third-party terms on your behalf for the limited purpose of providing you with the Services. You consent and agree with Mainstay sharing relevant information with partners, as necessary to facilitate any services.

1. Registered Agent Services

Subject to these Terms, Mainstay will provide the following registered agent Services for each business entity for which you have purchased Services (each, an "Entity"):

  • Acting as the registered agent of record for the Entity, including serving as the listed principal place of business and registered office address with the applicable state authority.
  • Permitting the Entity, in its discretion, to list our address (i) with the Secretary of State, (ii) in place of the Entity's physical business address, (iii) as the Entity's legal mailing address (which may differ from the Entity's commercial mailing address), and (iv) as the address of the Entity's officers, members, or managers, but only in their capacity as officers, members, or managers of the Entity and not for any personal use.
  • Receiving, signing for, and accepting service of process for the Entity. Service of process documents are typically scanned and uploaded to your online account within twenty-four (24) hours of receipt. You agree to allow us to accept a variety of legal documents on your behalf, and to open, scan upload and transmit them to you.
  • Receiving and accepting Secretary of State mail for the Entity. Secretary of State mail is typically scanned and uploaded to your online account within forty-eight (48) hours of receipt.
  • Forwarding correspondence, service of process, notices, and similar documentation to you, typically within forty-eight (48) hours of receipt, by uploading documents to your online account. Notifications of new uploads will be sent to the primary email address associated with your account.
  • Performing the Services in conformity with all applicable federal, state, and local laws and regulations.

2. Compliance Services

We provide various filing and formation services:

Formation Service. Formation of legal entities (such as limited liability companies) and the administration thereof through the filing of related corporate documents ("Formation Service"). It is your responsibility to check business name availability. We may contact you for information updates and fee payments. Please note that the Formation Service does not include publication in local newspapers. Such publication must be conducted in accordance with applicable law, and the responsibility for ensuring compliance lies solely with you.

You understand that we have no obligation to revise any information you provide to us where required or needed, we may submit amendment requests on your behalf to the relevant state, subject to additional costs and fees, as instructed by us (where applicable).

You acknowledge, agree, and consent to our signing paperwork, electronically or in writing, in your name and on your behalf, or in our name (including our personnel), as applicable at our sole discretion, as an 'authorized representative,' 'organizer,' 'incorporator,' or similar. You also authorize us to attach relevant documents as we deem appropriate and agree to promptly provide us with a conformed copy executed by you for any related matters.

EIN and ITIN Application Service. Submission of Application for an Employer Identification Number or Individual Taxpayer Identification Number ("EIN Application Service"). The EIN Application Service is subject to your collaboration with us on time, and accurate information you provide us with where requested. You also authorize us to discuss, sign on documents, and accept any terms, with the IRS and/or any other relevant competent authority to provide you with the EIN Application Service and handle any rejection or inquiry thereof, to the extent we support the same.

3. Mail Handling, Allowances, and Packages

Free regular mail allowance. Each Entity receives a complimentary allowance of three (3) pieces of regular mail per service year, which we will scan and upload to your online account at no additional charge. After the allowance has been met, a charge per piece will apply to view or download additional regular mail items for the remainder of that service year. "Regular mail" means any mail that is not from a Secretary of State and is not a service of process document.

Junk mail. We do not scan or upload junk mail. Junk mail will be discarded.

Physical copies. You may request the physical copy of an uploaded document within forty (40) days of our receipt. We cannot guarantee fulfillment of requests received after forty (40) days.

Packages. We are not a bailee, warehouse, or shipping agent and owe no duty of care for the holding, handling, insuring, or shipping of packages. Packages arriving at our office will be refused upon delivery or returned to the sender if immediate refusal is not possible. If neither refusal nor return is possible, we will notify you that a package is in our possession. We will hold a package no longer than ten (10) days from the date of receipt before disposing of it. If you request that a package be forwarded to an address associated with the Entity, you are solely responsible for all shipping, insurance, tracking, and risk of loss.

Online seller verification. Online seller verification cards (including those issued by Amazon, Google, Walmart, and similar platforms) typically request that we confirm our office is a physical storefront for the Entity. We do not, and are not able to, verify these cards. We will not complete or return them.

USPS mail forwarding. You and the Entity are prohibited from filing a "change of address," mail forwarding request, or similar instruction with the United States Postal Service ("USPS") using our address. If we discover that any such request has been filed, we may demand that the request be revoked and that all use of our address cease within three (3) business days, in addition to all other remedies available to us.

4. Your Account; Authorized Users

To use the Services you must create an online account. You are responsible for (a) the accuracy and completeness of all information you provide; (b) maintaining the confidentiality of your account credentials; and (c) all activity that occurs under your account, whether or not authorized by you.

We will only discuss account details with individuals who can verify the primary email address on file. We do not sell or share your personal account information except as described in our Privacy Policy.

You agree to promptly update your account information to keep it accurate, current, and complete. We may suspend or terminate your account if any information you provide is, or we reasonably suspect to be, untrue, inaccurate, or incomplete.

5. Customer Obligations and Required Information

You are responsible for completing any forms or providing any information requested by us as required by the Secretary of State or other governmental authority for new filings or new Services. Any such requests will appear in your account. This information is the minimum required to provide the Services lawfully.

You agree to provide, within twelve (12) hours of our request, any information we require to comply with laws and regulations applicable to the provision of the Services (the "Required Information"), including without limitation Wyoming Statute § 17-28-107. The Required Information includes:

  • The name, verified physical address, and phone number of the authorized natural person designated as the communications contact for the Entity. The communications contact must be a natural person.
  • Any additional information necessary to maintain the Entity's registered agent of record status under applicable law.

Service-related information will be collected through your online account unless we agree otherwise in writing. You agree to reimburse Mainstay for any fines, penalties, or expenses incurred as a result of your failure to timely provide accurate Required Information.

You acknowledge that information used to deliver the Services is based strictly on what you provide, and any error in that data resulting in a defect in the Services is your responsibility.

6. Fees, Renewal, and Payment

Fees. You agree to pay the fees for the Services as set forth on our website, in your online account, or in an order form, as those fees may be updated from time to time. We will provide notice of any change to recurring fees before the change takes effect.

Renewal. Registered agent Services automatically renew for successive one-year terms on each renewal date for each Entity, unless (i) you disable auto-renewal or cancel through your online account, or (ii) you provide written notice of non-renewal or termination at least thirty (30) days before the applicable renewal date. Renewal reminders will be sent approximately sixty (60) days before each renewal date.

Payment terms. Unless otherwise stated on the invoice or in an order form, payment for registered agent Services is due upon ordering. We may charge interest on past-due amounts at the lower of 1.5% per month or the maximum rate permitted by law, plus reasonable costs of collection.

Taxes. You are responsible for all sales, use, excise, and similar taxes imposed on amounts payable under these Terms by any federal, state, or local governmental entity, except for taxes based on our net income, gross receipts, personnel, or property.

Authorization to charge. If you provide a payment method, you authorize us to charge that payment method for Services as they are renewed or as fees become due. If a charge is declined or chargeback, we may suspend the Services until payment is received.

7. Cancellation; Effect of Cancellation

You may cancel the Services for an Entity at any time through your online account or by contacting support. By submitting a cancellation, you represent that you have authority to do so. Cancellations are effective on the date received by us.

Refunds: If services have already been filed with the government, they are not refundable. Registered Agent fees are not refundable once we or our service partner is appointed as your registered agent with the state. State fees, once paid to the state, are not refundable.

Effect of cancellation and chargebacks. You acknowledge and agree that, upon cancellation:

  • You waive any and all rights or claims to statutory or tort damages against Mainstay arising from the cessation of Services.
  • We are released from any duty to forward service of process, legal notices, lawsuits, or any electronic or physical mail that we may receive for the cancelled Entity, even if our address remains listed on corporate filings or as the registered agent.
  • Any documents we receive after the cancellation date will be uploaded to your online account in a "locked view" status. Locked documents may be unlocked only upon (a) payment of the applicable unlock fee, or (b) reinstatement of the Services. You may also choose to leave the document in locked view.
  • Cancellation does not, by itself, remove us as registered agent on any state record. You are solely responsible for filing any change of agent, resignation, or similar filing necessary to remove our address and our designation as registered agent from state records.

We reserve the right, in our sole discretion, to resign or withdraw as registered agent for any Entity at any time. Resignation may cause the Entity to lose good standing, fall into default, or lose licenses or approvals. We will provide reasonable notice where practicable.

8. Restrictions on Use; Non-Compete

You will not, and will not permit any third party to:

  • Use our address as a registered agent address with any registered agent service provider other than Mainstay.
  • Use our address for any personal, residential, or non-business purpose, or for any purpose other than the lawful operation of the Entity.
  • Use our address in connection with the receipt of mail or packages from individuals not affiliated with the Entity.
  • File a USPS change of address or mail forwarding instruction using our address.
  • Use the Services in connection with any business that violates applicable law or any of our acceptable use rules published from time to time, including any unlawful, fraudulent, or deceptive activity.

Non-compete. During the term of these Terms, you will not directly or indirectly provide, market, or facilitate registered agent services or compliance services to anyone else.

9. Privacy; CCPA/CPRA

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. We use commercially reasonable administrative, technical, and physical safeguards designed to protect data from unauthorized access, theft, or loss while preserving availability and confidentiality. Access to your data is limited to authorized roles. We do not sell or share your personal account information except as described in the Privacy Policy.

If you (or, where applicable, an end user of the Entity) (a) is subject to the California Consumer Privacy Act ("CCPA") or California Privacy Rights Act ("CPRA"), or (b) uses the Services in a manner that makes us a "service provider" under the CCPA or CPRA, then the terms of our CCPA/CPRA notice (available at the URL identified in our Privacy Policy) will apply and are incorporated into these Terms by reference.

10. Warranty Disclaimers

We will perform the Services in a workmanlike and professional manner consistent with industry standards for similar registered agent services and in compliance with applicable law.

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." MAINSTAY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM HARMFUL COMPONENTS, OR THAT ANY DOCUMENT WILL BE DELIVERED OR UPLOADED WITHIN ANY SPECIFIC TIME.

11. Limitation of Liability

CAP. THE TOTAL CUMULATIVE LIABILITY OF EACH PARTY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO MAINSTAY FOR THE SERVICES IN THE 365 DAYS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

EXCLUDED DAMAGES. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST GOODWILL, OR LOSS OR INACCURACY OF DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

The parties acknowledge that the disclaimers and limitations in these Terms reflect a reasonable allocation of risk and that the Services would not be provided on these economic terms without these limitations. Customer acknowledges that the cost of the Services would be substantially higher without this liability limitation and that this limitation allows Customer to receive the Services at a reduced cost.

12. Indemnification

By Customer. You will defend, indemnify, and hold harmless Mainstay and its officers, directors, employees, agents, shareholders, affiliates, sublicensees, successors, and assigns from any third-party claim, demand, suit, proceeding, or action arising out of or relating to (i) your breach of these Terms, (ii) the Entity's business or operations, (iii) any inaccurate or misleading information you or the Entity provides, (iv) any misuse of our address, including any USPS forwarding request, or (v) any matter in which we are named as a party or are required to respond when acting in our capacity as registered agent, address provider, incorporator (in any form), corporate filing agent, or in any other agency role under these Terms. You will pay our reasonable attorneys' fees and costs in any such matter.

Procedure. Mainstay will provide Customer with prompt written notice of the claim and reasonable cooperation. Mainstay will have sole control of the defense and settlement, except that no settlement may impose any non-monetary obligation on Customer without its prior written consent (not to be unreasonably withheld).

13. Term; Termination; Suspension

These Terms apply from the date you first accept them and continue until terminated in accordance with this Section. Either party may terminate these Terms or any Service for an Entity:

  • Immediately upon written notice if the other party materially breaches these Terms and fails to cure the breach (if curable) within thirty (30) days after receiving written notice of the breach;
  • Immediately upon written notice if the other party becomes insolvent, admits an inability to pay debts as they become due, becomes the subject of any voluntary or involuntary bankruptcy or insolvency proceeding, is dissolved or liquidated, makes a general assignment for the benefit of creditors, or has a receiver, trustee, or similar agent appointed to take charge of a material portion of its property; or
  • For convenience, on six (6) months' prior written notice to the other party, except that you may also cancel any Service for an Entity at any time as described in Section 7.

Suspension. We may suspend the Services in whole or in part, with or without notice, if (i) you fail to pay any amount when due, (ii) you breach Sections 2 (USPS), 5 (Required Information), or 8 (Restrictions), (iii) we reasonably believe continued provision of the Services creates a security, legal, or regulatory risk, or (iv) we are required to do so by law or governmental order.

Effect of termination. Upon termination, all amounts due as of the effective date of termination remain payable, all licenses granted to you terminate, and you must immediately stop using our address. Sections relating to fees accrued, confidentiality, indemnification, limitation of liability, dispute resolution, and any other terms that by their nature should survive will survive termination.

Transition assistance. Upon termination or expiration, we will, on commercially reasonable terms, provide reasonable transition assistance to enable you to migrate to a different registered agent provider. You are solely responsible for filing any change of agent or similar filings.

14. Injunctive Relief

You acknowledge that any breach of Sections 8 (Restrictions; Non-Compete) or 10 (Confidentiality), may cause irreparable harm for which monetary damages are inadequate. In addition to any other remedy available at law or in equity, the non-breaching party is entitled to seek specific performance and injunctive relief from a court of competent jurisdiction without the requirement to post bond.

15. Changes to These Terms or the Services

We may update these Terms from time to time. If we make a material change, we will provide reasonable advance notice (for example, by email to the address on your account or through a notice in your account or on our website). The updated Terms become effective on the date stated in the notice or, if no date is stated, thirty (30) days after the notice. Your continued use of the Services after the effective date constitutes your acceptance of the updated Terms. If you do not agree, you must stop using the Services and may cancel as described in Section 7.

We may modify, add, or remove features of the Services from time to time. We will not materially diminish the core registered agent Services during a paid term without offering you a commercially reasonable substitute or a pro-rata refund of prepaid, unused fees.

16. Notices

All notices under these Terms must be in writing. Notices to you may be sent by email to the primary email address on your account or by posting in your account. Notices to us must be sent by email to [email protected] (or such other address as we designate). Notices are effective upon delivery (or, for email, upon transmission absent a bounce-back).

17. Force Majeure

Neither party will be liable for any failure or delay in performing its obligations (other than a payment obligation) to the extent caused by an event beyond its reasonable control, including acts of God, natural disaster, war, terrorism, civil disorder, labor disturbance, epidemic, governmental action, internet or telecommunications failures, or denial-of-service attacks. If any such event continues for more than thirty (30) days, either party may terminate the affected Services on written notice.

18. Assignment

You may not assign, transfer, or delegate these Terms or any of your rights or obligations, by operation of law or otherwise, without our prior written consent. Any purported assignment in violation of this Section is void. We may assign these Terms in whole or in part without your consent in connection with a financing, reorganization, merger, sale of assets, or similar transaction. These Terms are binding on, and inure to the benefit of, the parties and their permitted successors and assigns.

19. Dispute Resolution

Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Mainstay and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by Mainstay that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Mainstay, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

Notice Requirement and Informal Dispute Resolution. Before disputing a charge with your card issuer, you agree to contact Mainstay to allow us to resolve billing questions. You also agree to provide requested documentation within ten (10) days if we must respond to a card-network inquiry. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute ("Notice") describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Mainstay should be sent to 3916 N Potsdam Ave, Sioux Falls, SD 57104. After the Notice is received, you and Mainstay may attempt to resolve the claim or dispute informally. If you and Mainstay do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association ("AAA"), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules ("Arbitration Rules") governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that Mainstay made to you prior to the initiation of arbitration, Mainstay will pay you the greater of the award or $1,000.00. Each party shall bear its own costs (including attorney's fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider, including Case Management Fees.

Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Time Limits. If you or Mainstay pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Mainstay, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Mainstay.

Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Mainstay in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Mainstay.

Small Claims Court. Notwithstanding the foregoing, either you or Mainstay may bring an individual action in small claims court.

Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within the state of Montana.

20. Governing Law; Venue; Jury Waiver

Governing law and venue. These Terms and any matter arising out of or relating to them or the Services are governed by the laws of the State of Montana, without regard to its conflict-of-laws rules. Subject to the Arbitration provision above, you irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Montana for any action permitted to be brought in court.

21. Miscellaneous

Entire agreement. These Terms, together with any order form, the Privacy Policy, and any policies referenced in these Terms, constitute the entire agreement between the parties regarding the Services and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral.

Order of precedence. In the event of a conflict, the order of precedence is (1) the order form (if any) signed by both parties, (2) these Terms, and (3) any policy referenced in these Terms.

Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, the parties will modify the provision to achieve the original intent of the parties to the greatest extent possible, and the remaining provisions will remain in full force and effect.

Waiver. No waiver of any provision of these Terms is effective unless set forth in writing and signed by the waiving party. No failure or delay in exercising any right under these Terms operates as a waiver.

Amendments. Except as provided in Section 15, no amendment to these Terms is effective unless in writing, identified as an amendment to these Terms, and signed (including via electronic signature) by an authorized representative of each party.

No third-party beneficiaries. Except as expressly stated, these Terms do not create any third-party beneficiary rights.

Independent contractors. The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, franchise, or employment relationship.

22. Contact

Questions about these Terms should be directed to:

Mainstay Filing, LLC
Attn: Legal
Email: [email protected]