This document constitutes a binding contract. If you do not agree to the provisions of the contract, stop using and benefiting from our services immediately.
1. Parties.
NORTHDREAMER and its services (‘’Web Site’’ or the ‘’Services’’) are maintained by NORTHDREAMER LLC (‘’NORTHDREAMER’’) and provided to you (‘’User’’ or the ‘’Client’’) conditionally with your acceptance of the terms, conditions and provisions contained herein (‘’Contract’’ or ‘’Terms of Use’’)
2. Acceptance of Terms.
2.1. The User shall be deemed to have accepted these Terms Of Use by i) logging in to the ‘www.einitinapplication.com, (‘’Web Site’’), ii) using the services and facilities of this Website, or iii) checking or clicking on the options provided by NORTHDREAMER enabling the User to confirm this Agreement.
2.2. User may not use the Service and may not accept this Terms of Use if i) User has previously been informed by NORTHDREAMER that it no longer wishes to make the Services available to User, or ii) User is a person barred from using the Services under applicable law, or iii) User is not an Authorized User.
3. Eligibility.
3.1. Use of the Web Site and Services is limited to (‘’Authorized Users’’) whom are eighteen (18) years of age or older and/or have legal capacity to form a binding contract or, as set forth below, Authorized Users who are under 18 years of age with consent of a parent or guardian.
3.2. If User has not reached the age of majority in User’s jurisdiction of residence, User may not use the Web Site except with the supervision and permission of a parent or legal guardian.
4. Scope of Services.
4.1. NORTHDREAMER is solely and exclusively obliged to carry out the application for a tax number (hereinafter referred to as the “Application”), to prepare all information and documents required for the Application, to request and notify the missing information and documents in cases where the tax authority notifies that the information and documents required to be submitted by the Client for the Application are missing, and to check the compliance of this and the digital information and documents provided by the Client with the application for a tax number.
4.2. NORTHDREAMER is obliged to establish a convenient intangible environment on the Website where Clients can transmit, upload and share all records, drafts, documents, information and other written, visual or audio documents required for their Applications for the collection of Application documents.
4.3. NORTHDREAMER, as the data controller, declares that it has taken all necessary measures and precautions to ensure the security of all kinds of information, documents, writings, written or visual or audio-visual formats that the Clients will complete and transmit and upload to the system, and hereby accepts and declares that it will continue to take the measures and precautions specified in the Privacy Policy. NORTHDREAMER undertakes that it is solely responsible for taking such measures and precautions. NORTHDREAMER does not guarantee absolute security and software security that the records, information and documents uploaded by the Client will not be intercepted, leaked, destroyed, altered or lost by malicious attempts of third parties.
4.4. NORTHDREAMER is obliged to inform the Client about the results of the Application and the situations notified and notified by the tax authorities and IRS. The service provided by NORTHDREAMER cannot be considered as legal counseling in any way.
4.5. NORTHDREAMER is obliged to use the non-exclusive license rights and permissions granted by the Client for the Application in accordance with the law and not to exceed this authority and not to transfer these powers and rights to third party companies that do not have the aforementioned titles.
4.6. NORTHDREAMER shall in no way be liable to pay the IRS’s service tariffs for the Application or any fees or taxes and financial expenses. NORTHDREAMER shall in no way be jointly and severally liable with the Client for the costs and expenses of the Application. The Client shall be solely responsible for all costs, expenses and taxes arising from the Application.
4.7. NORTHDREAMER reserves the right not to submit the Application, not to use the representation powers agreed herein Article 9 in this Agreement, and the right to refrain from performing all other obligations stipulated in the Agreement for just cause, without any liability and reserves the right to take all contractual and default interest receivables, until NORTHDREAMER has received the fee (”Service Fee”) in full and in advance. NORTHDREAMER is not obliged to submit an application if it finds that the Client’s signature is missing on the form submitted by the Client and may at any time refrain from performing the obligations and burdens agreed in the Contract for this cause.
4.8. NORTHDREAMER reserves the right to withdraw all work, transactions and services performed by the Client, to withdraw the Application and to withdraw the Application documents, as well as the right to request interest and compensation in the event of an unjustified chargeback by the Client after the Client has submitted the Application or if the bank cancels or withdraws the payment for any reason whatsoever, or if it is determined that the payment has been sent in a delayed (revocable at any time) manner. In this case, if the Client’s chargeback is found to be unjust, the Client shall be subject to a penalty in the amount of the Service Fee.
4.9. NORTHDREAMER hereby declares and informs the Client that it has no rights and claims in respect of the fee received by the Virtual Pos Integration systems (”PayPal”) and that this commission fee belongs solely and exclusively to PayPal.
4.10. NORTHDREAMER agrees to comply with all additional document and information requests of the tax authorities such as IRS, regardless of the reason, such as i) determination of incomplete document status, forgery, invalidity, absence of the document, ii)the determination of the signature belonging to a third party, iii) the signatory is unauthorized or not entitled, iv)the document is issued by units in countries not recognized by the United States, NORTHDREAMER shall have the right to request the Client to provide additional information and documents in accordance with the request of the tax authorities or IRS, and NORTHDREAMER shall not be held liable for any damages and losses if such request is not fulfilled by the Client in a timely and appropriate manner.
4.11. NORTHDREAMER has the right to update the parts of the form that must be filled in and the information and documents requested from the Client in accordance with the changes in the State of Wyoming legislation and Federal Laws, and to request new information and documents. NORTHDREAMER shall not be held liable for any damages and losses if this request is not fulfilled by the Client in a timely and appropriate manner.
4.12. NORTHDREAMER is obliged and liable to compile and prepare all information and documents uploaded by the Client through the Website and all kinds of data in the form of personal data in accordance with the Application and in compliance with official formalities. NORTHDREAMER is authorized to store these information and documents in the storage areas it currently uses, archive them, record them, make copies when necessary, resend them upon request of the IRS and share them with the relevant official authorities.
4.13. NORTHDREAMER is obliged to send all information and documents shared, transmitted, uploaded by the Client for the Application to the IRS with due care and attention, within the agreed period, if any. On the other hand, NORTHDREAMER in no way guarantees and warrants that the IRS will examine and conclude the information, documents and papers subject to the Application within the legal period, that the IRS will not request additional information and documents or that situations requiring renewal of the application will not occur.
4.14. NORTHDREAMER does not guarantee and undertake that, although the information and documents have been submitted and uploaded to the system by the Client in accordance with this Agreement; i) late Application, ii) incorrect compilation of the information and documents submitted by the Client or uploaded to the system, iii) There may be missing information and documents that will affect the result of the Application are lost by NORTHDREAMER, iv) NORTHDREAMER gives incorrect advice or guidance to the Client. In all these cases NORTHDREAMER shall only be liable if it has acted intentionally or merely with gross negligence. The provisions of Articles 12 and 13 regarding NORTHDREAMER’s liability are reserved.
4.15. NORTHDREAMER is not, in any way, obliged to provide the Client with information and documents that the Client is required to obtain for such Application. NORTHDREAMER, by acting on the Client’s behalf, is not obliged to i) apply for the documents from official institutions and organizations, ii) contact and apply to institutions and units of foreign countries outside the United States in order to obtain the documents, iii) file a lawsuit in USA or in foreign countries order to identify or obtain such information and documents, iv) take actions that exceed the powers and rights of NORTHDREAMER stipulated in this Agreement. NORTHDREAMER shall in no way be forced to perform the aforementioned acts and actions.
4.16. Due to routine maintenance, updates or technical reasons, the Web Site and the Services may be temporarily unavailable from time to time. NORTHDREAMER assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any material submitted by Client or any User. NORTHDREAMER is not responsible for any technical malfunction in any means or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Web Site or combination thereof, including injury or damage to any Authorized User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web Site and/or in connection with the Services. Client is obliged to maintain appropriate electronic devices and to be in constant communication with NORTHDREAMER throughout the Service processs.
5. Responsibilities of Client.
5.1. The records, files, details, informations and documents uploaded for the application must be sent in full and as requested by NORTHDREAMER and must be specified in the form. In this regard, the relevant image quality, pixel and image settings, signature authenticity, color frequencies must be appropriate so that the document can be visible and appropriate for use. The Client is liable for any delay and any damage and loss incurred due to violation of this article. The form must be filled in with appropriate and correct information, including the Client’s real details and datas.
5.2. The Client acknowledges and agrees that the tax authorities and the IRS may at any time demand from the Client or NORTHDREAMER additional documents or to have a document re-certified or submitted for approval to a specific official authority or to file a lawsuit on the authenticity of the document.
5.3. NORTHDREAMER is not obliged to inspect any details, records, information and documents uploaded or transmitted or shared by the Client, following the order for i) accuracy, forgery, signature, ii) determination of ownership or iii)determination of right of use and iv)copyright disputes, NORTHDREAMER is not obliged to report them to the relevant authorities, the Client is exclusively responsible for sharing such relevant records, details, information and documents, the Client is aware of this responsibility and accepts and declares that the ownership of all information and documents uploaded to the system belongs solely to him/her and that he/she will immediately notify NORTHDREAMER of any contrary situations that have occurred before or will occur afterwards.
5.4. The Client is obliged to take the necessary measures and precautions to ensure that all kinds of information and documents transmitted, displayed, uploaded, posted, published, records, drafts, pages, written or audio-visual information and documents on the Website are free of viruses. The Client shall bear all damages and losses caused by viruses and malicious third party software in the Client’s documents. The Client shall be solely and exclusively and irrevocably liable for all damages, losses, loss of profit, loss of reputation, loss of credibility, delays, etc. suffered by NORTHDREAMER or third parties due to the activities of all malicious software, programs and actions such as viruses, trojan horses, worms, wolf, mouse-trap attempts, time-bombs, etc. found in the Client’s documents.
5.5. The Client acknowledges and accepts that he/she is obliged to upload the relevant information and documents in the requested formats, and accepts and declares that NORTHDREAMER is not responsible for the loss and damage incurred during the conversion of the existing file to this requested format. NORTHDREAMER declares that it is not obliged to provide any service for the conversion of records, documents, images or drafts into other formats.
5.6. The Client acknowledges and declares that he/she is the owner of the signature on the relevant information and documents, that he/she is the authorized person to sign the signature on the documents and that his/her signature is the original signature. The Client acknowledges and agrees that if the Client is authorized to sign jointly with its partners, the signature of the other partner must also appear on the relevant document.
5.7. The Client acknowledges and agrees that the Client shall not apply or may be late for application of a tax number (”EIN’’ or ‘’ITIN”) in the event of late submission of the requested information and documents or inaction, and if the Client has already applied for EIN or ITIN or such application, the Client shall be solely liable for all damages and losses in the event of delay, disruption or breakdown in communication.
5.8. The Client agrees and declares that he/she shall not assign and transfer his/her rights and receivables arising from this Agreement to third parties without the written consent of NORTHDREAMER.
5.9. In any case, the Client is obliged not to delay or interrupt the service provided by NORTHDREAMER, not to interrupt the process, not to refuse the provision of the service, and to fulfill the requests of NORTHDREAMER in accordance with the law and this Agreement immediately upon first notification.
5.10. The Client acknowledges that if he/she applies for the services on his/her own initiative, this application may be rejected and this shall not relieve him/her from the obligations and responsibilities agreed upon in the Agreement. If the Client, without prior written notice sent to NORTHDREAM, takes the listed actions, hereby accepts, undertakes and declares that he/she bears all responsibility and risks for i) the submission of information and documents to the IRS, ii) notifications made to the IRS or official authorities, iii) notifications sent to third parties, iv) requests for information and documents from third real and legal entities or public institutions and organizations, v) applications to official authorities for the approval, finalization or certification of existing information and documents.
5.11. The Client is responsible for the information and documents that the Client deletes or anonymizes at its own discretion on the Website. The Client shall be held responsible for not disclosing information, documents and papers that NORTHDREAMER has notified as necessary for the Application or requested by the IRS by way of notification.
5.12. The Client acknowledges, declares and undertakes that the following information, documents and papers are at least mandatory for the Application, and agrees, declares and undertakes that he/she shall immediately forward them to NORTHDREAMER via the Website or e-mail as soon as possible following the registration of his/her order:
i) US Company Formation Documents: such as Articles of Organization, Certificate of Formation, etc.
ii) US Company Ownership/Membership Documents: such as Initial Resolutions, Statement of Organizer, Statement of Authorized Person, Resignation of Organizer, etc.
iii) US EIN Document (147 C or CP575)
iv)Passport Scan Copy
v)Full home country address
vi)Email
vii)Phone number
6. Payment.
6.1. The Client is obliged to pay the Service Fee subject to the order in advance, in full and in lump sum via credit card or other payment method of its choice in the amount corresponding to the exchange rate of the country of its choice.
6.2. In the event that it is determined that the Service Fee has not been paid in full or in the event of termination of this Agreement or termination for any reason before the end of the installments in case of installment payment, NORTHDREAMER reserves the right to claim default interest and the highest annual advance interest for the unpaid portion from the date of the order. In case NORTHDREAMER updates its price policy within this period, it reserves the right to demand the difference.
6.3. The Client is obliged not to pay with stolen, canceled, blocked or lost credit cards. In case of detection of this situation, NORTHDREAMER reserves the right to terminate this Agreement for just cause and to suspend the Client from the Website services for an indefinite period, to expel the Client from the Website, to immediately destroy or anonymize all information and documents in its possession.
6.4. The Client accepts, declares and undertakes that in case of default in the payment of one installment if the installment payment method is preferred, all other installments shall automatically become due and payable without any notice from NORTHDREAMER and that all remaining installments may be demanded by NORTHDREAMER and that the Client shall immediately and completely pay the balance Service Fee corresponding to the remaining installments to NORTHDREAMER upon first demand.
6.5. In relation to the processing of such credit card payments, NORTHDREAMER shall not store any personal or financial information such as credit card numbers. However, all such information shall be shared directly with NORTHDREAMER’s third party provider PayPal.
6.6. The Client hereby acknowledges and agrees that in cases where all his/her other obligations, including the payment of the Service Fee agreed upon in this Agreement, are due at due data. Due dates agreed on this Agreement are the final due date. The Client acknowledges, declares and undertakes that it shall perform its obligations which are not bound to a date, upon the first notification or request of NORTHDREAMER, and in the event that the performance is not deemed as required and in accordance with the Agreement upon the first notification, a second notification is not required, in which case the Client shall automatically be in default, in such case NORTHDREAMER shall have the right to terminate this Agreement for just cause.
7. License by NORTHDREAMER.
7.1. NORTHDREAMER hereby grants Client a non-transferable, non-exclusive license to use and access the Services and Web Site, solely for non-commercial use. NORTHDREAMER declares that it has the right to use and right to possess all software and modules accessible, viewable and usable on the Website.
8. Ownership.
8.1. The Client accepts, declares and undertakes that he/she is the sole owner of all kinds of information, documents and records that he/she uploads, transmits, shares, publishes on the Website, sends to NORTHDREAMER, and that all such information, documents and records belong to him/her or his/her own entity.
9. License by Client.
9.1. The Client grants NORTHDREAMER, its affiliates, subsidiaries and ancillary service providers a license on all information, records, details and documents uploaded, transmitted or shared on the Web Site, which is consisted of the privileges following;
i) Using
ii) Replication, Duplication
iii) Copying
iv) Making a transcription
v) Handing over to tax authorities and officials,
vi) Monitoring
vii) Reviewing application eligibility
viii) Transfering and transmitting
ix) Storing, retention and archiving
The Client acknowledges, accepts, declares and undertakes that these authorizations are covered by a non-exclusive, royalty-free, perpetual, worldwide, irrevocable license right.
9.2. Some or all of the authorizations and rights granted under this license may be revoked by the Client at any time with the Client’s consent. In cases where these authorizations and rights are revoked, NORTHDREAMER reserves the right to terminate this Agreement immediately, for just cause, without any liability and without notice. In the event of this justified termination, no refund shall be made to the Client.
9.3. In the event that the Agreement is terminated by the Client for any cause, the rights and authorizations granted to NORTHDREAMER, its affiliates, subsidiaries and ancillary service providers as listed above shall automatically terminate upon delivery of the notice of termination of the Agreement to NORTHDREAMER.
9.4. NORTHDREAMER shall not be held liable for any activities and actions carried out in good faith, with care and diligence, limited to the purpose of performing the operations, transactions and actions required for the Application by using the license rights and authorizations listed above.
10. Force Majeure.
10.1. The parties shall not hold each other liable in the event of force majeure (‘’Force Majeure’’) that makes it impossible for the parties to fulfill their obligations and that develops beyond the will or fault of the parties. Force majeure events include, but are not limited to; i) Natural disasters (fire, earthquake, flood, natural explosion,), ii) War, collision, declaration of war, blockade, embargo, iii) Acts of terrorism, rebellion, civil uprising, civil war, iv) National emergency, strike, lockout, etc.) Slowdown of Internet access at global or national level, narrowing of bandwidths, signal shifts and redirections, vi) Large-scale power outages, disruption of communication lines, vii) Declaration of state of emergency, martial law, etc., viii) Epidemic/Pandemic ix) The performance of the act subject to the contract becomes de facto or de jure impossible as a result of the legal regulations introduced by the legislator, x) Actions or events that are beyond the reasonable control of the affected party and that absolutely prevent the performance of this contract, whether of the same class or type or not, such as, but not limited to, interruptions or malfunctions that may occur in telecommunication or digital transmission lines, malicious network attacks (bruteforce, time-bomb, mouse-trapping, etc.,), high network density or other malfunctions, as well as causes beyond the control of the parties or unforeseen by the parties.
10.2. In the event of any unforeseen event and force majeure that develops beyond the will of the Parties and makes it impossible for NORTHDREAMER to perform its obligations as described above, the Parties shall suspend their mutual obligations for 15 (fifteen) days from the date of the occurrence of the event. The parties shall not be responsible for the obligations not fulfilled until the end of the period. If it is understood that the force majeure or unexpected event does not disappear at the end of the period, each party shall have the right to terminate this Agreement prospectively without liability and without notice. If the unforeseen event or force majeure is due to the fault of one of the parties, this situation shall be considered as a just cause for the other party to terminate the contract. In any case, termination of the Agreement due to Force Majeure or unexpected event shall not lead to refund of the Service Fee.
11. Copyright Infringement.
11.1. In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”) Any notifications of claimed copyright infringement must be sent to the email [email protected]
11.2. If you believe that your work has been copied by a third party and posted to the Web Site at any means and in a way that constitutes copyright infringement, please provide NORTHDREAMER the following information:
i)An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
ii)A description of the copyrighted work that You claim has been infringed;
iii)A description of where the material that You claim is infringing is located on the Web Site;
iv)Your address, telephone number, and email address;
v) A statement by you, that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
vii) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
11.3. If You materially misrepresent material on the Web Site as infringing, when it is not, or when you are not the lawful copyright holder, you may be liable for damages, including court costs and attorneys fees.
11.4. You hereby acknowledge that the DMCA notice does not cover a circumstance in which a material or document you submitted has been archived on the Web Site. You agree not to submit a DMCA notice claiming direct infringement by NORTHDREAMER. NORTHDREAMER will not respond to such notices.
12. Privacy.
12.1 NORTHDREAMER shall not obtain the right to commercially use the concepts or ideas set forth in documents submitted to the site. No NORTHDREAMER employees, representatives, affiliates or other connected persons use the content of submitted materials and documents for any reason other than those the NORTHDREAMER’s legimitate interests. Unless otherwise indicated in the Web Site, including our Privacy Policy, any material of any kind that Client e-mail, post, or transmit through the Web Site, will be treated as non-confidential. Client grants NORTHDREAMER a non-exclusive, royalty-free, perpetual, worldwide, irrevocable license to reproduce, transmit, display, disclose, archive Client’s submitted materials and documents on the Web Site or otherwise for our business purposes excluding commercial purposes.
13. Warranty Disclaimer.
13.1. IN NO EVENT SHALL NORTHDREAMER OR NORTHDREAMER AFFILIATES NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES AND THIRD-PARTY COSTS, ARISING OUT OF THE PROVISION OF FALSE OR INCOMPLETE DATA OR ANY DELAYS IN THE PROVISION OF DATA BY THE CUSTOMER OR BY ANY OF THE TAX AUTHORITIES WITH WHOM NORTHDREAMER IS IN CONTACT ON BEHALF OF THE CLIENT. IF THE CLIENT INDEPENDENTLY AND WITHOUT CONSULTATION WITH NORTHDREAMER CONTACTS THE TAX AUTHORITY TO DISCUSS İN PARTICULAR BUT NOT EXCLUSIVELY PENALTIES OR OTHER RESTRICTIONS WHICH ARE SUITABLE TO LIMIT NORTHDREAMER IN THE EXERCISE OF THE CONTRACTUALLY ASSURED SERVICE, THE CLIENT BEARS THE UNDIVIDED RISK OF ALL ADDITIONAL FEES AND COSTS FROM THE CORRESPONDING POINT IN TIME.
13.2. 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. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES 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 OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
13.3. As a service provider, NORTHDREAMER bears no responsibility for the data and data components made available via third-party integrations or through any manual upload by the customer. Should the received data be partially or completely incorrect or incomplete, NORTHDREAMER reserves the right to compile or alter the format of them in the interest of the customer in order to be able to guarantee timely tax filings. Should a registration of the available data be impossible at the Client’s discretion, NORTHDREAMER reserves the right to postpone the Service until a complete data record is available. Client The customer shall cover the costs for changes and additions to his data in accordance with the current list of costs and services.When the service is performed, a corresponding invoice is created automatically and the customer’s primary source of payment is debited with the invoice amount NORTHDREAMER gives no guarantee nor accepts no liability for data from integrations of third parties or any related liability issues arising by incomplete or incorrect data.
14. Limitation of Liability.
14.1. IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
15. Sole Remedies.
15.1. WITHOUT LIMITING ANY OTHER PROVISION OF THIS TERMS OF USE, IF YOU ARE A CLIENT, NORTHDREAMER AND ITS AFFILIATES’ AND LICENSORS’ TOTAL CUMULATIVE LIABILITY ARISING UNDER OR RELATED TO THIS TERMS OF USE AGREEMENT, THE WEB SITE AND THE SERVICES, WHETHER IN CONTRACT, TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNTS, IF ANY, PAID TO NORTHDREAMER BY YOU FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVEN RISE TO LIABILITY.
15.2. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN THOSE JURISDICTIONS NORTHDREAMER’S LIABILITY UNDER THIS TERMS OF USE AGREEMENT SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. ALSO CERTAIN SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL YOU BE ENTITLED TO INJUNCTIVE RELIEF WITH REGARD TO THE USE OR ARCHIVING OF ANY DOCUMENT OR MATERIAL SUBMITTED TO THE WEB SITE OR SENT TO NORTHDREAMER.
16. Indemnification.
16.1. To the extent allowed by applicable law, Client agrees to indemnify, defend and hold harmless, NORTHDREAMER, its affiliates, employees, agents, service providers and licensors, from any claims, losses, damages, deficiencies, liabilities, costs and expenses (including attorneys’ fees and costs) arising from Client’s: i) use of the Site or the Services, ii) violation of any third party’s rights, including intellectual property rights and privacy, iii) breach of applicable law, or iv) breach of this Terms of Use. For clarity, this indemnification applies both to direct claims between Client and NORTHDREAMER and third-party claims. Client agrees to cooperate as reasonably required in the defense of any claim.
16.2. NORTHDREAMER reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification under this section and, in any event, Client agree not to settle any such matter without the prior written consent of NORTHDREAMER. Client’s obligation to defend and indemnify NORTHDREAMER survives the termination of this Terms of Use and Client’s use of the Web Site.
17. Modification of the Terms of Use.
17.1. NORTHDREAMER, reserves the right to change the terms, conditions, and notices under which the Web Site is offered from time to time and without prior notice. Existing orders shall not be subject to unilaterally changed provisions without the express consent of the Client.
18. General Provisions.
18.1. This agreement is assignable by NORTHDREAMER, including in connection with the sale of its business or reorganization or reincorporation. You may not assign or transfer the agreement without the prior permission of NORTHDREAMER, including in connection with a change of control. You agree that no joint venture, partnership, employment or agency relationship exists between You and NORTHDREAMER LLC as a result of this Terms of Use Agreement or use of the Web Site or the Services.
18.2. NORTHDREAMER’s performance of this Terms of Use Agreement is subject to existing laws and legal process, and nothing contained in this Terms of Use Agreement is in derogation of NORTHDREAMER’s right to comply with law enforcement requests or requirements relating to Your use of the Web Site or the Services or information provided to or gathered by NORTHDREAMER’s with respect to such use.
18.3. Client agrees that NORTHDREAMER may provide with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
18.4. If any part of this Terms of Use Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision; the remainder of the Terms of Use Agreement shall continue in effect. You agree that if NORTHDREAMER does not exercise or enforce any legal right or remedy which is contained in this Terms of Use Agreement (or which NORTHDREAMER has the benefit of under any applicable law), this will not be taken to be a formal waiver of NORTHDREAMER’s rights and that those rights or remedies will still be available to NORTHDREAMER.
18.5. The Web Site is controlled by NORTHDREAMER from its offices within the State of Wyoming, United States of America and the materials and documents and personal data and any other information Client submits to NORTHDREAMER may be submitted to and may be stored on its servers located in the United States. NORTHDREAMER makes no representation that materials in the Site are appropriate or available for use outside of the United States. Those who choose to access the Web Site from other locations do so on their own initiative and at their own risk and are responsible for compliance with applicable laws.
18.6. NORTHDREAMER LLC and other names of NORTHDREAMER and/or Services included on the Site are the trademarks and service marks of NORTHDREAMER. NORTHDREAMER’s trademarks and service marks may not be used in connection with any product or service that is not NORTHDREAMER’s, in any manner that is likely to cause confusion among customers without express written permission. All other trademarks, service marks and logos used in the Web Site are the trademarks, service marks or logos of their respective owners. NORTHDREAMER does not make any claims to the marks of others which might appear on the Web Site. Client gains no right to use any marks of NORTHDREAMER or any other entity by virtue of Client’s use of the Web Site.
18.7. The Web Site may contain hyperlinks to third party Web Sites. External hyperlinks to or from the Web Site do not constitute NORTHDREAMER’s endorsement of, affiliation with, or recommendation of any third party or its Web Site, products, resources or other information. NORTHDREAMER is not responsible for any software, data or other information available from any third party Web Site. User is solely responsible for complying with all terms and conditions of use for the third party sites. User acknowledges that NORTHDREAMER shall have no liability for any damage or loss arising from User’s access to, use of or reliance on any third party Web site, software, data, or other information.
19. Notifications.
19.1. In addition to legal notification channels, NORTHDREAMER may send notifications, notices and warnings to the User under this Agreement to the User via electronic communication channels (e-mail, etc.). Notifications made in this way shall have all the consequences of a valid notification. Notifications to be made to the e-mail addresses and residence addresses that the User has shared with NORTHDREAMER or notified when filling out the Website application form shall also have the same valid results. NORTHDREAMER has no obligation to investigate the e-mail addresses and residence addresses of the User used continuously and continuously. In the event of a change of these addresses, the User is obliged to notify NORTHDREAMER of this change in a reasonable time in the manner specified above.
20. Exclusive Jurisdiction.
20.1. This Terms of Use Agreement is governed by the laws of the State of Wyoming, U.S.A. User or Client hereby consents to the exclusive jurisdiction and venue of state and federal courts in Wyoming, U.S.A., in all disputes arising out of or relating to the use of the Web Site or the Services. User or Client agrees not to use the Web Site in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this article.
21. Execution of the Contract.
21.1. The Terms of Use Agreement shall be deemed to be established and enter into force between parties at the same time as the User expressly accepts this Agreement or is deemed to have accepted it in accordance with the clauses set out in the Agreement (e.g. viewing the Services, using the Services, creating an order, etc.).
