- I understand and agree that Easy IRA LLC (Easy IRA) is not a law firm or an attorney and may not perform services performed by an attorney. I understand that Easy IRA LLC is providing me with a form operating agreement for my IRA LLC which is not a substitute for the advice or services of an attorney. If I have not employed an attorney to review the LLC operating agreement as recommended by Easy IRA LLC, I am representing myself in this legal matter. No attorney-client relationship or privilege is created with Easy IRA LLC.
- If, prior to my purchase of the IRA operating agreement and other services provided by Easy IRA LLC I believe that Easy IRA gave me any legal advice, opinion or recommendation about my legal rights or strategies, I will not proceed with my purchase, and any purchase that I do make will be null and void.
- I understand that these Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to me in the event of a dispute as described in the Arbitration Agreement, contained in Paragraph 9 of these Terms of Service.
- I UNDERSTAND THAT THE EASY IRA REVIEW OF MY INFORMATION FOR THE IRA LLC OPERATING AGREEMENT IS LIMITED TO COMPLETENESS, SPELLING, AND FOR INTERNAL CONSISTENCY OF NAMES, ADDRESSES, AND THE LIKE. I WILL READ THE FINAL LLC OPERATING AGREEMENT BEFORE SIGNING IT AND AGREE TO BE SOLELY RESPONSIBLE FOR THE FINAL DOCUMENT.
- Accuracy of Information. To the best of my knowledge, I have provided accurate information to Easy IRA.
- Electronic Signatures and Documents. I understand that in agreeing to these Terms of Service, I acknowledge that I have read and agree to the Consent to Electronic Signatures and Documents, which are incorporated herein by reference.
- Limitation of Liability and Indemnification. EXCEPT AS PROHIBITED BY LAW, I WILL HOLD EASY IRA LLC AND ITS OFFICERS, EMPLOYEES, OWNERS AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY ME OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF EASY IRA LLC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF EASY IRA LLC, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO ME.
- Third Party Services. I understand that the Easy IRA LLC checkbook IRA product includes the services of Solera National Bank, and that I am separately bound by their terms set forth in the IRA Adoption Agreement. I HEREBY HOLD EASY IRA LLC HARMLESS FOR ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AS PART OF THE ADMINISTRATIVE AND CUSTODIAL SERVICES OFFERED BY SOLERA NATIONAL BANK. EASY IRA LLC IS NOT LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES PROVIDED BY SOLERA NATIONAL BANK.
- DISPUTE RESOLUTION BY BINDING ARBITRATION.
Please read this carefully. It affects your rights.
Summary
Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling us at 623-292-6810. In the unlikely event that we have unable to resolve your complaint to your satisfaction (or if Easy IRA LLC has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.
You should speak with independent counsel before completing any purchase.
Arbitration Agreement
Easy IRA LLC and you shall attempt (in good faith) to resolve by negotiation any and all claims and disputes arising under or relating to this Agreement. In the event that you and Easy IRA LLC (including any agent, successor, or assign of the other) are unable to resolve their claim or dispute by negotiation, any claim or dispute arising out of or relating to this Agreement or the breach, termination, interpretation or validity thereof (except issues relating to this arbitration provisions as specified below) of the scope or applicability of this Agreement to arbitrate, shall be resolved by individual arbitration before a sole arbitrator, in the state of Arizona, County of Maricopa. The arbitration will be administered by Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its Comprehensive Arbitration Rules and Procedures. Claims and Disputes will not be resolved in any other forum or venue unless JAMS is unwilling or unable to perform such service. In such case, Easy IRA LLC shall determine an alternative provider and all other provisions of this section shall apply. All issues are for the arbitrator to decide, except that issues relating to arbitrability and the scope or enforceability of this agreement to arbitrate which shall be for a court of competent jurisdiction to decide.
You and Easy IRA LLC agree that any such arbitration proceeding will be conducted by a retired judge who is experienced in dispute resolution. Pre-arbitration discovery will be limited to the greatest extent provided by the rules of JAMS including its Optional Expedited Arbitration Procedures and any arbitration award will not include factual findings or conclusions of law. No consequential or punitive damages will be awarded, and the arbitrator shall have no power or authority to render any award or issue any order at any time except as permitted in this Agreement. Notwithstanding any other rules, no arbitration proceeding brought against Easy IRA LLC will be consolidated with any other arbitration proceeding without Easy IRA LLC’s consent. The arbitrator shall award reasonable attorneys’ fees and expenses, including the expense of the arbitration, to the prevailing party. You agree that you may only bring claims and disputes to arbitration only in your individual capacity and not as a plaintiff or class member in any purported class or representative arbitration. The prevailing party in any judicial motion to compel arbitration or confirm an arbitration award rendered pursuant to this paragraph shall be entitled to reimbursement of its reasonable attorneys’ fees and expenses from the non-moving party. Arbitration is final and binding on you and us. You and Easy IRA LLC agree to waive rights to seek remedies in court, including the right to jury trial. You and Easy IRA LLC agree that any such proceedings shall be treated as confidential and shall not be disclosed to anyone else, except as may be necessary to effectuate the ruling of the arbitrator.
Payment of all filing, administration, and arbitrator fees will be governed by the JAMS’ rules, unless otherwise stated below. The prevailing party in the arbitration will be entitled to reimbursement of all fees associated with the arbitration paid for by the prevailing party.
You can choose to reject this binding agreement to arbitrate by mailing Easy IRA LLC a written opt-out notice. The opt-out notice must be postmarked no later than 30 days after the date you make your first payment to Easy IRA LLC. You must mail the opt-out notice to Easy IRA LLC, Attn: Litigation Department, 7942 West Bell Rd C5 144, Glendale, AZ 85308 . This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of the Agreement will continue to apply.
I understand that these terms affect my legal rights and obligations. If I do not agree to be bound by all of these terms, I will not use the Easy IRA LLC service. By proceeding with my purchase, I agree to these Terms of Service.