HatchEcom

Terms of Service

  1. I understand and agree that HatchEcom is not a law firm, an accountant or an attorney, may not perform services performed by a lawyer, an accountant or an attorney, and its services are not a substitute for the advice or services of a lawyer, an accountant or an attorney. Rather, I am representing myself in this legal matter. No attorney-client relationship or privilege is created with HatchEcom.
  2. 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 it also limits the remedies available to me in the event of a dispute as described in the HatchEcom Arbitration Agreement, contained in Paragraph 12 of these Terms of Service.
  3. Accuracy of Information and Third-Party Consent. To the best of my knowledge, I have provided accurate information to HatchEcom and have obtained all third-party consents needed to share business information and access to my business platforms, software applications or management solutions.
  4. Non-English-Speaking Customers.I understand that certain materials on the HatchEcom site, including but not limited to questionnaires, documents, instructions, and filings, are only available in English.  Non-English translations of these Terms, as well as other terms, conditions, and policies, are provided for convenience only.  In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.  
  5. Limitation of Liability and Indemnification.EXCEPT AS PROHIBITED BY LAW, I WILL HOLD HATCHECOM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, 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 HATCHECOM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF HATCHECOM, 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. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.
  6. Terms of Use.I understand that the Site’s general terms of use (the “Terms of Use”) also apply to these Terms of Service and in agreeing to these Terms of Service, I acknowledge that I have read and agree to those Terms of Use, which are incorporated herein by reference.
  7. Additional HatchEcom Terms.I understand that my purchase may be subject to additional terms and conditions. I understand that HatchEcom Services, are subject to the Supplemental Terms of Service for Registered Agent Services, legal plans are subject to the Legal Plan Contract, and subscription and third-party services are subject to the Supplemental Terms of Service for Subscriptions and Third-Party Services. If applicable, I acknowledge that I have read and agree to the supplemental terms, which are incorporated herein by reference.
  8. Third Party Services. If I purchased a product that involves third party services, I understand that I may be required to accept additional terms located on the third party’s site. The third party may contact me by email and/or phone with instructions on how to access my benefits. HATCHECOM HEREBY DISCLAIMS LIABILITY FOR ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AS PART OF ANY THIRD PARTY SERVICES. HATCHECOM IS NOT LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT THOSE SITES. A THIRD PARTY MAY HAVE A PRIVACY POLICY DIFFERENT FROM THAT OF HATCHECOM AND THE THIRD PARTY WEBSITE MAY PROVIDE LESS SECURITY THAN THE HATCHECOM SITE.
  9. Future Products and Services.If I choose to add a product or service to my order subsequent to this initial purchase, these Terms of Service will apply to that additional product or service purchase as well.
  10. Exchanges.I understand that I may request an exchange of one product for a different product and complete a replacement order within 30 days of my purchase. The purchase price of the original item, less the accrued days in the month, any filing fees, taxes or other third-party costs, will be credited to my HatchEcom account. Any price difference between the original order and the replacement order or, if a replacement order is not completed within 30 days of purchase, the full original purchase price (in each case less the accrued days in the month, any filing fees, taxes or other third-party costs) will be credited to my original form of payment.
  11. Suspended Accounts. If HatchEcom encounters evidence of suspicious activity in connection with my account, including, but not limited to, evidence that my account is being used by someone who is not authorized to do so, I acknowledge that HatchEcom, in its sole discretion, may opt to temporarily disable my account for a reasonable amount of time in order to investigate. In the event that HatchEcom disables my account, I understand that, absent a subpoena or court order, no information about my account will be provided to anyone outside HatchEcom, including me or any authorized contact, until the investigation is complete. Additionally, I understand that HatchEcom, in its sole discretion, may decide not to send any documents associated with my account to me or file any such documents with any government authority, while my account is disabled. I acknowledge that HatchEcom will not be liable for any delays caused by these policies and procedures.
  12. 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 our Customer Care Center Team. In the unlikely event that the HatchEcom Customer Care Center is unable to resolve your complaint to your satisfaction (or if HatchEcom 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 or in small claims court rather than in a court of general jurisdiction. 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 may speak with independent counsel before using this Site or completing any purchase. 

Arbitration Agreement:

(a) HatchEcom and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:

  • claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
  • claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising);
  • claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
  • claims that may arise after the termination of these Terms.

For the purposes of this Arbitration Agreement, references to “HatchEcom,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, employers, business partners, shareholders, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us. Beneficiaries include, but are not limited to, those named in an estate planning document.

Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and HatchEcom are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.

(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to HatchEcom should be addressed to: Notice of Dispute, General Counsel, HatchEcom.com, Inc., 4996 SW 162nd Ave, Miramar FL, 33027 (the “Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If HatchEcom and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or HatchEcom may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by HatchEcom or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or HatchEcom is entitled.

You may download or copy a form Notice from http://www.HatchEcom.com/arbitration-forms.pdf.

You may download or copy a form to initiate arbitration from the American Arbitration Association (“the AAA”) website at www.adr.org.

All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide.  Unless HatchEcom and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your contact address. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which HatchEcom was a party.

If HatchEcom did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney’s fees, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney’s fees at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. In assessing whether an award that includes attorney’s fees or expenses is greater than the value of HatchEcom’s last written settlement offer, the arbitrator shall include in his or her calculations only the value of any attorney’s fees or expenses you reasonably incurred in connection with the arbitration proceeding before HatchEcom’s settlement offer.

(c) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND HATCHECOM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and HatchEcom agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers.  Neither you nor we may seek non-individualized relief that would affect other customers.  If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

(d) Notwithstanding any provision in the applicable Terms to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to any notice address, website link or telephone number provided herein), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.

  1. Hatch Packages (Subscription).

(a) Qualification. The HatchEcom Hatch Packages (the “Subscription Plan”) is available starting at $99/month. 

(b) Billing. By opting into the Subscription Plan, I am agreeing to make an initial payment (the “Initial subscription Payment”) immediately when I place my order or change my payment plan. I hereby authorize HatchEcom to charge my credit card each month. Each payment will be of the same amount.

(c) Default. If my credit card is declined HatchEcom may make multiple attempts to bill that card.  If I remain in default on any payment, I authorize HatchEcom to charge both the due month and the upcoming month amounts to my credit card. If three attempts to charge my card are unsuccessful and my account balance remains unpaid, I understand that HatchEcom may report information about my account to credit bureaus, and that late payments, missed payments, and other defaults may be reflected in my credit report. I understand that HatchEcom may restrict my ability to purchase other HatchEcom products if I am delinquent on any payment. I understand that HatchEcom may make efforts to collect a delinquent payment. I understand that if I believe HatchEcom has reported inaccurate information to a consumer reporting agency, I may call the HatchEcom Customer Care Center Team and HatchEcom will investigate the matter. I understand that HatchEcom may accept late or partial payments, as well as payments that reflect “paid in full” or other restrictive endorsements, without limiting any of its rights under these Terms of Service.

(d) Store Credit. I understand that if I have a HatchEcom store credit, the amount of that store credit will be deducted from my subscription. If I want to apply a store credit issued after my enrollment in the Subscription Plan, I may do so by calling the HatchEcom Customer Care Center Team.

(e) Notice of Automatic Billing. HatchEcom may send a reminder email to the email address of record for my account before my Subscription Billing Dates. I acknowledge and agree that this notice is provided as a courtesy only, and HatchEcom is not obligated or required to provide such notice. I acknowledge and agree that (i) my failure to read, (ii) my inability to receive, or (iii) the failure of HatchEcom to send the email does not create any liability on the part of HatchEcom or any third-party service provider.

(f) Disputed Charges. I understand that if I dispute a charge to my credit card, I should call the HatchEcom Customer Care Center Team immediately. HatchEcom will investigate the matter within 3 (three working days).

(g) Account Information. I agree to notify HatchEcom immediately of any changes to my credit card number, its expiration date, and/or my billing address, or if my credit card expires or is cancelled for any reason. I understand that if my failure to provide HatchEcom with accurate, complete, and current information results in delinquent payments, HatchEcom may restrict my ability to purchase other HatchEcom products, report information about this delinquency to credit bureaus, and/or pursue further collection efforts.

(h) Subscription. For subscription products, HatchEcom reserves the right to terminate access to subscription benefits 31 days after a missed installment payment.

 

  1. Access to World Wide Web; Internet Delays.To use HatchEcom services, I must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. I am responsible for providing all equipment necessary to make such connection to the World Wide Web, including a computer and Internet access. Access to certain HatchEcom services may be limited or delayed based on problems inherent in the use of Internet and electronic communications. I understand that HatchEcom is not responsible for delays, delivery failures, or other damage resulting from such problems.
  2. Force Majeure.HatchEcom shall not be considered in breach of or default under these Terms of Service or any contract with me, and shall not be liable to me for any cessation, interruption, or delay in the performance of its obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a “Force Majeure Event”). If a Force Majeure Event continues for more than 60 days in the aggregate, HatchEcom may immediately terminate these Terms of Service and shall have no liability to me for or as a result of any such termination.
  3. Right to refuse.I acknowledge that HatchEcom reserves the right to refuse service to anyone.
  4. I acknowledge that HatchEcom is not a registered or bonded legal document assistant under California Business and Profession Code, sections 6400 et seq.  HatchEcom.com, Inc. is located at 4996 SW 162ndAve, Miramar, Fl 33027.
  5. 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 this service. By proceeding with my purchase, I agree to these Terms of Service.

Updated: March 17, 2021