These Terms of Service cover your use and access to the services, products, software, and features, (“Services”) provided by AOPA Registered Agent through the AOPA Holdings Corporation (“AHC”). 

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Your access to and use of the Services is subject to your acceptance of these Terms of Service. By using the Services, you agree to be bound by these Terms of Service, and you agree that such acceptance has the same legal value as written acceptance.   

If you do not accept these Terms of Service, do not use the Service. Please carefully read these Terms of Service, as well as our Terms of Website Use and Privacy Policy, before using the Services. Your continued use of the Services will subject you to the then-current description of these Terms of Service. 

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These Terms of Service apply to you, any entities for which you hire us to provide Service(s), and any third parties you may authorize to act on your behalf. If you are under 18 or the age of majority where you reside, you represent and agree that you have your parent or guardian’s permission to use the Service and that they have read this agreement with you. 

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1. U.S. Agent for Service. 

a. Third-Party Service Provider.

AHC works with Computershare Entity Solutions, Inc., (“Computershare”) a third-party service provider to provide some or all of the Services. You acknowledge and agree that Computershare will work with AHC to provide you with the Services. 

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b. Authorization to Receive Official/Legal Documents.

As part of our duties as your U.S. Agent for Service, AHC and Computershare need to accept a variety of official and legal documents on your behalf and upload them into the online dashboard provided to you. You authorize AHC and Computershare to receive important communications from the Federal Aviation Administration and any domestic or foreign federal, state, or local government entity, and legal documents (“Official/Legal Documents”). You agree that AHC and Computershare can open, scan, upload and transmit the Official/Legal Documents into your online dashboard in connection with providing Services to you. Services do not include the receipt of any general or regular mail or other items. Accordingly, AHC and Computershare do not assume liability to you, or any third party, for loss of mail or other items which are not Official/Legal Documents. 

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c. No Regular Documents.

Any documents that AHC and Computershare receive on your behalf that are not Official/ Legal Documents are considered by AHC and Computershare to be “Regular Documents” and will not be accepted and returned to the sender. These documents will not be processed. In the event that a Regular Document is processed, you agree to pay any fees related to those Regular Documents. AHC and Computershare do not assume liability to you, or any third party, for loss of Regular Documents. 

 

d. No Packages.

Any packages arriving at our address on your behalf will be refused upon delivery, if possible. If refusal is not possible, you will be informed that we have it in our possession.  Forwarding requests will be evaluated on a case-by-case basis and you agree to pay any associated costs. By using our Services you agree that AHC and Computershare have no duty of care in the holding and forwarding of packages.  

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e. Certificates.  

We understand that the FAA may send you items that must be forwarded to you, such as airmen certificates. In the event such items are delivered to our offices, we will forward such documents to the address you provide. However, please note that if we receive an excessive volume of original items, we reserve the right to charge forwarding fees to cover the additional costs of handling, packaging, and shipping these documents. 

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f. Destruction of Document After Scanning.

After scanning, all documents are securely destroyed after 14 days. 

 

g. Timing and Response/Appeal Deadlines.

You will be notified of your Official/Legal Documents within one (1) business day.  

IMPORTANT: THE APPEAL AND REPLY DEADLINES OF DOCUMENTS THAT THE FAA SERVES CAN BE AS SHORT AS TWO DAYS; THE FAA CONSIDERS SERVICE ON AN INDIVIDUAL’S U.S. AGENT AS THE EQUIVALENT OF SERVICE ON THE INDIVIDUAL.  THIS MEANS THAT IF AN FAA DOCUMENT WITH AN APPEAL DEADLINE OF 2 DAYS IS SERVED ON YOUR AGENT ON A FRIDAY, YOU MAY NOT BE NOTIFIED OF THE DOCUMENT UNTIL MONDAY, WHICH IS YOUR FINAL DAY TO RESPOND.  FAILURE TO FILE A RESPONSE OR APPEAL WITHIN THE REQUIRED DEADLINE MAY HAVE SEVERE LEGAL CONSEQUENCES, INCLUDING THE DISMISSAL OF YOUR APPEAL.  YOU ACKNOWLEDGE AND AGREE THAT AHC AND COMPUTERSHARE ARE NOT LIABLE FOR ANY CONSEQUENCES ARISING FROM YOUR FAILURE TO FILE A RESPONSE, APPEAL, OR TAKE ANY ACTION BY THE REQUIRED DEADLINE.  

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h. Provision of Accurate and Current Information:

You agree that you are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of your information including your contact information. In the event that any information changes, you agree to notify AHC of that change immediately. We are not responsible and/or obligated to perform any filings or updating of information with any state or Government Agency on your behalf. Your failure to maintain accurate and up-to-date information is a material breach of our Terms, and is grounds for immediate cancellation of the Service. If your contact information is incorrect or incomplete, we are not responsible for your failure to receive any Official/Legal Documents.  

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i. Consent to Electronic Receipt of Documents and Posting.

You acknowledge and agree that AHC or Computershare may post electronic copies of Official/Legal Documents we receive on your behalf to an online dashboard and provide you notice by email through the email address you provide to us.  Such notice and posting constitutes our delivery of the electronic copy to you. The dashboard is subject to additional terms and conditions available through the online dashboard. 

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2. Auto-renewing Subscription and Payment. 

a.  Autorenewal.

Our Services are provided on an auto-renewing annual subscription basis only. You acknowledge and agree that: 

• You are enrolling in a subscription that allows you to use and access the Services that will automatically renew each year (your “Subscription”);  

• Your credit card will be automatically charged to renew myyour Subscription for one additional year at the end of the initial year (Eastern Time), and at the end of each subsequent year, until Iyou cancel myyour Subscription;  

• You must cancel at least two business days before the end of myyour current Subscription year to avoid being charged for the next year;  

• You can cancel this automatic renewing Subscription at any time; 

• You accept the Terms of Service and the included Cancellation terms (see Cancellation, below). 

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b. Payment for Services.

You agree to pay the applicable fees for the Services. You understand that these fees are due on or before the Subscription commences on an annual basis, and that continued use of the Service is contingent upon timely payment. Failure to pay the fees for the renewal of your Subscription will result in the cancellation of your Subscription and terminate your use of the Services.  

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c Payment of Fees for Additional Services. 

You are responsible for paying any outstanding invoices, including any fees incurred for additional products or services beyond your Subscription.  You agree to pay all amounts due for additional services upon demand. In the event of nonpayment, you also authorize AHC and Computershare to charge any and all outstanding fees.  

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d. Provision of Accurate Payment Information.

All auto-payments will be charged using your payment information on file. You must update any changes to your payment information by logging into your account and making the changes. If you do not update your checking/savings account or credit/debit card information and AHC or Computershare are unable to process your payment method for the amount due, your subscription may be terminated.  

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3. Cancellation. 

Important: If your U.S. Agent for Service Subscription with us is cancelled, at the end of your Subscription you MUST remove us as your designated agent at the FAA’s website at https://usas.faa.gov/, including the name, address, and contact information we provided to you.  

 

a. Cancellation by Us.

AHC may terminate your Subscription and use or access to the Services at any time for any reasons including, but not limited to: Failure to provide accurate, complete, and current information for your account; inability to locate you after reasonable efforts; failure to pay for your Service; suspected illegal activity: or if AHC ceases to provide the Service generally or to your market segment.

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b. Cancellation by You.

You may cancel the autorenewal of your Subscription by logging into your account and following the cancellation procedure. At the end of your current Subscription year, you must immediately remove AHC and/or Computershare as your U.S. Agent for Service from the FAA’s website. 

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c. Your Responsibilities Upon Cancellation. 

•  Remove Us As Your U.S. Agent for Service. Upon the end of your subscription, you must immediately remove AHC and/or Computershare as your designated U.S. Agent for Service from the FAA’s website at https://usas.faa.gov/, including the name, address, and contact information we provided to you. Failure to do so may result in additional charges. You agree that once your Subscription terminates, AHC and Computershare will not be responsible for receiving, forwarding, or handling of any of your mail or documents. 

• Outstanding Balances. You are responsible for paying any outstanding invoices, including any additional fees incurred up to or after the end of your subscription. 

• Authority to Cancel. Anyone with access to your account has the authority to cancel your subscription on your behalf. 

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d. How to Cancel the Service.

Our registered agent services are provided on an auto-renewing subscription basis only. You may cancel the autorenewal of your subscription at any time prior to your renewal date by logging into your account and completing the cancellation process.  You may continue to use the Service until the end of your current Subscription.  At the end of your current Subscription year, you must remove us as your designated agent at the FAA’s website at https://usas.faa.gov/, including the name, address, and contact information we provided to you.   

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e. Handling of Documents After Cancellation.  

• Not your Agent. Effective immediately upon the end of your Subscription, we are no longer your U.S. Agent for Service for any purpose and AHC and Computershare are no longer obligated to provide you any Services; 

• No Obligations. AHC and Computershare have no obligations concerning any Official/Legal Documents you that we receive after the end of your Subscription, even if you fail to remove us as your U.S. Agent for Service on Federal Aviation Administration or any other record. 

• Rights. You agree that AHC and Computershare have the right to take any action necessary, in their sole discretion, to remove AHC or Computershare as your U.S. Agent for Service or registered agent from any record upon the termination of your Subscription. 

 

f.  Waiver, Hold Harmless, and Indemnification. 

• Release of Liability. You release and discharge: (a) AOPA Holdings Corporation and its affiliated or related organizations and Computershare Entity Solutions, Inc. (b) the trustees, officers, directors, employees, agents, contractors, and volunteers of each of those entities (collectively, "Releasees"), from any and all claims against any of the Releasees for any claim arising from the cancellation or termination of the Services, including but not limited to claims arising from delays or failures in receiving documents after cancellation. 

• Covenant Not To Sue. You also agree that you will not sue or make a claim against the Releasees for loss, damage, or causes of action that you may incur during or arising out of the cancellation of your Services, however caused, even if caused by the negligence (but not including gross negligence or willful conduct) of the Releasees, to the fullest extent allowed by law.  

• Hold Harmless and Indemnification. You agree to indemnify and hold the Releasees harmless from and against any and all claims, suits, proceedings, expenses, costs, damages, and liabilities, including attorney's fees, incurred, brought or threatened as a result of or arising out of the cancellation of your Services, including but not limited to any third party claims arising from delays or failures in receiving documents after cancellation.  

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4. No Refunds.

Once payment is made and your order is processed, there are no refunds. This applies to all cancellations, including but not limited to early cancellations. We do not offer full or prorated refunds for any reason. 

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5.  Limit of Liability, Hold Harmless, and Indemnification.  

a. Limitation of Liability.

YOU AGREE AND ACKNOWLEDGE THAT AHC AND ITS AFFILIATED OR RELATED ORGANIZATIONS ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED, IN WHOLE OR IN PART, BY NEGLIGENT ACTS OR OMISSIONS IN COMPILING, COLLECTING, PROCESSING, COMMUNICATING, OR DELIVERING YOUR MAIL OR HANDLING PHYSICAL OR DIGITAL DOCUMENTS, DIRECTLY OR INDIRECTLY. YOU AGREE AND ACKNOWLEDGE THAT THE TOTAL AMOUNT OF AHC’S  LIABILITY, IF ANY, FOR ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, LOSSES, OR JUDGMENTS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID FOR THE SERVICES WHICH ARE SUBJECT TO THE CLAIM OR DISPUTE, WITHOUT REGARD TO THE NATURE OF THE CLAIM, LOSS, OR DAMAGE INCURRED. AHC SHALL NOT BE LIABLE FOR ANY OTHER LOSS, CLAIM, DAMAGE, OR INJURY ARISING OUT OF, RELATED TO, OR IN ANY WAY CONNECTED WITH THESE TERMS OF SERVICE OR THE PROVISION OF THE SERVICES. 

NOTICE TO CALIFORNIA RESIDENTS: YOU AGREE TO waive and relinquishe all rights and benefits afforded by California Civil Code 1542 and do so understanding and acknowledging the significance of this waiver. Section 1542 states as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” 

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b. Limitation on Time to Initiate a Dispute.

You agree that any action or proceeding by you relating to any dispute must commence within one year after the alleged cause of action accrues. 

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c. Hold Harmless and Indemnification.

You agree to protect, defend, indemnify and hold AHC and its affiliated or related organizations harmless from and against any and all claims, causes of action, liabilities, judgments, penalties, losses, costs, damages and expenses (including attorneys’ fees and all related costs and expenses for litigation and/or arbitration) suffered or incurred by AHC, including, without limitation, any claim arising from: any actual or alleged breach of your obligations under these Terms of Service; your wrongful or improper use of the Services; your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; your violation of any law, rule or regulation of the United States or any other country; any copyright infringement claims that may arise from AHC or Computershare scanning documents or other mail on your behalf; the failure of any third party, including but not limited to the United States Postal Service or any commercial delivery or courier service, to provide delivery or courier services accurately and on time; any loss, damage or destruction of your Official/Legal Documents by any cause whatsoever; AHC or its affiliates or Computershare being named as a defendant in an action based on our status as your U.S. Agent for Service; any claims or action brought against AHC or Computershare relating to your failure to maintain updated information on your account, such as contact or payment information; your failure to remove AHC or Computershare as your designated U.S. Agent for Service from the FAA’s website after cancellation of your Services.  

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6.  We Are Not Attorneys, Accountants, or Fiduciaries.

We provide the Services to act as your U.S. Agent for Service. We are not a law firm or an attorney and do not provide legal advice. There is no attorney-client relationship between you and AHC or Computershare and none of the communications between you and AHC or Computershare or mail received by AHC or Computershare on your behalf (including electronic copies in our online dashboard) are protected as attorney-client privileged or confidential communications. Use of the Services does not create any fiduciary duty or obligations, either implied or express, by any agent, affiliate or employee of AHC or Computershare. 

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7. Changes to Terms and Interpretation.

AHC reserves the right to modify or amend these Terms of Service at any time. Any such changes will be posted on our website and will become effective immediately upon posting. You are encouraged to review these Terms of Service periodically. Any one-time or continuing waiver or failure by AHC to strictly enforce any term, deadline or other provision of this Agreement shall not be deemed to amend or modify this Agreement. In the event of any ambiguity, inconsistency, or conflict in the interpretation or application of these Terms of Service, AHC shall have the sole discretion to interpret and resolve any such ambiguity, inconsistency, or conflict in a manner that it deems reasonable and appropriate. The interpretation of AHC shall be binding and shall govern the application of these Terms of Service.

 

8. Force Majeure.

We shall not be considered to be in breach or default of these Terms of Service, and shall not be liable for any cessation, interruption, or delay in the performance of our Services or other obligations by reason of any act of God, pandemic, action of a court or public authority, change in law, terrorism, or other similar even that is beyond our reasonable control, whether foreseen or unforeseen (each a “Force Majeure Event”). In the event of a Force Majeure Event, we may immediately terminate our Services and shall have no liability for, or as a result of, any such termination. 

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9. Governing Law.

This Agreement and all claims related to or arising out of it shall be governed and construed in accordance with the laws of the State of Maryland, excluding that State's choice-of-law principles.  You acknowledge and agree that any judicial proceeding shall take place in a federal or state court within the State of Maryland. 

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10. Authority to Enter Agreement.

If you are agreeing to these Terms of Service on behalf of a company or other legal entity, you represent that you have the legal authority to bind such entity to this agreement, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority or if you do not agree with these Terms of Service, you may not sign up for or use the Services. If after your purchase we find that you do not have authority to bind the entity for which you purchased the Services for, you will be personally responsible for the obligations in these Terms of Service and the order you placed, including without limitation, the payment obligations. We shall not be liable for any loss or damage resulting from our reliance on any instruction, notice, document, or communication reasonably believed by us to be genuine and originating from an authorized representative of the company for which the order was placed. If there is reasonable doubt about the authenticity of any such instruction, notice, document, or communication, we may, but are not obliged to, require additional authentication from you which you shall promptly provide. 

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11. Entire Agreement.

The Terms of Service constitute the entire agreement between AHC and you.  No statements, promises, or inducements made by AHC, or any agent or employees of AHC, which are not contained in this written contract, shall be valid or binding.  

If you have any questions about these Terms of Service, you may contact us by email at legal@aopa.org, or by phone at (800) 872-2672.