US Compliance Agent LLC Terms of Service
Version 2.0 — Effective Date: June 16 2026
These Terms of Service (“Terms”) govern your access to and use of the services provided by US Compliance Agent LLC (“Company,” “we,” “us,” or “our”). Please read them carefully. They contain important limitations on liability, a binding individual arbitration requirement, a class-action waiver, a jury-trial waiver, and a shortened time to bring claims.
These Terms include general terms applicable to all Services and product-specific terms applicable to the Regulatory Pathway Assessment. If you purchase the Regulatory Pathway Assessment, Section 17 applies in addition to the general Terms. If there is a conflict between Section 17 and the general Terms, Section 17 controls for the Regulatory Pathway Assessment only.
By purchasing or using the Services, you agree to these Terms.
1. Acceptance of Terms; Electronic Acceptance
By checking a box indicating acceptance, clicking “purchase” or “pay,” submitting payment, submitting an intake form, downloading or using a designation letter, listing Company’s information, or otherwise accessing or using the Services, you agree to be bound by these Terms.
Electronic Acceptance. You agree that your electronic acceptance is the legal equivalent of a handwritten signature. Company may retain records evidencing your acceptance, including timestamp, IP address, email address, order details, payment details, the version of these Terms accepted, and transaction records.
If you do not agree to these Terms, do not purchase or use the Services.
2. Business Use Only
The Services are offered only to businesses, manufacturers, importers, exporters, sellers, marketplace sellers, distributors, or persons acting for business, commercial, manufacturing, import, export, marketplace, or regulatory-compliance purposes.
You represent and warrant that you are purchasing solely for business or commercial purposes and not for personal, family, household, or consumer purposes.
If you purchase on behalf of an entity, manufacturer, seller, importer, exporter, distributor, marketplace seller, or other business, you represent and warrant that you have authority to bind that person or entity to these Terms.
If you do not have such authority, or if you are purchasing for personal, family, household, or consumer purposes, you must not purchase or use the Services.
3. Cross-Border Customers; Sanctions and Export Controls; Language
Foreign Customers. The Services are designed for non-U.S. manufacturers, sellers, exporters, distributors, and entities seeking a limited U.S. point of contact, designation, forwarding function, or related informational routing service for U.S. regulatory, marketplace, or commercial purposes.
Sanctions; Export Controls; Restricted Parties. You represent and warrant that you, your owners, affiliates, directors, officers, managers, employees, agents, products, transactions, and any entity or person on whose behalf you act are not located in, organized under the laws of, ordinarily resident in, owned or controlled by, or acting on behalf of any country, territory, person, or entity subject to comprehensive U.S. sanctions or listed on any U.S. restricted-party list, including lists administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control, the U.S. Department of Commerce’s Bureau of Industry and Security, or other U.S. authorities.
You may not purchase or use the Services to evade sanctions, export controls, import restrictions, customs laws, agency requirements, marketplace rules, or other legal requirements.
Company may screen customers and may refuse, suspend, cancel, terminate, or decline Services without refund where sanctions, restricted-party, export-control, fraud, payment, abuse, or compliance risk is suspected.
You agree to provide any identity, ownership, country, product, transaction, or compliance information reasonably requested by Company to evaluate sanctions, export-control, fraud, or compliance risk.
English Language Controls. These Terms, all Services, and all Company communications are provided in English. Any translation is for convenience only, and the English version controls. You represent that you understand English sufficiently to review, accept, and be bound by these Terms, or that you obtained translation assistance before purchase.
4. Nature of Services; No Legal or Regulatory Advice; No General Agency
Company provides limited, operational U.S. point-of-contact, designation, mail-forwarding, and related informational routing services.
Company does not provide legal advice, regulatory advice, customs advice, import advice, tax advice, marketplace advice, business advice, compliance consulting, classification opinions, legal opinions, regulatory opinions, filing preparation, filing guidance, testing, certification, or substantive communication with any agency or marketplace on your behalf.
Regulatory Pathway Assessment.
The separately purchased Regulatory Pathway Assessment is an optional one-time informational routing product governed by the product-specific terms in Section 17. The Assessment provides a preliminary, non-binding, informational routing summary based solely on the facts, assumptions, product descriptions, sales channels, intended uses, documents, and other information you submit. The Assessment does not classify any product, determine legal status, determine compliance obligations, determine import admissibility, determine marketplace eligibility, or confirm whether any designation is legally required or legally sufficient.
Any statement that a designation “may apply,” “appears relevant,” “may be relevant,” or “may be considered” is conditional, preliminary, and provided only for independent review. You may not rely on the Assessment as legal, regulatory, customs, import, marketplace, business, or compliance advice, and you remain solely responsible for independently verifying all decisions with qualified U.S. counsel, the applicable agency, customs broker, importer, marketplace, testing lab, certification body, or other qualified professional before taking action.
No General Agency or Representative Relationship. Except for the specific, limited designation service purchased and accepted by Company in writing, nothing in these Terms creates a general agency, fiduciary, legal representative, authorized representative, importer, customs broker, distributor, tax representative, customs representative, responsible person, manufacturer, seller, consultant, advisor, or professional relationship.
Company has no authority to bind you, make filings for you, certify compliance for you, communicate substantive positions for you, accept obligations on your behalf, act as importer of record, act as customs broker, act as responsible person, or act as your representative for all purposes unless expressly agreed in a separate written agreement signed by Company.
No attorney-client relationship is created, and Company does not practice law.
5. Description of Services; Role Limitations by Vertical
Company’s role under each designation service is limited to the specific operational functions described below and to the specific service purchased and accepted by Company.
Statutory and regulatory references in this Section are provided solely to identify the general category of service. They are not legal advice, may not reflect all applicable requirements, may change, and do not expand Company’s duties beyond the specific operational service purchased.
FDA Medical Devices. For FDA medical device U.S. Agent services, Company’s role is limited to receiving FDA communications directed to the designated U.S. Agent, forwarding those communications to you using the contact information you provide, and facilitating FDA’s ability to contact you where required by 21 CFR 807.40. Company does not answer substantive product, safety, classification, listing, registration, labeling, compliance, inspection, enforcement, or import questions on your behalf.
MoCRA / FDA Cosmetics. Company does not act as the statutory “responsible person,” manufacturer, packer, distributor, labeler, safety-substantiation holder, adverse-event reporter, product-listing submitter, facility-registration owner, or cosmetics compliance advisor unless expressly agreed in a separate written agreement signed by Company. Any MoCRA-related service is limited to the specific U.S.-based contact, forwarding, or designation function purchased and accepted by Company.
FCC Equipment Authorization. Company provides the U.S.-based point-of-contact or responsible-party contact function only, where the applicable rules permit such use. Company does not perform testing, prepare or file equipment authorizations, issue grants, make technical compliance representations, maintain technical files, certify equipment, or act as a telecommunications certification body.
NHTSA / DOT. Company acts solely as designated U.S. Agent for service of process under 49 U.S.C. § 30164 and 49 CFR Part 551, Subpart D, receiving and forwarding process and correspondence. Company does not perform FMVSS compliance work, defect reporting, recall administration, certification, labeling, testing, or vehicle/equipment classification work.
CPSC. Company does not issue certificates, certify compliance, conduct testing, maintain test records, act as importer of record, act as domestic manufacturer, or serve as the person responsible for maintaining test records unless expressly agreed in a separate written agreement signed by Company.
EPA / TSCA. Company does not act as importer of record, customs broker, certifier, authorized customs agent, filer, or signer of TSCA import certifications unless expressly agreed in a separate written agreement signed by Company. Any TSCA certification must be made by the importer or its authorized customs agent or filer.
Amazon INFORM / Marketplaces. Company only provides U.S.-based contact information where the applicable marketplace permits such use. Company does not guarantee that Amazon or any marketplace will accept Company’s information, verify your account, prevent suspension, restore selling privileges, or treat Company’s information as a substitute for seller identity, beneficial-ownership, tax, bank, address, or business-verification information.
6. Fees, Payment, and Payment Disputes
Fees are stated at checkout and are due in advance. Except as expressly stated in these Terms or required by non-waivable law, fees are non-refundable.
You agree to contact Company first in good faith regarding any billing dispute.
You may not initiate false, fraudulent, bad-faith, duplicative, or misleading payment disputes.
If a payment is reversed, charged back, dishonored, or fails, Company may suspend or terminate Services; revoke authorization to use Company’s name, address, signature, designation, letter, or contact information; notify applicable agencies or marketplaces of revocation where appropriate; and recover unpaid amounts, chargeback fees, collection costs, and reasonable attorneys’ fees to the extent permitted by law.
Nothing in these Terms limits any non-waivable rights you may have under applicable payment-card rules or law.
7. Auto-Renewal
Annual designation subscriptions renew automatically for successive 12-month terms unless cancelled at least thirty (30) days before the renewal date.
Before purchase, we disclose the renewal term, renewal price, cancellation deadline, and cancellation method. By purchasing a subscription, you authorize recurring charges unless you timely cancel.
You may cancel by emailing support@uscomplianceagent.com or by using any cancellation method we make available.
Renewal fees are non-refundable once the renewal term begins, except where required by law or expressly agreed by Company in writing.
Renewal pricing will be the price shown at checkout unless Company gives notice of a price change before renewal or otherwise discloses the then-current renewal price where required by law.
If applicable law requires a different notice, cancellation, or refund rule, that rule controls only to the extent required.
8. Customer Responsibilities; Identity, Contact, and Electronic Notices
You must provide and maintain accurate legal name, entity name, country of formation or residence, physical address, email address, phone number, authorized contact, beneficial-ownership or authority information where requested, and any product, importer, marketplace, agency, ownership, transaction, or compliance information required for the Service.
Notices to you may be sent by email, customer portal, courier, or other commercially reasonable method. Email notice is effective when sent unless Company receives a bounce-back or delivery-failure notice.
You appoint the email address and contact information provided at checkout or intake as your authorized contact information for contractual notices, billing notices, renewal notices, termination notices, revocation notices, dispute notices, delivery notices, refund notices, and other communications relating to the Services.
You remain solely responsible for monitoring all agency, marketplace, importer, broker, customs, filing, registration, listing, and regulatory accounts and deadlines, and for your own compliance with all applicable laws, regulations, standards, agency guidance, marketplace policies, import requirements, customs requirements, and third-party requirements.
9. Mail Handling and Forwarding
Company uses commercially reasonable efforts to scan and forward regulatory notices received at the authorized address during normal U.S. business hours, excluding U.S. holidays, outages, carrier delays, incorrectly addressed mail, suspicious mail, system failures, and circumstances beyond Company’s reasonable control.
Company does not guarantee same-day forwarding, immediate review, receipt, delivery, agency acceptance, or that any forwarded notice will be received, opened, translated, understood, or acted upon by you.
Physical mail may be securely destroyed after ten (10) business days after electronic forwarding unless you request and pay for physical shipping, except that Company may retain or destroy mail according to its document-retention practices and applicable law.
You remain solely responsible for monitoring all agency, marketplace, importer, broker, customs, filing, registration, listing, and regulatory accounts and deadlines.
10. Authorized Use of Company Information; Misuse; Post-Termination Removal
Any authorization to use Company’s name, address, signature, contact information, letter, or designation is limited to the specific service, entity, product category, agency, platform, and term purchased and accepted by Company.
The authorized address and contact information may be used only for the regulatory service-of-process, point-of-contact, correspondence, or designation function purchased, and may not be used as a manufacturer, “made for,” “distributed by,” importer-of-record, customs, shipping, labeling, packaging, warranty, returns, consumer-facing, banking, tax, business-registration, registered-agent, office, warehouse, fulfillment, or general business address, or for any other purpose.
You may not alter, edit, reuse, repurpose, forge, copy, or distribute any signed or executed Company document beyond the specific filing, listing, registration, or designation for which it was prepared.
Authorization automatically terminates upon expiration, cancellation, nonpayment, chargeback, termination, revocation, or misuse.
After termination or revocation, you must immediately remove Company’s name, address, signature, contact information, and designation from all filings, listings, labels, packaging, certificates, marketplace accounts, websites, documents, communications, and other materials.
11. Term, Suspension, Termination, and Revocation
Company may suspend, terminate, or revoke the Services and any authorization, with or without notice, for nonpayment, chargeback, misuse, suspected fraud, suspected sanctions risk, breach of these Terms, inaccurate or incomplete information, customer nonresponsiveness, or where continued service would expose Company to legal, regulatory, payment, reputational, sanctions, marketplace, or compliance risk.
Depending on the agency, marketplace, or filing system, a designation may remain visible or effective until withdrawn, replaced, updated, or otherwise processed through the applicable system.
You are solely responsible for promptly removing, replacing, or updating Company’s information wherever it appears.
Company may, but is not obligated to, notify agencies, marketplaces, payment processors, or third parties that authorization has been revoked.
Termination, suspension, expiration, cancellation, or revocation does not relieve you of payment obligations, indemnification obligations, removal obligations, or any obligations that survive under these Terms.
12. Limitation of Liability; Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES, THESE TERMS, ANY DESIGNATION, ANY LETTER, ANY ADDRESS USE, ANY COMMUNICATION, OR ANY SERVICE-RELATED ACT OR OMISSION IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID COMPANY FOR THE APPLICABLE SERVICE DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
FOR THE REGULATORY PATHWAY ASSESSMENT, COMPANY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE ASSESSMENT IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID COMPANY FOR THE ASSESSMENT.
THIS LIMITATION APPLIES TO ALL THEORIES OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, NEGLIGENT MISREPRESENTATION, STRICT LIABILITY, STATUTORY CLAIMS, EQUITABLE THEORIES, AND ANY OTHER THEORY, EXCEPT TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY LAW.
COMPANY IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS; LOST REVENUE; LOST BUSINESS; LOST OPPORTUNITY; BUSINESS INTERRUPTION; PRODUCT DETENTION; SHIPMENT DELAY; IMPORT REFUSAL; MARKETPLACE SUSPENSION; ACCOUNT SUSPENSION; REGULATORY FINES; PENALTIES; REJECTED FILINGS; REJECTED LISTINGS; COMPLIANCE FAILURES; RECALLS; TESTING COSTS; STORAGE COSTS; DEMURRAGE; DUTIES; TAXES; BROKER FEES; ATTORNEYS’ FEES OF THIRD PARTIES; OR THIRD-PARTY CLAIMS, EVEN IF COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE SERVICES, INCLUDING THE REGULATORY PATHWAY ASSESSMENT, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, CURRENTNESS, ACCEPTANCE, SUITABILITY, OR REGULATORY SUFFICIENCY, EXCEPT WHERE SUCH DISCLAIMER IS PROHIBITED BY LAW.
COMPANY DOES NOT WARRANT THAT THE SERVICES OR THE REGULATORY PATHWAY ASSESSMENT WILL BE ACCURATE, COMPLETE, CURRENT, ACCEPTED BY ANY AGENCY, MARKETPLACE, CUSTOMS BROKER, IMPORTER, DISTRIBUTOR, RETAILER, LOGISTICS PROVIDER, TESTING LAB, CERTIFICATION BODY, OR OTHER THIRD PARTY, OR THAT THE SERVICES OR THE REGULATORY PATHWAY ASSESSMENT WILL BE SUITABLE OR SUFFICIENT FOR ANY REGULATORY, CUSTOMS, IMPORT, MARKETPLACE, LEGAL, COMMERCIAL, OR COMPLIANCE PURPOSE.
13. Indemnification
You agree to indemnify, defend, and hold harmless Company and its members, managers, officers, employees, contractors, agents, service providers, and affiliates from and against any claim, demand, investigation, enforcement action, penalty, detention, rejection, suspension, loss, liability, damage, cost, chargeback, reversed payment, failed payment, collection cost, and reasonable attorneys’ fees arising out of or relating to:
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your products;
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your product claims, ingredients, components, formulation, labeling, packaging, advertising, intended use, technical specifications, testing, certifications, documents, or sales channels;
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your filings, listings, certifications, registrations, imports, shipments, labels, marketplace activity, or business operations;
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information you provided or failed to provide;
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your reliance or alleged reliance on the Services or the Regulatory Pathway Assessment;
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your violation or alleged violation of law, regulation, agency guidance, customs requirement, marketplace policy, or third-party requirement;
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your misuse of Company’s name, address, signature, letter, contact information, designation, documents, or work product;
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your alteration, forgery, unauthorized reuse, unauthorized distribution, or unauthorized modification of Company documents;
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payment disputes, chargebacks, reversed payments, failed payments, or collection activity; or
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claims by your customers, importers, distributors, retailers, marketplaces, agencies, regulators, brokers, customs brokers, logistics providers, testing labs, certification bodies, or other third parties.
Company may control the defense and settlement of any indemnified matter, or may require you to defend the matter with counsel reasonably acceptable to Company. You may not settle any matter in a way that imposes obligations, admissions, liability, or restrictions on Company without Company’s prior written consent.
14. Confidentiality
Each party will protect the other’s non-public business information disclosed in connection with the Services and use it only to provide or receive the Services.
Confidential information does not include information that is publicly available, already known without confidentiality obligation, independently developed, received from a third party without confidentiality obligation, or required to be disclosed by law, agency request, subpoena, court order, payment processor, sanctions screening process, or other legal, regulatory, marketplace, or compliance process.
Company may disclose information as reasonably necessary to provide the Services, process payments, screen for sanctions or fraud risk, comply with law, respond to legal process, enforce these Terms, notify agencies or marketplaces of revocation, or protect Company from legal, regulatory, payment, reputational, sanctions, marketplace, or safety risk.
15. Governing Law; International Commercial Arbitration; Class Waiver; Time to Bring Claims
Governing Law. These Terms, the Services, and all disputes are governed by the laws of the State of Ohio, U.S.A., without regard to conflict-of-law rules.
International Commercial Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms, the Services, any designation, any letter, any order, any payment, any intake submission, any deliverable, or any communication with Company shall be resolved by final and binding arbitration administered by the American Arbitration Association / International Centre for Dispute Resolution under its International Arbitration Rules. The seat of arbitration shall be Akron, Ohio, U.S.A. The arbitration shall be conducted in English by one arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.
Injunctive / Collection Exception. Company may seek temporary, preliminary, or permanent injunctive relief, payment collection, or relief for misuse of Company’s name, address, signature, designation, contact information, documents, intellectual property, confidential information, or work product in any court of competent jurisdiction, including courts located in Summit County, Ohio, U.S.A.
Class Waiver; Jury Waiver. The arbitrator may award relief only on an individual basis and may not conduct any class, collective, consolidated, private-attorney-general, or representative proceeding. You and Company waive the right to a jury trial and waive the right to participate in any class, collective, consolidated, private-attorney-general, or representative action.
If the class-action waiver is found unenforceable as to a particular claim, that claim must proceed in court and not in arbitration, and only to the extent required by law.
Time to Bring Claims. Any claim must be initiated within one (1) year after the claimant knew or reasonably should have known of the facts giving rise to the claim, unless a shorter or longer period is required by non-waivable applicable law. This provision does not revive any claim that is already time-barred.
16. General Provisions
Order of Precedence. Section 17 controls over the general Terms with respect to the Regulatory Pathway Assessment only. In all other respects, these Terms apply.
No website copy, marketing material, FAQ, email, chat, oral statement, informal communication, designation letter, deliverable, follow-up communication, customer-service communication, or other material modifies these Terms unless expressly incorporated in a written agreement signed by Company.
If there is any conflict between these Terms and any service deliverable or related communication, these Terms control, except that Section 17 controls with respect to the Regulatory Pathway Assessment.
Entire Agreement. These Terms, together with your order, are the entire agreement between you and Company regarding the Services.
Severability. If any provision is held invalid, illegal, or unenforceable, the remaining provisions remain in full force and effect. The invalid, illegal, or unenforceable provision will be modified to the minimum extent necessary to make it enforceable, or, if modification is not permitted, severed from these Terms.
No Waiver. Company’s failure to enforce any provision is not a waiver of Company’s right to enforce that provision or any other provision later.
Assignment. You may not assign or transfer your rights or obligations without Company’s written consent. Company may assign these Terms in connection with a merger, sale, reorganization, transfer of assets, or change in ownership.
Force Majeure. Company is not liable for delay or failure caused by events beyond its reasonable control, including government action, agency-system downtime, carrier failure, internet or hosting outage, payment-processor disruption, cyberattack, natural disaster, war, sanctions event, labor disruption, supply interruption, illness, emergency, or changes in law, regulation, agency practice, customs practice, marketplace policy, or third-party system availability.
No Third-Party Beneficiaries. These Terms are solely between you and Company and do not create rights for any importer, distributor, retailer, marketplace, agency, regulator, broker, customs broker, logistics provider, testing lab, certification body, customer, or other third party.
Survival. Sections concerning business use, sanctions, English language, electronic acceptance, notices, payment, misuse, revocation, no legal advice, no reliance, limitation of liability, indemnification, arbitration, governing law, confidentiality, post-termination obligations, no government affiliation, severability, and no waiver survive expiration, cancellation, refund denial, dispute, termination, suspension, or revocation.
17. Regulatory Pathway Assessment — Product-Specific Terms
This Section applies only if you purchase the Regulatory Pathway Assessment. The Regulatory Pathway Assessment is referred to in this Section as the “Assessment.”
If there is any conflict between this Section 17 and any other provision of these Terms, this Section 17 controls with respect to the Assessment only.
17.1 Nature of the Assessment — Informational Routing Summary Only
The Assessment is an optional, one-time, paid informational routing product. It provides a preliminary, non-binding, informational routing summary based solely on the facts, assumptions, product descriptions, sales channels, intended uses, documents, and other information you submit through the intake.
The Assessment is not a recommendation, opinion, certification, classification, legal conclusion, regulatory conclusion, compliance determination, import determination, customs determination, marketplace determination, agency determination, or professional advice.
Any statement that a designation “may apply,” “appears relevant,” “may be relevant,” “may be considered,” or similar language is conditional and preliminary. Such language identifies a pathway for your independent review and verification only. It is not a conclusion that any designation is required, sufficient, correct, accepted, or appropriate for your product, business, shipment, listing, filing, registration, certification, marketplace account, or regulatory situation.
17.2 Not Legal or Regulatory Advice; No Professional Relationship
The Assessment is informational and educational only. It is not legal advice, regulatory advice, customs advice, import advice, tax advice, marketplace advice, business advice, compliance consulting, a legal opinion, a regulatory opinion, or a professional opinion of any kind.
Company is not a law firm, does not practice law, and does not provide legal services.
Purchasing, receiving, reviewing, or using the Assessment does not create an attorney-client, consultant, advisor, fiduciary, agency, representative, broker, customs, importer, distributor, tax, compliance, or professional relationship between you and Company.
Company does not act as your legal representative, regulatory representative, customs broker, importer of record, distributor, responsible person, manufacturer, seller, authorized representative, general U.S. agent, or agent for all purposes.
17.3 Business Use Only
The Assessment is offered only to businesses, manufacturers, importers, exporters, sellers, marketplace sellers, distributors, or persons acting for business, commercial, manufacturing, import, export, marketplace, or regulatory-compliance purposes.
You represent and warrant that you are purchasing the Assessment solely for business or commercial purposes and not for personal, family, household, or consumer purposes.
If you purchase the Assessment on behalf of an entity, manufacturer, seller, importer, exporter, distributor, marketplace seller, or other business, you represent and warrant that you have authority to bind that person or entity to these Terms.
If you do not have such authority, or if you are purchasing for personal, family, household, or consumer purposes, you must not purchase the Assessment.
17.4 Foreign Buyer Acknowledgment
You acknowledge that, as a non-U.S. buyer or as a buyer acting for a non-U.S. manufacturer, seller, exporter, distributor, or entity, you may be unfamiliar with U.S. regulatory, customs, marketplace, import, labeling, testing, certification, registration, and compliance requirements.
You agree that your foreign location, foreign ownership, foreign manufacturing status, lack of U.S. regulatory familiarity, or lack of U.S. counsel does not expand Company’s duties, does not create a fiduciary, agency, consultant, advisor, legal, regulatory, customs, importer, marketplace, or representative relationship, and does not permit reliance on the Assessment as legal, regulatory, customs, marketplace, import, business, or compliance advice.
You remain solely responsible for obtaining qualified U.S. legal, regulatory, customs, tax, import, marketplace, and other professional advice before taking action.
17.5 Based Solely on Information You Provide
The Assessment is based solely on the information you submit through the intake and any related materials you provide.
Company does not independently investigate, audit, test, inspect, sample, classify, verify, validate, or confirm your product, product claims, ingredients, components, formulation, labeling, packaging, advertising, intended use, sales channels, technical specifications, certifications, test reports, import documents, marketplace listings, business structure, ownership, documents, or any other information you provide.
You are solely responsible for the accuracy, completeness, truthfulness, and currentness of all information you submit.
Incomplete, inaccurate, outdated, misleading, translated, summarized, or omitted information may affect the Assessment. Company is not responsible for any Assessment content, omission, error, pathway summary, or limitation resulting from information you provide or fail to provide.
17.6 Scope Limits — No Classification, Filing, Import, Marketplace, or Compliance Determinations
The Assessment does not determine, and may not be relied upon to determine:
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product classification;
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intended-use status;
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whether a product is a medical device, drug, cosmetic, food, dietary supplement, chemical substance, article, pesticide, motor vehicle, motor-vehicle equipment, consumer product, children’s product, radiofrequency device, electronic product, or any other regulated category;
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whether any exemption, exception, exclusion, enforcement discretion policy, low-risk pathway, de minimis rule, or safe harbor applies;
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whether any filing, listing, registration, certification, authorization, testing, labeling, disclosure, recordkeeping, reporting, import, customs, marketplace, post-market, recall, adverse-event, or safety obligation applies;
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whether any U.S. agent, point of contact, responsible person, authorized representative, importer, customs broker, domestic contact, or other designation is legally required or legally sufficient;
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whether any agency, marketplace, customs broker, importer, distributor, retailer, logistics provider, testing lab, registrar, certification body, or regulator will accept any filing, designation, address, contact, document, registration, listing, certificate, or submission;
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whether any product may be lawfully imported, listed, marketed, sold, distributed, advertised, labeled, or shipped in the United States; or
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whether any past, current, or future conduct by you or a third party complies with law, regulation, agency guidance, marketplace policy, customs requirements, or commercial requirements.
17.7 No Reliance; Customer Decision-Making
You agree that you will not rely on the Assessment as the basis for any legal, regulatory, customs, import, marketplace, product-launch, labeling, testing, certification, registration, listing, filing, shipping, manufacturing, distribution, sales, advertising, recall, reporting, or compliance decision.
Any decision to appoint a U.S. agent, list Company information, file or not file with any agency, register or not register, list or not list a product, certify or not certify a product, test or not test a product, label or not label a product, ship products, import products, sell products, communicate with a regulator, communicate with a marketplace, use a customs broker, use an importer, or use the Assessment in any business process is made solely by you.
You agree to independently verify all decisions with qualified U.S. counsel, the applicable agency, customs broker, importer, marketplace, testing lab, certification body, or other qualified professional before taking action.
Company is not responsible for any action or inaction you take before or after receiving the Assessment.
17.8 Deliverable; Turnaround; Credit
The Assessment deliverable is a written summary, typically one to two pages, summarizing one or more U.S. regulatory designation pathway(s) that may be relevant for your independent review, based only on the information you provide.
Company uses commercially reasonable efforts to deliver the Assessment within two to three U.S. business days after receiving your completed intake. Turnaround begins when Company receives your completed intake, not when you submit payment. Incomplete, unclear, inconsistent, inaccurate, translated, missing, or unusually complex intake information may delay delivery.
Company does not guarantee any specific delivery time, agency result, marketplace result, filing result, import result, regulatory outcome, designation acceptance, or commercial outcome.
Credit. The Assessment fee is credited toward any U.S. designation service you purchase from Company within thirty (30) days after delivery of your Assessment. The credit applies once, to a single designation purchase, is not transferable, has no cash value, may not be combined with other offers unless Company agrees in writing, and expires if not used within thirty (30) days.
17.9 Fees; Refunds
The Assessment fee is stated at checkout and is due in advance.
Because the Assessment is a custom informational work product prepared specifically for you, the fee is non-refundable once work has begun or the deliverable has been provided, except as required by non-waivable law or as expressly agreed by Company in writing.
Work begins when Company first accesses, opens, reviews, processes, analyzes, evaluates, routes, researches, drafts, prepares, or responds to your intake submission or related materials.
If Company declines to provide the Assessment before work begins, Company may refund the Assessment fee or provide another resolution at Company’s discretion. No refund is owed if delay, inability to complete the Assessment, or reduced usefulness of the Assessment results from incomplete, inaccurate, inconsistent, misleading, missing, or non-responsive information provided by you.
The credit described in Section 17.8 is your benefit if you proceed to a designation purchase.
17.10 Sanctions; Export Controls; Restricted Parties
You represent and warrant that you, your owners, affiliates, directors, officers, managers, employees, agents, products, transactions, and any entity or person on whose behalf you act are not located in, organized under the laws of, ordinarily resident in, owned or controlled by, or acting on behalf of any country, territory, person, or entity subject to comprehensive U.S. sanctions or listed on any U.S. restricted-party list, including lists administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control, the U.S. Department of Commerce’s Bureau of Industry and Security, or other U.S. authorities.
You may not purchase or use the Assessment to evade sanctions, export controls, import restrictions, customs laws, agency requirements, marketplace rules, or other legal requirements.
Company may refuse, suspend, cancel, or decline the Assessment without refund where sanctions, restricted-party, export-control, fraud, payment, abuse, or compliance risk is suspected.
You agree to provide any identity, ownership, country, product, transaction, or compliance information reasonably requested by Company to evaluate sanctions, export-control, fraud, or compliance risk.
17.11 Assessment-Specific Limitation of Liability; Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE ASSESSMENT IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID COMPANY FOR THE ASSESSMENT.
THIS LIMITATION APPLIES TO ALL THEORIES OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, NEGLIGENT MISREPRESENTATION, STRICT LIABILITY, STATUTORY CLAIMS, EQUITABLE THEORIES, AND ANY OTHER THEORY, EXCEPT TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY LAW.
COMPANY IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS; LOST REVENUE; LOST BUSINESS; LOST OPPORTUNITY; BUSINESS INTERRUPTION; PRODUCT DETENTION; SHIPMENT DELAY; IMPORT REFUSAL; MARKETPLACE SUSPENSION; ACCOUNT SUSPENSION; REGULATORY FINES; PENALTIES; REJECTED FILINGS; REJECTED LISTINGS; COMPLIANCE FAILURES; RECALLS; TESTING COSTS; STORAGE COSTS; DEMURRAGE; DUTIES; TAXES; BROKER FEES; ATTORNEYS’ FEES OF THIRD PARTIES; OR THIRD-PARTY CLAIMS ARISING OUT OF OR RELATING TO THE ASSESSMENT, EVEN IF COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE ASSESSMENT IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, CURRENTNESS, ACCEPTANCE, SUITABILITY, OR REGULATORY SUFFICIENCY, EXCEPT WHERE SUCH DISCLAIMER IS PROHIBITED BY LAW.
COMPANY DOES NOT WARRANT THAT THE ASSESSMENT WILL BE ACCURATE, COMPLETE, CURRENT, ACCEPTED BY ANY AGENCY OR MARKETPLACE, SUITABLE FOR YOUR PRODUCT, SUITABLE FOR YOUR BUSINESS, OR SUFFICIENT FOR ANY REGULATORY, CUSTOMS, IMPORT, MARKETPLACE, LEGAL, COMMERCIAL, OR COMPLIANCE PURPOSE.
17.12 Assessment-Specific Indemnification
You agree to indemnify, defend, and hold harmless Company and its members, managers, officers, employees, contractors, agents, service providers, and affiliates from and against any claim, demand, investigation, enforcement action, penalty, detention, rejection, suspension, loss, liability, damage, cost, chargeback, reversed payment, failed payment, collection cost, and reasonable attorneys’ fees arising out of or relating to:
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your reliance or alleged reliance on the Assessment;
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information you provided or failed to provide;
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your products;
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your product claims, ingredients, components, formulation, labeling, packaging, advertising, intended use, technical specifications, testing, certifications, documents, or sales channels;
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your filings, listings, certifications, registrations, imports, shipments, labels, marketplace activity, or business operations;
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your violation or alleged violation of law, regulation, agency guidance, customs requirement, marketplace policy, or third-party requirement;
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your misuse, alteration, distribution, or unauthorized use of the Assessment;
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payment disputes, chargebacks, reversed payments, failed payments, or collection activity;
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your use or misuse of Company’s name, address, signature, designation, contact information, letters, documents, or work product; or
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claims by your customers, importers, distributors, retailers, marketplaces, agencies, regulators, brokers, customs brokers, logistics providers, testing labs, certification bodies, or other third parties.
Company may control the defense and settlement of any indemnified matter, or may require you to defend the matter with counsel reasonably acceptable to Company. You may not settle any matter in a way that imposes obligations, admissions, liability, or restrictions on Company without Company’s prior written consent.
17.13 No Modification by Marketing or Deliverable
No website copy, marketing material, FAQ, email, chat, oral statement, informal communication, Assessment deliverable, pathway summary, follow-up communication, customer-service communication, or other material modifies these Terms unless expressly incorporated in a written agreement signed by Company.
If there is any conflict between this Section 17 and any Assessment deliverable or related communication, this Section 17 controls.
17.14 Assessment-Specific Arbitration
Any dispute, claim, or controversy arising out of or relating to the Assessment, any order, any payment, any intake submission, any deliverable, or any communication with Company relating to the Assessment shall be governed by Section 15 of these Terms.
17.15 No Government Affiliation; No Agency Approval
Company is a private company. Company is not affiliated with, endorsed by, approved by, sponsored by, or connected to the FDA, FCC, NHTSA, EPA, CPSC, CBP, Amazon, or any U.S. government agency, regulator, marketplace, customs broker, testing lab, certification body, or private platform.
No agency, regulator, marketplace, customs broker, testing lab, certification body, or private platform has reviewed, approved, validated, certified, or endorsed the Assessment.
The Assessment does not constitute agency approval, agency guidance, marketplace approval, customs approval, import approval, product approval, filing approval, listing approval, or compliance approval.
18. Acceptance Confirmation
BY PURCHASING OR USING THE SERVICES, YOU CONFIRM THAT YOU HAVE READ AND AGREE TO THESE TERMS, INCLUDING THE BUSINESS-USE REPRESENTATION, SANCTIONS AND RESTRICTED-PARTY PROVISIONS, NO-LEGAL-ADVICE PROVISIONS, SCOPE LIMITS, NO-RELIANCE PROVISIONS, FEES AND REFUNDS, LIMITATION OF LIABILITY, INDEMNIFICATION, ARBITRATION, CLASS-WAIVER, JURY-WAIVER, AND TIME-TO-BRING-CLAIMS PROVISIONS.
IF YOU PURCHASE THE REGULATORY PATHWAY ASSESSMENT, YOU ALSO CONFIRM THAT YOU HAVE READ AND AGREE TO SECTION 17, INCLUDING THE ASSESSMENT-SPECIFIC BUSINESS-USE REPRESENTATION, FOREIGN BUYER ACKNOWLEDGMENT, SCOPE LIMITS, NO-RELIANCE PROVISION, FEES AND REFUNDS, ASSESSMENT-SPECIFIC LIMITATION OF LIABILITY, ASSESSMENT-SPECIFIC INDEMNIFICATION, AND ASSESSMENT-SPECIFIC NO-GOVERNMENT-APPROVAL PROVISIONS.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PURCHASE OR USE THE SERVICES.
Contact
US Compliance Agent LLC
Akron, OH 44303, U.S.A.
Email: support@uscomplianceagent.com
Phone: +1 234-281-9060
Web: www.uscomplianceagent.com
US Compliance Agent LLC is a private company. We are not affiliated with, endorsed by, approved by, sponsored by, or connected to the FDA, FCC, NHTSA, EPA, CPSC, CBP, Amazon, or any U.S. government agency, regulator, marketplace, customs broker, testing lab, certification body, or private platform. These Terms do not constitute legal, regulatory, customs, import, marketplace, business, or compliance advice.