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US Compliance Agent LLC — Terms of Service

 

Version 2.2 — Effective Date: October 15, 2026

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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, service-specific terms in Sections 5 and 5A, product-specific terms for the Regulatory Pathway Assessment in Section 17, and Schedule A (Service Catalog), which forms part of these Terms. 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.

 

 

Key Definitions

  • "Services" means the services listed in Schedule A that you purchase and Company accepts, including the Regulatory Pathway Assessment.

  • "Designation" means any designation, certification, acceptance, registration entry, or listing that identifies Company as your U.S. agent, agent for service of process, correspondence contact, or customer-service contact under a Service.

  • "Business Day" means Monday through Friday, excluding U.S. federal holidays.

  • "Business Hours" means 9:00 a.m. to 5:00 p.m. U.S. Eastern Time on a Business Day.

  • "Subscription Term" means the 12-month term of an annual designation subscription described in Section 7.

 

 

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; FCC Covered List; 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.

FCC Covered List. For FCC-related Services, you further represent and warrant that you are not identified on the Covered List maintained under 47 CFR § 1.50002 as an entity producing covered communications equipment, and that no Designation you request from Company relates to covered equipment. Company may decline to execute, or may revoke, any FCC-related Designation where this representation is untrue or cannot be confirmed.

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, correspondence-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. The limited relay and verification functions described in Section 5 are operational functions only and are not substantive communications, advice, or representation.

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, nothing in these Terms creates a general agency, fiduciary, legal representative, authorized representative, importer, customs broker, distributor, tax representative, customs representative, responsible person, responsible party, 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 responsible party, 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 Service

Company's role under each Service is limited to the specific operational functions described below, in Schedule A, and in 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

Company serves as the United States agent identified in your foreign establishment registration under 21 CFR 807.40. Company's role is limited to:

(a) receiving FDA communications directed to the U.S. agent and forwarding them to you under Sections 9 and 9A;

(b) relaying FDA questions concerning your imported devices to you, and relaying your written responses to FDA where FDA asks Company to do so;

(c) assisting FDA in contacting you to schedule inspections; and

(d) responding to FDA's U.S. agent verification request in FDA's electronic registration system. Company targets completing verification within two (2) Business Days after the latest of: Company's receipt of FDA's request, your notice to Company that your registration has been submitted, and completion of Company's screening under Section 3.

Company does not formulate or provide substantive answers to product, safety, classification, listing, registration, labeling, compliance, inspection, enforcement, or import questions. Company does not submit registrations, device listings, user fees, medical device reports, or premarket submissions, and does not act as your official correspondent unless agreed in a separate written agreement signed by Company. You acknowledge that FDA may provide information to the U.S. agent in place of contacting you directly, and that FDA may deactivate your registration if your U.S. agent information is invalid or unverified. You must notify Company when you submit or update your registration. Annual registration, device listing, and payment of FDA user fees remain your responsibility.

MoCRA / FDA Cosmetics

Company's MoCRA Service is limited to:

(a) serving as the U.S. agent contact identified in your cosmetic facility registration;

(b) receiving FDA communications directed to Company in that capacity and forwarding them to you under Sections 9 and 9A; and

(c) where FDA asks Company to confirm that Company is your U.S. agent, confirming that fact to FDA.

Company does not answer any other FDA question on your behalf; Company relays such questions to you under Section 9(c). No designation letter or countersignature is provided for this Service. 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. Facility registration renewal, product listing, and all related updates are your responsibility and follow FDA's schedule, which may differ from your Subscription Term.

FCC Equipment Certification

For equipment authorized under the FCC certification procedure, Company serves as your designated agent for service of process under 47 CFR § 2.911(d)(7), solely for matters related to the equipment identified in the executed Designation. Company's role is limited to accepting service of process and receiving Commission-related correspondence directed to Company as your agent, and forwarding them under Sections 9 and 9A. Company does not perform testing; prepare, file, or amend equipment authorization applications; communicate with any Telecommunication Certification Body ("TCB") on your behalf; issue grants; make technical compliance representations; maintain technical files; certify equipment; or act as a grantee, responsible party, or TCB.

Continuing FCC Obligation. The certification you sign under 47 CFR § 2.911(d)(7) obligates you to maintain a U.S. agent for service of process for no less than one year after the later of (i) permanently terminating all marketing and importation of the equipment in the United States, or (ii) the conclusion of any Commission-related administrative or judicial proceeding involving the equipment. Expiration, cancellation, or termination of your subscription does not end that obligation. See Section 11A.

FCC Supplier's Declaration of Conformity (SDoC)

Company is not, and may not be identified as, the responsible party under 47 CFR §§ 2.909 or 2.1077. Company's name, address, and contact information may not appear as the responsible party or U.S. contact in any SDoC compliance information statement, user manual, package insert, product label, product listing, or marketplace "responsible party" field. Any SDoC-related Service Company offers is limited to receiving and forwarding FCC-related correspondence sent to Company for you, and does not satisfy any FCC requirement for a U.S.-located responsible party.

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. Company's role is limited to preparing the designation document from the information you provide, signing the Acceptance by Designated Agent, and receiving and forwarding process and correspondence under Sections 9 and 9A. You submit the designation to NHTSA yourself through NHTSA's systems; Company does not file, coordinate, or communicate with NHTSA on your behalf. Any explanation Company provides about NHTSA portal or submission steps is general process information only and is not advice about which standards, reports, or filings apply to you. Company does not perform FMVSS compliance work, defect or noncompliance reporting, recall administration, certification, labeling, testing, or vehicle or equipment classification work.

NHTSA Designation Documents. NHTSA regulations impose signature and dating requirements for designations, including original ink signatures and a requirement that the designation by the manufacturer be dated on or before the agent's acceptance (49 CFR §§ 551.55 through 551.63). You are responsible for signing and dating your designation before returning it to Company, for the method by which the executed designation is submitted to NHTSA, for following any instructions NHTSA provides, for retaining the ink-signed originals, and for correcting and resubmitting any designation NHTSA rejects or asks to be revised. Where Company countersigns a printed copy of a document you signed, Company makes no representation that NHTSA will accept that document. On request, Company will countersign an ink-signed original that you deliver to Company at your expense.

Continuing NHTSA Designation. Under 49 CFR Part 551, a designation remains in effect until NHTSA receives a replacement designation or a written withdrawal. See Section 11A.

Marketplace Customer-Service Contact (Amazon INFORM)

Company provides a U.S. telephone number and email address that you may enter as customer-service contact details in a marketplace seller account, only where the marketplace's policies permit third-party contact details. Company relays inquiries received through those details to you under Section 9. Company's name, address, and contact information may not be entered as your business address, registered address, legal address, seller address, return address, or any address or contact used for identity, business, tax, bank, or address verification. Company does not represent that its information satisfies the INFORM Consumers Act (15 U.S.C. § 45f) or any marketplace policy, and does not guarantee that Amazon or any marketplace will accept Company's information, verify your account, prevent suspension, restore selling privileges, or remove any account-health notice.

Other Programs

Company does not provide EPA/TSCA, CPSC, FDA food facility, or other program services except under a separate written scope agreed and signed by Company. Unless so agreed, Company does not act as importer of record, customs broker, domestic manufacturer, certifier, authorized customs agent, filer, signer of TSCA import certifications, or person responsible for maintaining test records for any program. Any TSCA certification must be made by the importer or its authorized customs agent or filer.

Services Not Listed

Company does not provide any service that is not listed in Schedule A unless agreed in a separate written agreement signed by Company.

 

 

5A. Designation Documents, Screening, and Turnaround

(a) Intake and Screening. Where a Service requires a designation, certification, or acceptance signed by Company, Company will prepare and sign it only after receiving complete and accurate intake information and completing its screening under Section 3, including restricted-party screening and, for FCC-related Services, Covered List review.

(b) Turnaround Targets. Company targets (i) delivering prepared designation documents within one (1) Business Day after receiving complete intake information and completing screening, and (ii) countersigning documents you return within one (1) Business Day after receipt. These are operational targets, not guarantees.

(c) Right to Decline. Company may decline to prepare or sign any Designation, including where screening is not satisfied; information is incomplete, inconsistent, or cannot be verified; the requested role falls outside the Service purchased; or you or an affiliate has a U.S. entity or U.S.-resident principal able to serve in the requested role. If Company declines for a reason other than your breach, misrepresentation, or suspected sanctions, restricted-party, export-control, or fraud risk, Company will refund the fee for that Service.

(d) Signatory and Named Contact. Company may designate any authorized member, manager, or employee to sign on its behalf or to serve as its named contact person. Company may update its named contact person on written notice to you, and you agree to update any filing that identifies Company's contact person within ten (10) Business Days after that notice.

(e) Permitted Evidentiary Use. You may provide copies of an executed Designation to the applicable agency, TCB, customs authority, or marketplace solely as evidence of the Designation described in it.

 

 

6. Fees, Payment, Refunds, and Payment Disputes

6.1 Fees. 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.

6.2 Refunds. An initial Designation purchase is refundable in full if you request a refund by email to support@uscomplianceagent.com within seven (7) calendar days after payment and, before your request, (i) Company has not signed any designation, certification, or acceptance for you, and (ii) you have not entered, submitted, listed, or otherwise used Company's name, address, or contact information in any filing, registration, application, listing, seller account, document, or other material. The refund window closes when either event occurs, even if seven (7) calendar days have not passed. Refunds are also available as stated in Sections 5A(c) and 17.9. Duplicate charges and unauthorized payments reported within seven (7) calendar days will be refunded. Renewal fees are non-refundable once the renewal term begins. No partial, prorated, or early-termination refunds are provided. Approved refunds are issued to the original payment method.

6.3 Payment Disputes. 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. Subscription Term and Auto-Renewal

Term Start. Each Subscription Term begins on the date of initial payment, regardless of when intake is completed or a Designation is executed.

Auto-Renewal. Annual Designation subscriptions renew automatically for successive 12-month terms unless cancelled 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.

Renewal Notice. Company's payment processor, Stripe, sends a renewal notice to your billing email seven (7) days before the renewal date. The notice includes a link to manage your subscription, where you can update your billing address or payment method, or cancel. Failure to receive the notice does not prevent renewal unless required by law.

Cancellation. You may cancel at any time before the renewal date by using the subscription-management link in the renewal notice, by emailing support@uscomplianceagent.com, or by using any other cancellation method we make available. Cancellation stops future renewals; the Service continues until the end of the current Subscription Term. Cancellation does not end any regulatory obligation you have to maintain a U.S. agent or to update agency records. See Section 11A.

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, Changes, 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.

Changes. You must notify Company in writing within ten (10) Business Days after any change to your legal name, address, contact email, authorized contact, ownership or control, trade or brand names, the products or product categories covered by a Designation, or your registration or authorization status. You remain responsible for any change notice required by the applicable agency.

Secondary Contact. Company recommends that you provide at least one secondary email contact. Company may send forwarded items and notices to all contacts you designate.

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 updated by you in writing, as your authorized contact information for forwarded items, 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.

 

 

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9. Forwarding Service Levels

(a) Cut-Off. Items received after 3:00 p.m. U.S. Eastern Time on a Business Day, or at any time on a day that is not a Business Day, are treated as received on the next Business Day.

(b) Regulatory Mail. Company targets scanning and emailing regulatory mail addressed to you in Company's care on the Business Day it is received, and uses commercially reasonable efforts to do so within one (1) Business Day.

(c) Telephone and Email Contacts. Where an agency, court, TCB, marketplace customer, or other party contacts Company by telephone or email about you in connection with a Service, Company will use commercially reasonable efforts to notify or relay the contact to your designated contacts within one (1) Business Day. Company does not provide live call transfer, answering-service coverage outside Business Hours, or translation.

(d) Targets, Not Guarantees. Timing statements in these Terms, welcome emails, service pages, or other communications, including references to same-business-day forwarding, are operational targets and not guarantees or warranties. Company does not guarantee immediate review, receipt, delivery, agency acceptance, or that any forwarded item will be received, opened, translated, understood, or acted upon by you. Remedies for any delay are limited as set out in Section 12.

(e) Exclusions. Targets do not apply to incorrectly addressed items, items requiring payment or signature by you, suspicious or hazardous items, carrier delays, outages, system failures, or events described in Section 16 (Force Majeure).

(f) Retention. Physical mail may be securely destroyed 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.

(g) Your Monitoring. You remain solely responsible for monitoring all agency, marketplace, importer, broker, customs, filing, registration, listing, and regulatory accounts and deadlines.

 

 

9A. Service of Process and Legal Notices

(a) Forwarding. Where Company receives service of process, subpoenas, or other legal notices as your designated agent, Company will forward them under Section 9 and will request confirmation of receipt from your designated contacts.

(b) No Further Action. Company will not evaluate, calendar, respond to, appear in, defend, or retain counsel for any proceeding, and will not take any other action on your behalf. Response deadlines may run from the date of service on Company, not the date you receive the forwarded copy. You are solely responsible for responding on time.

(c) Confirmation to Serving Party. Company may confirm to the serving party, agency, or tribunal that it serves as your designated agent and that process was forwarded to you.

 

 

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, U.S. agent, correspondence, customer-service contact, or Designation function purchased, and may not be used as a manufacturer, "made for," "distributed by," importer-of-record, responsible-party, responsible-person, customs, shipping, labeling, packaging, warranty, returns, consumer-facing, banking, tax, business-registration, registered-agent, identity-verification, office, warehouse, fulfillment, or general business address, or for any other purpose, except customer-service contact details expressly permitted for the Marketplace Customer-Service Contact Service in Section 5.

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, except for the permitted evidentiary use described in Section 5A(e).

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, and make any agency filing described in Section 11A.

 

 

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, regulatory obligations, or any obligations that survive under these Terms.

 

 

11A. Post-Termination Regulatory Status

(a) Agency Records. Expiration, cancellation, or termination does not automatically remove Company from agency or marketplace records. You must promptly file any replacement, withdrawal, or update the applicable agency requires, including:

  • FDA medical devices: reporting a change of U.S. agent within the time FDA requires (currently ten (10) business days under 21 CFR 807.40);

  • FDA cosmetics (MoCRA): updating the U.S. agent contact in your cosmetic facility registration within the time required by law (currently sixty (60) days under 21 U.S.C. § 364c(a)(4));

  • NHTSA: submitting a replacement designation or written withdrawal under 49 CFR Part 551; and

  • FCC: meeting your obligations under your certification under 47 CFR § 2.911(d)(7), including maintaining a replacement agent for the required period.

(b) Company Notice of Resignation. Company may notify the applicable agency, TCB, or marketplace that Company no longer serves as your agent or contact (i) thirty (30) days after expiration or cancellation, or (ii) immediately upon misuse, nonpayment, chargeback, or suspected sanctions, restricted-party, export-control, or fraud risk.

(c) Interim Forwarding. For ninety (90) days after expiration or cancellation, or until Company's notice under Section 11A(b) takes effect or a replacement is recorded, whichever is earlier, Company will use commercially reasonable efforts to forward legal process and agency correspondence it receives regarding you to your last designated contacts, without charge and without assuming any other duty. After that period, Company has no obligation to forward items and may inform the sender that Company no longer serves as your agent.

(d) Renewal or Replacement. If a regulatory obligation to maintain a U.S. agent continues after your subscription ends, you must renew or appoint a replacement agent. Company has no obligation to continue serving after expiration, cancellation, or termination.

 

 

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, ANY FORWARDING, NOTIFICATION, RELAY, OR VERIFICATION ACTIVITY, 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; REGISTRATION DEACTIVATION; REGULATORY FINES; PENALTIES; REJECTED FILINGS; REJECTED LISTINGS; MISSED DEADLINES; DEFAULT JUDGMENTS; 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, TIMELINESS, 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, TIMELY, 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:

  • your products;

  • your product claims, ingredients, components, formulation, labeling, packaging, advertising, intended use, technical specifications, testing, certifications, documents, or sales channels;

  • your filings, listings, certifications, registrations, imports, shipments, labels, marketplace activity, or business operations;

  • information you provided or failed to provide;

  • your reliance or alleged reliance on the Services or the Regulatory Pathway Assessment;

  • your violation or alleged violation of law, regulation, agency guidance, customs requirement, marketplace policy, or third-party requirement;

  • your failure to maintain, replace, withdraw, or update any Designation or agency record;

  • your misuse of Company's name, address, signature, letter, contact information, Designation, documents, or work product;

  • your alteration, forgery, unauthorized reuse, unauthorized distribution, or unauthorized modification of Company documents;

  • legal process, agency actions, or claims directed to you and received by Company as your agent;

  • payment disputes, chargebacks, reversed payments, failed payments, or collection activity; or

  • 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, including relaying communications with an agency or confirming a Designation to an agency as described in Section 5, and confirming service under Section 9A; 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 resignation; 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

Incorporated Policies. The Refund Policy, Privacy Policy, and U.S. Agent Disclaimer published on Company's website are incorporated into these Terms by reference. If any of them conflicts with these Terms, these Terms control.

Order of Precedence. Section 17 controls over the general Terms with respect to the Regulatory Pathway Assessment only. In all other respects, the general Terms (including Schedule A) control over the incorporated policies, and the incorporated policies control over any other communication.

No website copy, marketing material, FAQ, welcome email, onboarding 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.

Changes to Terms. Company may update these Terms by posting a revised version with a new version number and effective date. Updated Terms apply to purchases made on or after their effective date. For subscriptions purchased before that date, updated Terms apply from the next renewal, provided Company sends notice to your contact email at least forty-five (45) days before that renewal date; otherwise they apply from the following renewal. Changes required by law, agency requirements, or sanctions compliance may apply when posted. Your continued use of the Services after updated Terms apply constitutes acceptance.

Entire Agreement. These Terms (including Schedule A), your order, and the incorporated policies 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, refunds, misuse, revocation, post-termination regulatory status, 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," "appears not to apply," "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, not 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, responsible party, 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:

  • product classification;

  • intended-use status;

  • 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;

  • whether any exemption, exception, exclusion, enforcement discretion policy, low-risk pathway, de minimis rule, or safe harbor applies;

  • whether any filing, listing, registration, certification, authorization, testing, labeling, disclosure, recordkeeping, reporting, import, customs, marketplace, post-market, recall, adverse-event, or safety obligation applies;

  • whether any U.S. agent, point of contact, responsible person, responsible party, authorized representative, importer, customs broker, domestic contact, or other designation is legally required or legally sufficient;

  • 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;

  • whether any product may be lawfully imported, listed, marketed, sold, distributed, advertised, labeled, or shipped in the United States; or

  • 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; Referral Outcome; Credit

Deliverable. 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.

Turnaround. Company uses commercially reasonable efforts to deliver the Assessment within two to three 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.

Referral Outcome. If Company determines that your facts are ambiguous, fact-dependent, or outside the scope of informational routing, the deliverable may consist of a written referral summary identifying the type of qualified professional to consult. A referral summary constitutes delivery of the Assessment.

Credit. The Assessment fee is credited toward one U.S. Designation service you purchase from Company within thirty (30) days after delivery of your Assessment, including delivery of a referral summary. The credit applies once, to a single Designation purchase, is not transferable, has no cash value, may not be combined with other offers or promotional discounts unless Company agrees in writing, and expires if not used within thirty (30) days. Company applies the credit as a one-time discount code or invoice credit issued to your contact email.

17.9 Fees; Refunds; Intake Deadline

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.

Intake Deadline. If you do not submit a completed intake within sixty (60) days after payment, Company may close the order after sending at least one reminder to your contact email. Because no work will have begun, Company will refund the Assessment fee if you request a refund in writing within thirty (30) days after the order is closed. After that period, the fee is non-refundable.

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:

  • your reliance or alleged reliance on the Assessment;

  • information you provided or failed to provide;

  • your products;

  • your product claims, ingredients, components, formulation, labeling, packaging, advertising, intended use, technical specifications, testing, certifications, documents, or sales channels;

  • your filings, listings, certifications, registrations, imports, shipments, labels, marketplace activity, or business operations;

  • your violation or alleged violation of law, regulation, agency guidance, customs requirement, marketplace policy, or third-party requirement;

  • your misuse, alteration, distribution, or unauthorized use of the Assessment;

  • payment disputes, chargebacks, reversed payments, failed payments, or collection activity;

  • your use or misuse of Company's name, address, signature, Designation, contact information, letters, documents, or work product; or

  • 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 SCHEDULE A, THE BUSINESS-USE REPRESENTATION, SANCTIONS, RESTRICTED-PARTY, AND FCC COVERED LIST PROVISIONS, NO-LEGAL-ADVICE PROVISIONS, SCOPE LIMITS, FORWARDING SERVICE LEVELS, SERVICE-OF-PROCESS PROVISIONS, POST-TERMINATION REGULATORY OBLIGATIONS, NO-RELIANCE PROVISIONS, FEES AND REFUNDS, AUTO-RENEWAL, 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, REFUNDS, AND INTAKE DEADLINE, 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.

 

 

Schedule A — Service Catalog

This Schedule lists the Services Company currently offers and Company's role for each. Company's duties for each Service are limited as described in Sections 5, 5A, 9, and 9A.

FDA Medical Device U.S. Agent

  • Company's role: U.S. agent identified in your foreign establishment registration; receives and forwards FDA communications; relays FDA questions and your responses; assists FDA in contacting you to schedule inspections; responds to FDA's U.S. agent verification request.

  • Company-signed document: None.

  • Reference: 21 CFR 807.40.

MoCRA Cosmetic Facility U.S. Agent

  • Company's role: U.S. agent contact identified in your cosmetic facility registration; receives and forwards FDA communications; confirms to FDA, when FDA asks, that Company is your U.S. agent.

  • Company-signed document: None.

  • Reference: Federal Food, Drug, and Cosmetic Act, cosmetic facility registration requirements as amended by the Modernization of Cosmetics Regulation Act of 2022.

FCC Equipment Certification — U.S. Agent for Service of Process

  • Company's role: designated agent for service of process for the equipment identified in the Designation; receives and forwards process and Commission-related correspondence.

  • Company-signed document: Designation of U.S. Agent for Service of Process (certification signed by you and Company).

  • Reference: 47 CFR § 2.911(d)(7).

FCC SDoC Correspondence Forwarding

  • Company's role: receives and forwards FCC-related correspondence sent to Company for you. Not a responsible party under 47 CFR §§ 2.909 or 2.1077 and does not satisfy any U.S. responsible-party requirement.

  • Company-signed document: None.

NHTSA Agent for Service of Process

  • Company's role: prepares the designation document from your information; signs the Acceptance by Designated Agent; receives and forwards process and correspondence. You submit the designation to NHTSA yourself.

  • Company-signed document: Acceptance by Designated Agent.

  • Reference: 49 U.S.C. § 30164; 49 CFR Part 551, Subpart D.

Marketplace Customer-Service Contact (Amazon INFORM)

  • Company's role: provides a U.S. telephone number and email address for use as customer-service contact details where the marketplace permits; relays inquiries to you. Not a business, legal, return, or verification address.

  • Company-signed document: None.

Regulatory Pathway Assessment

  • Company's role: one-time informational routing summary or referral summary under Section 17.

  • Company-signed document: None.

Other programs (including EPA/TSCA): available only under a separate written scope agreed and signed by Company.

 

 

Contact

US Compliance Agent LLC Akron, OH 44303, U.S.A.

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.

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