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Welcome to the Terms and Conditions of Use page ("Terms") for the website www.usimmigration.us (the "Website"), which is owned and operated by US Immigration Technology LLC, a Delaware limited liability company (referred to herein as "we," "our" "us" or "Company"). These Terms create an agreement between you and us applicable to your use of our Website. We reserve the right, at any time, to modify, alter, or update these Terms, and you agree to be bound by such modifications, alterations, or updates once they are posted on our Website. You acknowledge and agree that Company's Privacy Policy, as contained on this Website, is incorporated herein by this reference and is thereby a part of these Terms.

Filling out U.S. immigrations forms is not an easy task. Our Website is designed to provide software which will enable you to fill out U.S. immigration forms by yourself based on the specific information and direction which you provide, which we then deliver to you along with the original Government instructions. On our Website you will also find helpful information regarding immigration issues and related products. We cannot control in any manner the requirements of the United States Citizenship and Immigration Service and the United States Department of State and what information and/or documents are required in their respective applications, but our goal is to guide you through the application process based on your specific direction. Our information, products, and software to fill out U.S. immigration forms is collectively referred to as our "Service" or "Services". All of our Services are subject to these Terms, and any payment we receive shall be in exchange for our Services.

Please note that we are not a law firm and neither we nor any of our employees or representatives provide legal services or legal advice. Further, use of the Website does not create any relationship to the same effect as that between a lawyer and client. We also are not a government agency and are not affiliated with nor endorsed by any government agency. Our Services do not substitute for the advice of a lawyer. We make no representations or warranties, express or implied, regarding the legal or other consequences resulting from your use of the Website and/or the Service. If you have specific or unique problems which are complex or require legal advice, please consult with and obtain legal advice from a qualified lawyer. Please note that decisions regarding the contents of any particular field in the software we provide, as well as the choice of the relevant form itself, are solely and exclusively your own.

Should you object to any of these Terms, Company's Privacy Policy, any of our guidelines, or any subsequent modifications thereto or become dissatisfied with Company or the Website in any way, you should immediately discontinue use of the Website. These Terms will remain in full force and effect as long as you are a user of the Website and in the event of termination of any membership, service or feature, you will still be bound by your obligations under these Terms, including any indemnifications, warranties and limitations of liability.

You agree that by using, or continuing to use, the Website you agree unreservedly to the Terms, as such Terms may be modified, and any use of the Services by you after the Terms have been modified on this Website shall constitute your acceptance of these Terms, as modified. You agree that Company is permitted to access and use any other information provided by you to perform the Services and, if necessary, to access such information to obtain contact information in order to provide notifications relating to the Services provided to you by the Company.

You warrant and acknowledge that you are:

  1. at least eighteen (18) years of age, and

  2. entitled in law to enter into a contract subject to the Terms.

Access to the Services and Website

We reserve the right to terminate or deny your access to the Website at any time in our absolute and sole discretion. We grant you a non-exclusive, limited, revocable, non-transferable license to access the Website and use the Services for your own personal use, and not to download or modify it or any portion thereof (other than as expressly permitted by Company.) Except for the limited license mentioned above, you are not granted by the Terms or your use of the Website or otherwise in any way any right or license in or to any intellectual property rights owned by or licensed to us or any third party and used on or in relation to the Website and its content, including the 'look and feel' of the Website. You agree not to attempt in any way to use the Website after any termination or denial of access by us. Without prejudice to any other relief against you for unlawful conduct, a breach in any way by you of any of the Terms shall result in the automatic termination, without notice to you, of your license to access the Website and utilize the Services.

Pricing

Prices posted on the Website are the fees which are payable to us for your use of the Services. Additional processing and filing fees (if any, the "Government Fees") are payable either to the U.S. Citizenship and Immigration Services (formerly known as the INS) ("USCIS") or to the U.S. Department of State. These additional Governmental Fees are not included in the price for the Services posted on the Website. You must pay these Government Fees separately at the time your application is submitted.

Your Personal Account

You may browse the Website and view certain content without registering, but as a condition to using certain aspects of the Website, you are required to register with us and select a password and email address ("User Identification"). When you sign up and create an account, you are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another person at any time or to disclose your password or to any third party. You agree to notify us immediately in writing if you suspect any unauthorized use of your account or access to your password and to immediately change your password. You are solely responsible for any and all use of your account. In relation to the User Identification, you agree to provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account with us. You shall not

  1. select or use as a User Identification either the name or email of another person with the intent to impersonate that person;

  2. use as a User Identification either a name or email subject to any rights of a person other than you without appropriate authorization; or

  3. use as a User Identification either a name or email that is otherwise illegal, offensive, vulgar or obscene.

We reserve the right to refuse registration, cancel a User Identification or deny your access to the Website in our sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password and security information.

Restrictions on Use of Website

You may not:

  1. make any resale or commercial use of the Website or its content;

  2. make any derivative use of the Website or its content;

  3. use any data mining, robots, or similar data gathering and extraction methods within the Website,

  4. copy, reproduce, republish, upload, post, transmit, or distribute in any way any materials or products found on the Website unless we permit such actions;

  5. use, frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including the layout or design of any page of the Website);

  6. use any meta tags or any other "hidden text" utilizing the same or similar name, trademark, or product name of the Company without our prior written permission or as expressly permitted herein;

  7. remove any copyright, trademark or other proprietary rights notices contained on the Website;

  8. use the Website or its content for any unlawful purpose;

  9. make any resale or commercial use of the Website or its content; or

  10. take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') servers.

Limitations on Services

USCIS publishes updated forms or changes filing fees from time to time. If you expect to delay submitting your application to USCIS, be sure to confirm that the form you have printed is still being accepted by USCIS prior to filing and that the amount of the filing fee is still correct. You can check whether your form is still current and the current filing fee at any time by logging into our Application Support Center. You acknowledge that we are not responsible for any denial of your immigration application by USCIS for any reason whatsoever (including delivery requirements and/or the appropriateness of your immigration application form(s).We are not responsible for USCIS not following their own published guidelines as made available to the general public via their website. You acknowledge that we may establish limits concerning use of the Services and we reserve the right at any time to modify the Services (or any part thereof), including but not limited to the Website's content, functionality or hours of availability, upon publishing notice of such changes on the Website.

None of the above referenced limitations on Services will be cause for a refund for Services and we shall not be liable to you or to any party for any modification, suspension or discontinuance of the Services.

The Website may contain links to other websites, which are completely independent of this Website and are provided to you only as a convenience. We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in, or the products or services provided or sold by, any such site. Your linking to any other websites is at your own risk and you acknowledge that you bear all risks associated with access to and use of any content, information, data, advertising, products, services, or materials on or available through such websites, and your access to and use of such websites is subject to the terms and conditions of use applicable to such websites. You agree that we are is not responsible for any loss or damage of any sort you may incur from dealing with such third party website(s).

Ownership

All right, title and interest in and to all the Website and content thereof and all related intellectual property rights and other legal rights (excluding any governmental forms and documents), are owned either by us or by third party authors, developers, or vendors who have licensed the same to us but in no event by you. Nothing on this Website shall be construed to confer any license under any of Company's intellectual property rights, whether by implication, estoppel, or otherwise, other than the limited license set forth herein, and in no event shall you have any ownership rights whatsoever. Any rights not expressly granted herein to you are hereby reserved by us.

Refund Policy

  1. Online Application Service ("Online Application Service")

    All Online Application Service refund requests must be within ninety (90) days from the original payment date. If an online Application Service refund request is made before you click the "Print", "Finish" or "Complete" button, Company will refund the full Purchase Price of the Online Application Service.

    If an Online Application Service refund request is made after you click either the "Print", "Finish" or "Complete" button, Company will not issue a refund since your customized form will have been successfully created and delivered to you.

  2. DVDs, CDs, Books/Kits, Audiotapes, Videotapes or Other Hard Product ("Hard Product")

    If a Hard Product order is canceled before the Hard Product is shipped to you, Company will refund the full Purchase Price of the Hard Product.

    If a Hard Product order is canceled after the Hard Product is shipped to you, Company will not issue a refund. If you are mistakenly sent a different Hard Product than the Hard Product that you ordered, or if your Hard Product is defective upon receipt, Company will send you a replacement of the Hard Product that you ordered at no additional cost to you.

  3. Downloadable E-Books or Products Excluding Online Application Service ("Downloadable Product")

    We will refund the Purchase Price of the Downloadable Product (also referred to as "E-Books") if you are unable to download or view the Downloadable Product and your request for a refund is within fourteen (14) days from the date the order was submitted. In addition, no refund of any kind will be made after fourteen (14) days from the date the order was submitted.

  4. Multiple Products Bundled Together in One Order ("Bundle")

    For each item purchased within a Bundle, its respective refund policy applies as outlined above. In addition, if all items are not returned from a Bundle or if all items from a Bundle are not eligible for a refund pursuant to the refund policies as outlined above, then the item(s) that is/are eligible for a refund will have its/their refund amount adjusted as follows: the refund amount due for the item(s) returned, as determined by applying its respective refund policy(s) as outlined above, will be reduced by the "Bundle Discount," which is defined as the aggregated, non-discounted Purchase Price of each individual item within the Bundle minus the Purchase Price actually paid for the Bundle.

  5. Special Offers ("Special Offer")

    From time to time, we may promote a Special Offer on our website or via email or any other place of its choice. If there is a conflict between these Terms and any terms and conditions or refund policies that are exclusively written for and included with that Special Offer, the Special Offer terms apply.

  6. Miscellaneous

    In order to be eligible for any sort of refund or exchange, you must contact our customer care service ("Customer Care") via telephone during regular business hours to cancel your order and initiate a refund request. Customer Care can be reached at the telephone number provided to you once you are logged in to the Application Center Home Page on the Website. You may also Contact Us and request that a representative from Customer Care contact you about a refund request at a telephone number that you provide in your email.

    No refund of any kind will be made on any product after ninety (90) days from the original payment date.

    Unless specifically stated to the contrary herein, all refunds will be calculated based on the Purchase Price paid at the time of purchase. Refunds for credit and debit card transactions are issued within fifteen (15) business days, however please be aware that it can take your bank up to five (5) additional business days for the credit transaction to post to your credit card or bank account.

    We will not be liable for any refund amount due to technical problems on your computer, including but not limited to: printer malfunction, inability to install Adobe Acrobat Reader, and/or problems due to Internet connectivity.

    Notwithstanding anything to the contrary herein, with respect to the Online Application Service only, if you are a resident of the state of California, Illinois, Maryland, Michigan, Minnesota, New York or Washington you shall have the right to rescind the transaction for any reason, and receive a full refund, within either seventy two (72) hours or three (3) business days of entering into the contract for such services, whichever is longer.

We respect the intellectual property rights of others, and requires that all of our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. We have the right to terminate a user's use of the Website for such actions. If you believe your work has been copied and posted on the Website in a way that constitutes copyright infringement, please send our Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Website; (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature.

Notices to our designated Copyright Agent to receive notifications of claimed infringement should be mailed to: US Immigration Technology LLC, c/o "Copyright Agent", 1000 N. West Street, Wilmington, DE 19801. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to our customer service department via our Contact Us page. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

Limitations of Liability and Damages

Under no circumstances shall company be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if company has been advised of the possibility of such damages), resulting from any aspect of your use of the website or the services, whether the damages arise from use or misuse of the website or the services, from inability to use the website or the services, or the interruption, suspension, modification, alteration, or termination of the website or the services. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the website or the services or any links on the website, as well as by reason of any information or advice received through or advertised in connection with the website or the services or any links on the website. These limitations shall apply to the fullest extent permitted by law. You acknowledge that company has set its prices and provided access to or use of the website and the services, and/or any content in reliance of the limitations of liability and damages and the indemnity set forth herein.

Disclaimer of Warranties

You agree that use of the website is entirely at your own risk. We assume no responsibility for errors or omissions in the website or its content. The website is provided on an "as is" or "as available" basis, without any warranties of any kind. We do not warrant the accuracy or completeness of the information, text, graphics, links, audio visual recordings, pictures or other items contained within the website's content. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, we disclaim any warranties for the security, reliability, timeliness, accuracy, and performance of the website. To the fullest extent permitted by law, we disclaim any warranties for other services or goods received through or advertised on the website, or accessed through any links on the website. To the fullest extent permitted by law, we disclaim any warranties for viruses or other harmful components in connection with the website. We make no commitment to update the information contained in the website. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use this website. And all charges related thereto. Your use of this website and any products provided through the website or any third party website are entirely at your own risk.

Indemnity

You agree to defend, indemnify and hold Company, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers and employees, harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of your use of the Services and the Website, your violation of the Terms, or your breach of any of the representations and warranties herein.

Enforcement of Terms

We may investigate fully any reported breach of the Terms or other complaints, and take any action which we deem, in our absolute and sole discretion, to be appropriate. For the avoidance of doubt, we are not obligated to take any such action. We are not be liable to you or any third party for any termination of your access to the Website, and you agree not to attempt to use the Website after said termination. We also reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials or other third parties. In order to protect our rights, property, personal safety, and those rights, property and the personal safety of our users and viewers, and to ensure the integrity and operation of our business and systems, we may choose to cooperate with any law enforcement request for information or documents, any administrative, civil or criminal subpoena, or any court order, and we may disclose your information (including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing traffic information, and usage history regarding a user in connection with such circumstances.

User Acknowledgments

By using the Website, you agree that (a) Company is not representing you in any legal matter; (b) there is no attorney-client privilege with Company; (c) you have been informed of the Services that Company is performing, and the cost of these Services; and (d) no governmental entity or authority has evaluated or approved Company's knowledge or experience, or the quality of Company's Services.

A portion of the money paid by you may, as shown on the Website and in your receipt, may be a fee for legal services to be provided to you directly by an independent immigration lawyer (“Lawyer”). This Lawyer is not employed by Company. Your terms of your agreement and the nature of your relationship with the Lawyer is governed by a separate Limited Scope Representation Agreement between you and the Lawyer. Company is not a party to that agreement. The Lawyer’s representation of you, if any, will be limited to the services described in the Limited Scope Representation Agreement, unless you and the Lawyer otherwise agree in writing.

Customer Care - Technical Issues

If you encounter a technical problem when attempting to print or otherwise access your completed application, or some other problem when attempting to utilize the Services, Customer Care may be able to assist you with your problem. If you contact Customer Care and request that your completed application be sent to you, you acknowledge and agree that you are specifically authorizing Customer Care to log in to your account to generate your application and then view your application data to ensure that it was generated properly. You further acknowledge and agree that we are not liable in the event that your application data is somehow misappropriated. If you contact Customer Care and request that a customer service representative remotely control your computer in order to try to resolve your technical problem, you acknowledge and accept that we are not liable for any technical problems that may persist or arise with your computer after doing so.

Arbitration

If you and our Customer Care Center cannot resolve your complaint to your satisfaction, or if we have not been able to resolve a dispute with you after trying to do so informally, we each agree to resolve those disputes through binding arbitration rather than in court. Company and you agree to binding arbitration regarding any and all disputes and claims between us ("Claims") before a single arbitrator located in Wilmington, Delaware, chosen by the American Arbitration Association ("AAA"). The arbitration shall be conducted in accordance with AAA's rules and procedures, except as expressly modified by this paragraph. The arbitrator's decision on the Claims shall be a final and binding determination and shall be fully enforceable as an arbitration award in any court having jurisdiction and venue over the parties. The arbitrator shall also award the prevailing party his/her or its attorneys' fees, and the other party shall pay the arbitrator's fees and expenses. For such purpose, the arbitrator shall determine the prevailing party. Each party to this Agreement submits to the exclusive jurisdiction of the courts located in Wilmington, Delaware, for purposes of compelling arbitration or giving legal confirmation of any arbitration award. Claims would include but not be limited to claims arising out of or relating to any aspect of our relationship, claims that arose before these Terms became effective, claims that may arise after the termination of these Terms, claims that are subject of a purported class action litigation in which you are not a member of a certified class.

Your use of this Website and/or the purchase of any Services constitutes your agreement to the Terms which included resolving any dispute thru binding arbitration. For the purposes of arbitration, references to "Company," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Services under these Terms or any prior agreements between us. This arbitration provision does not preclude you bringing issues to the attention of federal, state, or local agencies.Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Company are each waiving the right to a trial by jury or to participate in a representative, group, collective or class action or arbitration. You acknowledge that use of this Website and/or purchase of Service constitutes a transaction in interstate commerce. The Federal Arbitration Act ("FAA") governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement survives termination of these Terms.

A party seeking arbitration under these Terms must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to Company should be addressed to: US Immigration Technology LLC, c/o"Notice Agent", 1000 N. West Street, Wilmington, DE 19801 (the "Notice Address"). Company may send a written Notice to the electronic mail address that you provided when you created an account, if any. The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If Company and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Company is entitled.

You may download or copy a form Notice from https://www.usimmigration.us/legal/notice-of-dispute.pdf. You may download or copy a form to initiate arbitration from the AAA website at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015820. (There is a separate form for California residents, also available on the AAA's website at: http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) After we receive notice at the Notice Address that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your total claim is for more than $75,000. If your total claim exceeds $75,000, the payment of all arbitration fees will be governed by the AAA rules. The filing fee for consumer-initiated arbitrations is currently $200, but this is subject to change by the arbitration provider. If you are unable to pay this fee and your total claim is for $75,000 or less, we will pay the filing fee directly after receiving a written request at the Notice Address. Except as otherwise provided herein, we will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with these Terms. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse us for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. All arbitration proceeding will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") of the AAA, as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by these Terms. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide. Unless we and you agree otherwise, any arbitration hearings will take place in the county or parish of the contact address you submitted to us. If your total claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephone hearing, or by an in-person hearing governed by the AAA Rules. If you choose to proceed either by telephone or in person, we may choose to respond only by written or telephone. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a telephone or in-person hearing. The parties agree that in any arbitration under these Terms, neither party will rely on any award or finding of fact or conclusion of law made in any other arbitration to which we were a party. In all cases, the arbitrator shall issue a reasoned, written decision sufficient to explain the findings of fact and conclusions of law on which the award is based.

The arbitrator may award monetary and injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim You and the company agree that each may bring claims against the other only in your or its individual capacities and not as plaintiffs or class members in any purported representative, group or class action or arbitration, or in the capacity of a private attorney general. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative, group or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. All other claims remain subject to this Arbitration Agreement.

If the total amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.

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

In order to contact Company regarding a complaint about the Service, please Contact Us.

Choice of Law

The Terms and the relationship between you and Company shall be governed by the laws of the State of Delaware without regard to any conflicts of laws principles.

General Information

The Terms constitute the entire agreement between you and us and govern your use of the Website and the Services, superseding any prior agreements between you and us. Any failure by us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms do not limit any rights that we may have under trade secret, copyright, patent or other laws. The our employees are not authorized to make modifications to the Terms, or to make any additional representations, commitments, or warranties binding on us, except in a writing signed by one of our authorized officers. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website, and/or the Services and/or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. You also agree that the Terms shall not be construed against the drafting party, i.e., Company. You warrant, represent and agree that, by accessing and/or using of the Website, its content and/or the Services, you:

  • do so with knowledge of any and all rights that you may have with respect to the provisions of these Terms,

  • have carefully read and considered these Terms and fully understand its contents and the significance of its contents,

  • are consenting to these Terms of your own informed and free will, based upon such party's own judgment and without any coercion or fear of retaliation, and

  • you have been afforded the opportunity to obtain independent legal advice with respect to these Terms.

Further, unless both you and us agree otherwise, the trier of fact may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. In addition, in the event of a breach of these Terms by you, we will, in addition to all other remedies available to it, be entitled to equitable relief by way of a temporary restraining order, or preliminary or permanent injunction and any other legal or equitable remedies.

Last Update: November 1, 2015