Please read carefully the following provisions of these Terms of Service (this “Agreement” or “Terms of Service”). This is a legal agreement between you and Shop Immigration, Inc., a Delaware corporation (“Shop Immigration”, “we” or “us) regarding the use of the website located at www.shopimmigration.com, all affiliated websites, including mobile websites and applications, owned and operated by us, or our predecessors or successors in interest (collectively, the “Site”), all services, applications and products that are accessible through the Site and all our mobile applications that link to or reference this Agreement (collectively, the “Shop Immigration Services”).
Shop Immigration Services provides a platform where clients (the “Clients”) who seek immigration and naturalization related legal help (collectively, “Services”) and service providers who offer to provide such Services to the Clients (“Service Providers” and together with the Clients, the “Users”), can identify each other and advertise, buy, and sell Services. It also provides a convenient method to process payments and also provides general information regarding immigration law and procedures. Through the Shop Immigration Services, Shop Immigration facilitates the interaction between Clients and Service Providers, but does not act as a party to the provision of the Services or any Contract (as defined below). If Users agree on terms for the Services, a service contract (a “Contract”) is formed directly between such Users, subject to the provisions set forth in Section 4 of this Agreement.
Shop Immigration is not a law firm or a lawyer referral service. Shop Immigration does not provide any legal services, legal advice, and does not provide or participate in any legal representation. No content provided by Shop Immigration (including articles on substantive and procedural legal matters) is to be construed by anyone as any type of legal advice. Except for the limited money-back guarantee as set forth in Section 4(F), Shop Immigration does not make any warranty, guarantee, or representation as to the legal ability, competence, quality, or qualifications of any Service Provider or that a Service Provider carries an adequate (or any) malpractice policy. Shop Immigration further does not guarantee that Service Provider will be paid for the provision of the Services by Client. While Shop Immigration uses its commercially reasonable efforts to make sure that each Service Provider is licensed in the state that the Service Provider claims to be and has not been subject to disciplinary and related actions by the relevant state bar association, Shop Immigration does not continually monitor such matters. Except for the limited money-back guarantee as set forth in Section F, Shop Immigration does not guarantee any results regardless of any guarantees, representations, or promises made by the Users. Shop Immigration shall not be responsible for any errors or omissions of any Service Provider. Shop Immigration strongly encourages its Users to carefully investigate the Users with whom they enter into Contract prior to entering into the Contract or delivering or accepting any legal advice.
Under no circumstances will Shop Immigration tolerate or acquiesce to any immigration related fraud and we reserve the right to immediately terminate the account of any User who we suspect engages in such activities.
Each User is responsible for maintaining the confidentiality of such User’s Account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your Account. You may never use another User’s Account without permission. We reserve the right to close your Account at any time for any or no reason.
The Shop Immigration Services is available through Facebook, LinkedIn, and Google services, which requires an active account with the applicable service, and you hereby represent and warrant that you have read and agreed to be bound by all applicable policies governing the use of such service and will act in accordance with those policies, in addition to your obligations under these Terms of Service. If you sign into Shop Immigration Services through Facebook, LinkedIn, or Google service, you will provide your account credentials with such service to Shop Immigration, and you are consenting to have the information in that account transmitted into your Shop Immigration account, and you agree that you shall only use the accounts owned by you, and not by any other person or entity.
a. Contract. Service Provider and Client enter into a Contract to perform specific Services when Client accepts Service Provider’s offer through the Shop Immigration Services. You acknowledge and agree that Shop Immigration is not a party to any Contract, and that the formation of a Contract between Users will not, under any circumstance, create an employment or other service relationship between Shop Immigration and any User; nor will it create any attorney-client relationship between Ship Immigration and any User. You acknowledge and agree that Service Providers are not employees, agents, or independent contractors of Shop Immigration. You acknowledge and agree that Shop Immigration (i) does not, in any way, supervise, direct, or control Service Providers; (ii) does not set Service Providers’ Contract terms, (iii) does not provide Service Providers with training or any equipment, labor, or materials needed for a particular Contract; and (iv) does not provide the premises at which the Service Providers will perform the work.
b. Provision of Services. The manner and means of performing the Services will be determined and controlled solely by Service Provider, who is engaged by Client as an independent contractor. To the extent that Service Provider uses other parties (individuals or entities) (“Assistants”) to perform the Services, Service Provider agrees and acknowledges that:
Assistants are not employees, independent contractors, or agents of Shop Immigration or Client;
Service Provider is solely responsible for all payments, obligations, wages, costs, unemployment insurance, workers’ compensation insurance, contributions, and expenses of Assistants;
Neither Shop Immigration nor Client has the right or power to supervise or control Assistants;
No Assistant will have any claim under the Terms of Service for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, contributions, or any other employee benefits of any kind from Shop Immigration or Client;
c. Termination of Contracts. A Client and the Service Provider has the right to terminate a Contract at any time with or without the consent of the other party (subject to any restrictions imposed by the applicable laws).
d. Refunds. Any refunds following the termination of a Contract shall be given by the Service Provider in accordance with the Contract and applicable laws.
e. Confidentiality. To the extent a Client provides Confidential Information to Service Provider, the Service Provider will protect the secrecy of Client’s Confidential Information in accordance with applicable rules of professional responsibility and all applicable laws, and will: (a) not disclose or permit others to disclose Client’s Confidential Information to anyone without first obtaining the express written consent of Client; (b) not use or permit the use of Client’s, except as necessary for the performance of the Services (including, without limitation, the storage or transmission of Confidential Information on or through the Shop Immigration Services); and (c) limit access to Client’s Confidential Information to its personnel who need to know such information for the performance of the Services.
a. All fees payable by a Client for legal representation are payable to Service Provider, and not to Shop Immigration. Shop Immigration does not provide legal services and does not charge for legal services. Shop Immigration charges Users a separate fee for the access to the Shop Immigration platform (the “Service Fee”). Currently, the Service Fee equals to 20% of the fee agreed between a Client and a Service Provider. Payments made by Clients through the Shop Immigration Services for the legal services are transferred directly to the Service Provider, less any associated service and processing fees. When a Client pays a Service Provider, or when funds related to a Contract are otherwise released to a Service Provider, Shop Immigration will automatically deduct the Service Fee from Contract Fees. Client agrees to pay the Service Provider the amount agreed on in the Contract and the associated Service Fee. You agree to provide Shop Immigration with valid means of payment and keep us updated concerning any changes in the payment method.
b. By agreeing to these terms, you grant Shop Immigration permission to charge your approved payment method for the amounts agreed on in the Contract and the associated Service Fee. Depending on the Contract specifications, Shop Immigration may charge you on a one-time or recurring basis. In the case of charges on recurring basis, the Service Fee shall be deducted in proportion to each charge.
c. Taxes. Service Provider will be solely responsible for determining whether: (a) Service Provider or Shop Immigration is required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges applicable to the Contract and remitting any such taxes or charges to the appropriate authorities on behalf of itself or Shop Immigration, as appropriate.
d. Payment Methods.
1- For purposes of this Agreement, Payment Method means a valid credit card issued by a bank acceptable to Shop Immigration, a bank account linked to your Account, a PayPal account, a debit card, or such other method of payment as Shop Immigration may accept from time to time in its sole discretion.
2- User hereby authorizes Shop Immigration to run credit card authorizations on all credit cards provided by User, to store credit card and banking or other financial details as User’s Payment Method, and to charge User’s credit card (or any other Payment Method).
3- When Client authorizes the payment of the Contract fee, Client automatically and irrevocably authorizes and instructs Shop Immigration to charge Client’s Payment Method for the Contract fees and the Service Fee.
4- By providing Payment Method information through the Shop Immigration Services, Client represents, warrants, and covenants that: (a) Client is legally authorized to provide such information; (b) Client is legally authorized to perform payments using the Payment Method(s); and (c) such action does not violate the terms and conditions applicable to Client’s use of such Payment Method(s) or applicable law. When Client authorizes a payment using a Payment Method via the Shop Immigration Services, Client represents, warrants, and covenants that there are sufficient funds or credit available to complete the payment using the designated Payment Method. To the extent that any amounts owed under this Agreement or the other Terms of Service cannot be collected from Client’s Payment Method(s), Client is solely responsible for paying such amounts by other means.
d. Shop Immigration’s Right to Suspend Disbursements. Notwithstanding any other provision of the Terms of Service, and except as prohibited by applicable law, if we determine in our sole discretion that you have violated the Terms of Service, or if we required additional information, or suspect fraud, we may hold the disbursement of fees due under the Contract.
e. Non-payment by Client. If Client fails to pay the Contract Fees, whether by canceling Client’s credit or debit card, initiating an improper chargeback, or any other means, we may suspend or close Client’s Account and revoke Client’s access to the Shop Immigration Services. Without limiting other available remedies, Client must pay Shop Immigration upon demand for amounts owed under the Terms of Service, plus interest on the outstanding amount at the greater of one and one-half percent (1.5%) per month or the maximum interest allowed by applicable law, plus attorneys’ fees and other costs of collection to the extent permitted by applicable law.
f. Non-Circumvention. Each User must use the Shop Immigration Services as such User’s exclusive method to request, make and receive all payments for all Services directly or indirectly arising from a Client being connected with a Service Provider through the Shop Immigration Service. Circumventing the Shop Immigration Services for payment purposes will result in termination of the violator’s Accounts.
F. Limited Money Back Guarantee Program
a. Money Back Guarantee for Incompetent Services. Shop Immigration will refund the Client’s payment under the Contract and the associated Service Fee if it determines, in accordance with Section G below, that the Service Provider’s Services were not rendered competently. In this event, Shop Immigration shall refund the Client’s payment to the payment method used to make such payment. Service Provider acknowledges and agrees to reimburse Shop Immigration in the full amount, including the Service Fee that Shop Immigration would have earned if it had not refunded the Client’s payment. Any request for refund of fees pursuant to this Section 4(F)(a) must be made within 120 days after the last provision of Services under a Contract.
b. Special Money Back Guarantee. Some Service Provider offer a special limited Money Back Guarantee to Client (the “Special Money Back Guarantee”). A Client is entitled to the Special Money Back Guarantee in the event the Client’s case is denied by the requisite immigration authorities, including the U.S. Immigration and Customs Enforcement (ICE), for any reason, other than for Client’s gross negligence or misconduct (e.g., failing to appear to an interview; appearing at an interview under influence of drugs or alcohol) or provision by Client of false information or failure to provide relevant information to Service Provider (e.g., failure to disclose prior convictions). Any request for refund of fees pursuant to this Section 4(F)(b) must be made within 120 days after the last provision of Services under a Contract.
G. Dispute Resolution
a. Dispute Resolution Program. If Client and Service Provider fail to come to a mutual resolution of any conflict (a “Dispute”), Shop Immigration will review the Dispute and propose a binding resolution.
1- Either Client or Service Provider may institute a request for Dispute resolution through the Shop Immigration Services. Any such request must be made not later than 120 days after the last provision of Services under a Contract. “Dispute” means a dispute between a Client and Service Provider concerning a Contract.
2- The Shop Immigration will notify Client and Service Provider by providing a notice of Dispute along with a request for information and supporting documentation (if any).
3- If either Client or Service Provider respond to the notice of Dispute and request for information, then Shop Immigration will review the documentation submitted and any information available through the Shop Immigration Service that pertains to the Dispute. After review, the Shop Immigration will propose a binding resolution based on the results of the review. You agree that Shop Immigration is authorized to decide the Dispute within its discretion. You agree that Shop Immigration’s decision is final, that it may be entered in and enforced by any court of competent jurisdiction.
H. Responsibility for Your Content.
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by the Shop Immigration. For purposes of these Terms of Service, the term “Your Content” means any information, messages, images, photos, videos, files, personal or technical data, or any other type of information that you transmit or post through the Shop Immigration Services, including but not limited on your Business profile.
You agree not to transmit Your Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, pornographic, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current.
You agree that Your Content does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. We reserve the right, but are not obligated, to reject and/or remove any of Your Content that we believe, in our sole discretion, violates these provisions. For the purposes of these Terms of Service, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
You further agree that you will not use the Shop Immigration Services to collect Content from anyone, whether for commercial use or any other kind of use, without first obtaining their consent and first making it clear that you (and not us) are the one collecting their Content.
We take no responsibility and assume no liability for any of Your Content that you or any other User or third party posts or sends over the Shop Immigration Services. You shall be solely responsible for Your Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of Your Content. You understand and agree that you may be exposed to Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that we shall not be liable for any damages you incur or allege to incur as a result of any Content posted on the Shop Immigration Services.
Our Right to Use Your Content
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sublicensable, transferable rights to use Your Content for any purpose. You also irrevocably grant the users of the Shop Immigration Services and any Other Media the right to access Your Content in connection with their use of the Shop Immigration Services and any Other Media. Finally, you irrevocably waive, and cause to be waived, against us and our Users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Your Content.
We are under no obligation to enforce the Terms of Service on your behalf against another User. While we encourage you to let us know if you believe another User has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
You agree not to, and will not assist, encourage, or enable others to use the Shop Immigration Services to:
* Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
* Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
* Use the Shop Immigration Services for commercial purposes, except as expressly permitted by these Terms of Service;
* Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Shop Immigration Services’ search results or any third party website;
* Solicit personal information from minors, or submit or transmit pornography; or
* Violate any applicable law, including any immigration laws.
You also agree not to, and will not assist, encourage, or enable others to:
* Violate the Terms of Service;
* Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Shop Immigration Services or any Content posted on the Shop Immigration Services (other than Your Content), except as expressly authorized by us;
* Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Shop Immigration Services or any Content posted on the Shop Immigration Services;
* Reverse engineer any portion of the Shop Immigration Services;
* Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Shop Immigration Services or on any materials printed or copied from the Shop Immigration Services;
* Record, process, or mine information about other users;
* Access, retrieve or index any portion of the Shop Immigration Services for purposes of constructing or populating a searchable database of Business reviews;
* Reformat or frame any portion of the Shop Immigration Services;
* Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive traffic demands of the Shop Immigration Services;
* Attempt to gain unauthorized access to the Shop Immigration Services, user accounts, computer systems or networks connected to the Shop Immigration Services through hacking, password mining or any other means;
* Use the Shop Immigration Services or any Content posted on the Shop Immigration Services to transmit any computer viruses, worms, defects, trojan horses or other items of a destructive nature (collectively, “Viruses”);
* Use any device, software or routine that interferes with the proper working of the Shop Immigration Services, or otherwise attempt to interfere with the proper working of the Shop Immigration Services;
* Use the Shop Immigration Services to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Shop Immigration Services or Content posted on the Shop Immigration Services; or
* Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Shop Immigration Services, features that prevent or restrict the use or copying of Content posted on the Shop Immigration Services, or features that enforce limitations on the use of the Shop Immigration Services.
* Sign up for an Account if you an attorney that has been disciplined or disbarred or are subject to any pending disciplinary action.
INFORMATION YOU SUBMIT
We may store the information you submit to or through the Shop Immigration Services. We use the information to fulfill your requests, provide Shop Immigration Services functionality, improve Shop Immigration Services quality, personalize your experience, display relevant advertising, provide customer support, message you, back up our systems, allow for disaster recovery, and comply with legal obligations.
Among the information you submit to or through the Shop Immigration Services, please note:
Account Registration: You must provide a valid email address in order to sign up for an Account on the Shop Immigration Services. In addition, you may provide us with your full name, gender, and birth date. When you sign up for an account, we opt you in to receive emails from other Users and us by default. You can manage your email preferences and modify some of the information associated with your account by contacting us. Note that you cannot opt out of receiving required administrative or legal notices. If you feel that an unauthorized account has been created depicting you or your likeness, you can request its removal by contacting us.
Public Content: Your reviews, tips, photos, check-ins, message board posts, bookmarks, friends, lists, compliments, account profile (including your first name and last initial, but excluding your other account registration information), and other content you post to the Shop Immigration Services are meant for public consumption. We may display this content on the Shop Immigration Services, and further distribute it to a wider audience through third party sites and services.
Contacts: You can invite your friends to join the Shop Immigration Services by providing their contact information, or by allowing us to use your address book from your computer, mobile device, or other sites. If you invite a friend to join and connect with you on the Shop Immigration Services, we may use and store your friends’ contact information long enough to process your requests.
Payment Method Information: We may collect and store your Payment Method Information. This information will only be shared with third parties who perform tasks required to complete the purchase transaction (such as fulfilling orders and processing credit card payments). When you submit credit card numbers, we encrypt that information using industry standard technology.
INFORMATION WE COLLECT
In addition to the information you submit to or through the Shop Immigration Services, we also collect and store information from and about you in the course of your use of the Shop Immigration Services. We use this information to analyze and track user behavior, personalize your experience, associate it with other information about you, provide the functionality and improve the quality of the Shop Immigration Services, and may use it to display relevant advertising.
Location: We may collect and store information about your location if you enable your computer or mobile device to send us location information. You may be able to change the settings on your computer or mobile device to prevent it from providing us with such information.
Activity: We may collect and store information related to you and your use of the Shop Immigration Services, such as your browser type, IP address, unique device identifier, requested URL, referring URL, browser language, the pages you view, and the date and time of your visit.
You can disable some (but not all) Cookies in your device or browser settings, but doing so may affect your ability to use the Shop Immigration Services. To learn how to manage privacy and storage settings for local shared objects in particular, click here.
We do not rent, share, sell or trade personally identifiable information with third parties for their direct marketing purposes. That said, we work with third parties and they may have access to some of your information:
Third Parties: We outsource some of our technical and customer support, tracking and reporting functions, quality assurance testing, payment processing functions, and other services to third parties. We may share information from or about you with them so that they can perform their services.
Aggregate Information: We may share user information in the aggregate with third parties, such as advertisers and content distributors. For example, we may disclose the number of users that have been exposed to, or clicked on, advertisements.
Investigations: We may investigate and disclose information from or about you if we have a good faith belief that such investigation or disclosure is (a) reasonably necessary to comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; (b) helpful to prevent, investigate, or identify possible wrongdoing in connection with the Shop Immigration Services; or (c) protect our rights, reputation, property, or that of our users affiliates, or the public.
Links: the Shop Immigration Services may contain links to unaffiliated third party websites. Except as set forth herein, we do not share your personal information with them, and are not responsible for their privacy practices. We suggest you read the privacy policies on all such third party websites.
Facebook, LinkedIn, Google: If you are logged into Facebook, LinkedIn, or Google (“Social Networks”) and you access but are not logged into the Shop Immigration Services, we may receive information from the applicable Social Network to make it easier for you to create an account on the Shop Immigration Services and show you relevant content from your friends and followers at the applicable Social Network.
This information personalizes your experience and helps you create an account. To learn more about this feature and how to block aspects of it, please click here. You can also connect your Shop Immigration account to your accounts on third party services like the Social Networks, in which case we may collect and store information identifying your account with the third party service. We use the information to help you connect and share public content with your friends and followers.
CONTROLLING YOUR PERSONAL DATA
Other Users may be able to identify you, or associate you with your account if you include personal information in Your Content. You can reduce the risk of being personally identified by using the Shop Immigration Services pseudonymously, though doing so could detract from the credibility of your contributions to the Shop Immigration Services.
Please also note that the messages you send or receive using the Shop Immigration Services are only private to the extent that you and the sender/recipient keep them private. For example, we do not have any control over whether a recipient of one of your personal messages publicly posts it or its contents.
DATA RETENTION AND ACCOUNT TERMINATION
For example, we may use retained data to prevent, investigate, or identify possible wrongdoing in connection with the Shop Immigration Services or to comply with legal obligations. Please note that information may exist in backup storage even after it has been removed from our active databases. You can request that your account be terminated here. When logged into your account, you can remove or edit reviews that you have uploaded to the Shop Immigration Services by clicking on the respective links below the review. We will respond to requests relating to personal data sent from within the European Union according to the procedures mandated by the member state from where the request is sent.
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
6. LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF SHOP IMMIGRATION, ITS SHAREHOLDERS, ITS SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, AND LICENSORS (COLLECTIVELY, THE “SHOP IMMIGRATION PARTIES”). EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
THE SHOP IMMIGRATION SERVICES IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SHOP IMMIGRATION SERVICES IS AT YOUR OWN DISCRETION AND RISK.
THE SHOP IMMIGRATION PARTIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SHOP IMMIGRATION SERVICES, ITS SAFETY OR SECURITY, OR THE SHOP IMMIGRATION SERVICES CONTENT.
ACCORDINGLY, THE SHOP IMMIGRATION PARTIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE SHOP IMMIGRATION SERVICES, SERVICES PROVIDERS, OR CLIENTS. YOU ACKNOWLEDGE AND AGREE THAT YOU, AND NOT SHOP IMMIGRATION, WILL BE RESPONSIBLE FOR PERFORMING THE OBLIGATIONS OF ANY CONTRACT OR ANY OTHER ENGAGEMENT BETWEEN YOU AND THE OTHER USERS; THAT SHOP IMMIGRATION IS NOT A PARTY TO SUCH AGREEMENTS, AND THAT, WITH THE LIMITED EXCEPTION OF ITS PAYMENT OBLIGATIONS HEREUNDER, SHOP IMMIGRATION DISCLAIMS ALL LIABILITY ARISING FROM OR RELATED TO ANY SUCH AGREEMENTS.
THE SHOP IMMIGRATION PARTIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE SERVICE PROVIDERS LISTED OR OFFERED THROUGH THE SHOP IMMIGRATION SERVICES OR ANY SHOP IMMIGRATION SERVICES’ USERS. ACCORDINGLY, THE SHOP IMMIGRATION PARTIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS, INCLUDING, FOR EXAMPLE, IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE USERS. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SHOP IMMIGRATION SERVICES IS AT YOUR OWN DISCRETION AND RISK.
THE SHOP IMMIGRATION PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SHOP IMMIGRATION SERVICES, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE SHOP IMMIGRATION PARTIES SHALL CREATE A REPRESENTATION OR WARRANTY.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SHOP IMMIGRATION SERVICES, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SHOP IMMIGRATION SERVICES.
THE SHOP IMMIGRATION PARTIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SHOP IMMIGRATION SERVICES OR THESE TERMS OF SERVICE IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE SHOP IMMIGRATION PARTIES ON ACCOUNT OF THE SERVICE FEES IN THE THREE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
THE SHOP IMMIGRATION PARTIES DISCLAIM LIABILITY AND SHALL NOT BE LIABLE FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA. IN NO EVENT SHALL SHOP IMMIGRATION PARTIES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY USE OF THE SHOP IMMIGRATION SERVICES OR THE CONTENT POSTED ON THE SHOP IMMIGRATION SERVICES, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE SHOP IMMIGRATION SERVICES FOR RESERVATIONS), (III) THE PERFORMANCE OR NON-PERFORMANCE OF ANY BUSINESS IN CONNECTION WITH THE SERVICES. IN ADDITION, ALL END USERS SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING END USERS TO THE SHOP IMMIGRATION SERVICES BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SHOP IMMIGRATION SERVICES OR THE CONTENT POSTED ON THE SHOP IMMIGRATION SERVICES. SHOP IMMIGRATION PARTIES ARE NEITHER AGENTS OF NOR ARE CONNECTED WITH ANY BUSINESS FEATURED ON THE SHOP IMMIGRATION SERVICES.
7. INDEMNIFICATION AND RELEASE.
You agree to defend, indemnify and hold harmless Shop Immigration Parties, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Shop Immigration Services, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claims or damages that arise as a result of any of Your Content or any that is submitted via your account; or (vi) any other party’s access and use of the Shop Immigration Services with your username, password or other appropriate security code.
In addition to the recognition that Shop Immigration is not a party to any contract between Users, you hereby release Shop Immigration, and our respective officers, directors, agents, subsidiaries, joint ventures, and employees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User, whether it be at law or in equity.
If you are a California resident, you agree to waive California Civil Code 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
We may close your Account, suspend your ability to use certain portions of the Shop Immigration Services, and/or ban you altogether from the Shop Immigration Services for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Shop Immigration Services, Your Content, or any other related information.
In the event of any termination, whether by you or us, these Terms of Service will continue in full force and effect, including our right to use Your Content.
Termination of this Agreement and/or closing of your Account will not relieve Client of the requirement to pay for Service Providers’ Services performed prior to the date of termination or thereafter for any Contracts executed before termination of this Agreement, which fees and expenses, together with any applicable taxes and Service Fee, Client hereby authorizes Shop Immigration to charge to its Payment Method.
Any dispute arising from or relating to the subject matter of these Terms of Service shall be finally settled by arbitration in Los Angeles County, California, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Any arbitration under these Terms of Service will take place on an individual basis: class arbitrations and class actions are not permitted.
YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND US ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Notwithstanding the foregoing, each party shall have the right to institute an action at any time in a court of proper jurisdiction for injunctive or other equitable relief.
11. END USER LICENSE GRANT
A. SHOP IMMIGRATION SERVICES
Subject to the terms and conditions of these Terms of Service, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Shop Immigration Services for your personal, non-commercial use, except as otherwise permitted by these Terms of Service. Shop Immigration reserves all rights not expressly granted herein in the Shop Immigration Services and the Shop Immigration Content (as defined below). Shop Immigration may terminate this license at any time for any reason or no reason.
B. MOBILE SOFTWARE
We make available software to access the Shop Immigration Services via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Shop Immigration Services. We do not warrant that the Mobile Software will be compatible with your mobile device. We hereby grant you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Shop Immigration account on one mobile device owned or leased solely by you, for your personal, non-commercial use, except as provided in these Terms of Service.
You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and/or other proprietary rights notices on the Mobile Software. You acknowledge that we may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device.
You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms of Service will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and we or our third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof).
C. MOBILE SOFTWARE FROM APPLE APP STORE
This paragraph is intended to apply to you if you have downloaded the Mobile Software from the Apple App Store. You and us acknowledge that these Terms of Service is concluded between us and you only, and not with Apple Inc. (“Apple”), and as between us and Apple, we, not Apple, is solely responsible for the Software and Shop Immigration Services and the content thereof. You acknowledge that Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile Software. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS).
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.
This Agreement incorporates by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of these Terms of Service, the “Mobile Software” is considered the “Licensed Application” as defined in the LAEULA and “Shop Immigration” is considered the “Application Provider” as defined in the LAEULA. If any terms of these Terms of Service conflict with the terms of the LAEULA, the terms of these Terms of Service shall control.
D. MOBILE SOFTWARE FROM GOOGLE ANDROID MARKET
This paragraph is intended to apply to you if you have downloaded the Mobile Software on a device powered by the Android operating system. Shop Immigration and you, the end‐user of the Mobile Software and Shop Immigration Services, acknowledge that these Terms of Service are entered into by and between us and you. We are solely responsible for the Software and Shop Immigration Services.
Should you have downloaded the Software from the Google Android Market located online at http://www.android.com/market/. You acknowledge that you have reviewed the Android Market Terms of Service (located online at http://www.google.com/mobile/android/market‐tos.html) and the Android Market Business and Program Policies (located online at http://www.google.com/mobile/android/market‐policies.html). You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.
11. YOUR RELATIONSHIP WITH SHOP IMMIGRATION.
You expressly acknowledge, agree, and understand that: (a) the Shop Immigration Services serves as merely a venue where Users may act as Clients and/or Service Providers; (b) Shop Immigration is not a party to any Contracts between Clients and Service Providers; (c) you are not an employee of Shop Immigration, and Shop Immigration does not, in any way, supervise, direct, or control the Service Providers or Service Providers’ Services; (d) Shop Immigration will not have any liability or obligations under or related to Contracts for any acts or omissions by you or other Users; (e) Shop Immigration has no control over Service Providers or the Service Providers’ Services offered or rendered by the Service Providers; (f) Shop Immigration makes no representations as to the reliability, capability, or qualifications of any Service Providers or the quality, security, or legality of any Service Providers’ Services, and Shop Immigration disclaims any and all liability relating thereto; and (g) Shop Immigration makes no representation as to the ability of Clients to pay for the Service Providers’ Services; or that a Client or Service Provider can or will actually complete a transaction.
A. USER DISPUTES
Except as provided in Section (4)G(a), we are not responsible for addressing any disputes between any Users. In the event of a concern, claim or dispute, Users shall communicate directly with the other party in resolving such concern, claim or dispute. In the event we receive complaints about a User, we will investigate the complaint at our sole discretion and may direct the User to respond to the other party directly.
B. ENTIRE AGREEMENT / SEVERABILITY
These Terms of Service, together with any amendments and any additional agreements you may enter into with us in connection with the Shop Immigration Services, shall constitute the entire agreement between you and us concerning the Shop Immigration Services. If any provision of thee Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.
C. NO WAIVER
No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
D. THIRD PARTY BENEFICIARIES AND AGREEMENTS
If you downloaded the Mobile Software from the Apple App Store, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third party beneficiary hereof. You agree to comply with, and your license to use the Mobile Software and Shop Immigration Services is conditioned upon your compliance with, all applicable third-party terms of agreement, as may be applicable, when using the Mobile Software and/or Shop Immigration Services.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction or notice.
F. SPECIAL PROVISIONS APPLICABLE TO USERS OUTSIDE THE UNITED STATES.
The following provisions apply to users outside the United States: You consent to having your personal data transferred to and processed in the United States. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities using the Shop Immigration Services.
G. THIRD PARTY LINKS
Additionally, your dealings with or participation in promotions of advertisers and Businesses found on the Shop Immigration Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such third parties. You agree that we shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.
We may provide notices, whether such notices are required by law or are for marketing or other business related purposes, to you via email notice to your registered email address, written or hard copy notice, or through posting of such notice on our website, Apple App Store or Google Android Marketplace, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms of Service.
By registering for an Account, you consent to electronically receive and access, via email or the Site, all records and notices for the services provided to you under the Terms of Service that we would otherwise be required to provide to you in paper form by applicable laws. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting us at firstname.lastname@example.org. If you withdraw your consent to receive such records and notices electronically, we may in our discretion revoke your access to the Shop Immigration Services, and you will no longer be permitted to use the Shop Immigration Services.
Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal.
Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective. Users are solely responsible for maintaining a current, active email address registered with Shop Immigration, for checking their email and for responding to notices sent by Shop Immigration to the User’s registered email address.
I. GOVERNING LAW
The laws of State of California, excluding its conflicts-of-law rules, govern this Agreement. To the extent applicable, you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the federal or state courts that govern Los Angeles County, California, and you expressly consent (to the extent applicable) to the exercise of personal jurisdiction of such courts in connection with any dispute, including any claim involving us or our affiliates, subsidiaries, contractors, vendors and content providers. Please note that your conduct may also be subject to other local, state, national, and international laws.
The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement or to any dispute or transaction arising out of this Agreement.
J. COPYRIGHT INFRINGEMENT/DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE
It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”).
Notification of Infringement. It is our policy to respect the intellectual property of others and to respond to clear notices of alleged copyright infringement that comply with the DMCA. In addition, we will promptly terminate without notice the accounts of those determined by us to be “repeat infringers.” If you are a copyright owner or an agent thereof and you believe that any Shop Immigration content infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing our Designated Copyright Agent (as listed below) with the information specified by the DMCA. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
You may submit your notification of alleged copyright infringement by sending it to our Designated Copyright Agent by mail or email as set forth below.
Counternotification. If we remove or disable access to such Shop Immigration content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide us with a counternotification by written communication to our Designated Copyright Agent (as listed below) that sets forth all the necessary information required by the DMCA. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommend seeking the advice of an attorney.
Designated Copyright Agent. Our Designated Copyright Agent to receive notifications and counternotifications of claimed infringement can be reached as follows:
Shop Immigration, Inc.
Email: DMCACOMPLAINTS at SHOPIMMIGRATION (dot) COM
K. CONTACT US
Should you wish to contact us with any questions, complaints (other than pursuant to DMCA) or claims with respect to the Shop Immigration Services, you should visit our website at www.shopimmigration.com or email email@example.com.
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