1. Acceptance of Terms
One of the primary advantages of the Website is educating you about the process and requirements of the U.S. Citizenship and Immigration Service and U.S. Department of State applications. The Website provides a user-friendly, automated “do-it yourself” software solution that guides you through the application preparation process based upon your specific direction. The payment received by the Company is in exchange for the use of this Service.
The Company is not a government agency and is not affiliated with nor endorsed by any government agency. The Company is not a law firm and is not a substitute for the advice of an attorney. Neither Company nor any of its employees provide legal services or legal advice. As such, this Website is not intended to create any attorney-client relationship, and by using this Website no attorney-client relationship will be created with Company. Instead, you are representing yourself in any legal matter you undertake through the Website’s Services. You are free to consult with and obtain advice from an attorney of your choosing at any time. If you have any legal questions or specific or unique problems, please consult with and obtain legal advice from a qualified attorney.
By accessing the Website and using the Service in any way, you are agreeing to comply with and be bound by these Terms. In addition, when using the Website and the Service, you agree to abide by any applicable posted guidelines for all of Company’s services, which may change from time to time, and to comply with all applicable laws and regulations. Should you object to any of these Terms, any 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.
BY USING THE WEBSITE AND AGREEING TO THESE TERMS, YOU HEREBY CONFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE.
It is your responsibility to periodically review these Terms. Nevertheless, Company reserves the right, at any time, to change the Terms by publishing notice of such changes on the Website. Any use of the Services by you after Company’s publication of any such changes 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 Service and, if necessary, to access such information to obtain contact information in order to provide notifications relating to the Service provided to you by the Company.
2. Pricing and Fees
Prices posted on the Website represent the fees which are payable to the Company for your use of the Services. Additional processing and filing fees (if any) are payable either to the U.S. Citizenship and Immigration Services (formerly known as the INS) or to the U.S. Department of State (“Government Fees”), as determined by the circumstances. 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.
3. Access to the Service
Company grants you a limited, revocable, nonexclusive, non-transferable license to access the Website and use the Service for your own personal use of the Service only, and not to download or modify it or any portion thereof (other than as expressly permitted by Company.) You agree that no Materials (as defined in Paragraph 11 below) from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without Company’s written permission. Violation of these Terms, including without limitation modification or use of Materials on the Website for any purpose other than those permitted in these Terms, shall result in the automatic termination, without notice to you, of your license to access the Website and utilize the Service, and also may constitute the infringement of Company’s copyright, trademark and/or other rights. You shall not attempt to access any other Company’s systems, programs or data that are not made available for public use. Except as expressly stated in the Terms, you are not granted any right or license, by implication, estoppel, or otherwise, in or to any patent, trademark, copyright, or proprietary right of Company’s or any third party, in connection with your use of the Website and any Materials provided by Company or any third party on the Website. Elements of the Web Site, including page headers, custom graphics, logos, sounds, images, the “look and feel” of the Website (including its design, layout, color combinations, button shapes and other graphical elements) and button icons, are protected by copyright, trade dress and other state and federal laws and may not be copied or imitated, in whole or in part.
4. Creating An Account
5. Restrictions on Use of Website
You agree that in connection with your use of the Website, you will not do any of the following:
- Circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Materials, or enforce limitations on use of the Website or Materials.
- Copy, reproduce, republish, upload, post, transmit, or distribute in any way any Materials, in whole or in part, without our written permission, other than as expressly allowed by us.
- Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature.
- Use any data mining, robots, spiders, or similar data gathering and extraction methods within the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents without our prior written consent.
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Website.
- Use any meta tags or any other “hidden text” utilizing the name “File Right” or any substantially similar name without our written consent.
- 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’) infrastructure.
- “Frame” or “mirror” any part of the Website.
- Engage in spamming or flooding.
- Remove any copyright, trademark or other proprietary rights notices contained on the Website.
- Use the Website or Materials for any unlawful purpose.
- Make any resale or commercial use of the Website or Company Materials; or (b) make any derivative use of the Website or Company Materials.
6. Links to Third Party Sites
The Website may contain links to other websites, which are completely independent of this Website and are provided to you only as a convenience. Company makes 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 the Company is not responsible for any loss or damage of any sort you may incur from dealing with such third party website(s).
7. Limitations on Service
You acknowledge that Company is not responsible for any rejection or denial of your immigration application due to your failure to timely or properly file your application with USCIS. Further, you acknowledge that 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 the Company’s Application Support Center.
You acknowledge that Company is not responsible for any denial of your immigration application by USCIS due to your underlying ineligibility for the immigration benefit which you are seeking.
You acknowledge and agree that you will print your forms only on U.S. letter- sized paper (8.5 inches by 11 inches), as this is the only paper size that USCIS currently accepts for the submission of paper forms.
You acknowledge that Company is not responsible for USCIS not following their own published guidelines as made available to the general public via their website.
You acknowledge that Company may establish limits concerning use of the Service and reserves the right at any time to modify the Service (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.
You acknowledge that any of the foregoing Limitations on Service will not be cause for a refund for Services and that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
8. Privacy and Information Disclosure
A. Website Content. This Website is owned and operated by the Company. All right, title and interest in and to the materials provided on this Website (excluding any Government forms and documents), including but not limited to the “look and feel” of the Website (including its design, layout, color combinations, button shapes and other graphical elements), information, documents, logos, graphics, sounds, page headers, button icons, service marks, trademarks, trade dress, and images (collectively, the “Materials”) are owned either by Company or by third party authors, developers, or vendors that have licensed the Materials to the Company (“Third Party Providers”). Except as otherwise expressly provided by Company, none of the Materials may be copied, republished, reproduced, uploaded, downloaded, displayed, posted, distributed, or transmitted, in any way, including without limitation on any other website or in a networked computer environment, and 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. Any rights not expressly granted herein to you are hereby reserved by the Company.
B. Copyrights. All Website design, text, graphics, and the selection and arrangement thereof, are owned by the Company. Copyright © 2011-2018, File Right LLC. ALL RIGHTS RESERVED.
C. Trademarks. “File Right”, “FileRight.com”, the Company’s logo, “Immigration paperwork just got easier”, all images and text, and all page headers, custom graphics and button icons are service marks, registered trademarks and/or trade dress of File Right. All other trademarks, product names and company names or logos cited herein or on the Website are the property of their respective owners.
10. Refund Policy / Money-Back Guarantee
if you would like to request a refund of the fee you paid to the Company for use of the Service, your refund request must be made (i) within thirty (30) days of the original payment date and (ii) prior to a) the completed application being printed, b) the downloadable product (e.g. E-Book guide) being downloaded, or c) the physical product (e.g. DVD) being shipped.
From time to time, Company may promote a special offer on its website or via email or any other place of its choice (“Special Offer”). If there is a conflict between these Terms and any such Special Offer, the Special Offer terms, conditions and refund policies shall apply.
Unless specifically stated to the contrary herein, all refunds will be calculated based on the purchase price paid at the time of purchase.
Notwithstanding anything to the contrary herein, if you are a resident of the state of California, Illinois, Maryland, Michigan, Minnesota, or New York 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.
If, at any time, you receive a final denial from the USCIS of the application you created after successfully using the Service, Company will refund the fee you paid to the Company for use of the Service and any filing fee you paid to the government directly related to the denied application (“Money-Back Guarantee”).
Money-Back Guarantee refund request(s) must be made within ninety (90) days of the date of the final denial by the USCIS. Only the actual applicant (the person whose name appears on the denied application) is eligible to receive a Money-Back Guarantee refund. No refund will be granted to a third party who is not the applicant.
You also will not be eligible for a Money-Back Guarantee refund if your application is denied or rejected by the USCIS because of a clerical error or inconsistency, missed field on your application, incorrect or missing documentation or a similar administrative issue.
We reserve the right to seek additional information regarding the basis for denial by the USCIS prior to issuing a refund. In the event such additional information is requested, we will process your Money-Back Guarantee refund request and make a decision either to approve or deny your request within fourteen (14) days from receipt of all requested documentation.
All approved refunds for credit and debit card transactions are issued within two (2) 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, or for the pending charge to be cancelled.
To request a refund, please Contact Us.
Money-Back Guarantee – Refund Requests
If you receive a final denial from the USCIS of the application you created after successfully using Company’s Service, Company will refund the fee you paid to the Company for use of the Service and any filing fee you paid to the government in direct connection to that application.
Money-Back Guarantee refund requests must be made within 90 days of the date of the final denial you received from the USCIS. Only the actual applicant (the person whose name appears on the denied application) can receive a Money-Back Guarantee refund. We cannot issue a refund to a third party who is not the applicant. We reserve the right to seek additional information from you regarding the basis for the denial prior to issuing a refund. We will process your Money-Back Guarantee refund request within fourteen (14) days from receipt of all requested documentation.
You will not be eligible for a Money-Back Guarantee refund if your application is denied or rejected by the USCIS because of a clerical error or inconsistency, missed field on your application, incorrect or missing documentation or a similar administrative issue.
To request a Refund or Money-Back Guarantee, please Contact Us.
11. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Material or content on this Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed infringement is: Harder Mirell & Abrams LLP, 132 S. Rodeo Dr., Suite 301, Beverly Hills CA 90212, Attn: Jeffrey I. Abrams. 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.
12. Limitations of Liability and Damages
IF THERE IS LIABILITY IN ANY LEGAL PROCEEDING FOUND ON THE PART OF COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS, IT WILL BE LIMITED TO THE AMOUNT PAID TO COMPANY FOR SERVICES, EXCEPT AS PROVIDED IN AND PURSUANT TO THE ARBITRATION AGREEMENT, BELOW. UNDER NO CIRCUMSTANCES WILL SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES BE AWARDED, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. EXCEPT AS PERMITTED BY LAW, NOTHING IN THIS PARAGRAPH IS INTENDED TO MODIFY THE PROVISIONS OF CALIFORNIA BUSINESS AND PROFESSIONS CODE §§ 6400, et seq., IF APPLICABLE.
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 Service and/or the Website, your violation of the Terms, or your breach of any of the representations and warranties herein.
14. 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, AND THAT THOSE PROVISIONS FORM AN ESSENTIAL BASIS UPON WHICH THESE TERMS ARE ESTABLISHED, AND UPON WHICH COMPANY HAS PROVIDED TO YOU ACCESS TO OR USE OF THE WEBSITE AND THE SERVICES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY AND DAMAGES AND THE INDEMNITY SET FORTH HEREIN SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
15. Enforcement of Rules and Polices
We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. While we are not obligated to take any action, such action may include, but is not limited to, issuing warnings, suspension or termination of your rights to use our Website. You agree that Company shall 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, 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.
You are solely responsible for the content that you submit on or through the Website, and any content or information that you transmit to other users or third party advertisers on the Website.
16. User Acknowledgements
Company is not a law firm, the employees of Company are not acting as your attorney, and Company is not a substitute for the advice of an attorney. Company does not provide legal advice and will only provide self- help services at your specific direction. Company does not perform the legal services that an attorney performs and will not provide any explanation, advice, recommendation or opinion to you about your legal rights, options, selection of forms or strategies.
By using the Website to assist your self-representation, you agree to the following:
i. I realize that Company is not representing me in any legal matter;
ii. No attorney-client privilege is created with Company;
iii. I have been informed of the services that Company is performing, and the cost of these services;
iv. No governmental entity or authority has evaluated or approved Company’s knowledge or
experience, or the quality of Company’s services.
You acknowledge that you may obtain information regarding free or low-cost legal representation through a local bar association or legal aid foundation.
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.
17. Choice of Law
The Terms and the relationship between you and Company shall be governed by the laws of the State of California without regard to any conflicts of laws principles.
18. Dispute Resolution by Binding Arbitration
Please read this carefully. It affects your rights.
Most or your concerns can be resolved quickly to your satisfaction by contacting our Customer Center via our Contact Us page. In the unlikely event that the 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. Arbitration is less formal than a lawsuit. Arbitration uses a neutral arbitrator instead of a judge or jury, allows less discovery than courts, and is subject to very limited court review. We agree that any arbitration under these Terms will take place on an individual basis. Representative, group, collective or class actions or arbitrations are not permitted. As explained below, if you prevail in arbitration, Company will pay you more than the amount of the arbitrator’s award and will pay your actual, reasonable attorney’s fees if you are awarded an amount greater than what Company offered you to settle the dispute before arbitration.
You may speak with your own lawyer before using this Website or purchasing any Service, but your use of this Website and the purchase of any Service constitutes your agreement to these Terms. Arbitration Agreement:
(a) Company and you agree to arbitrate all disputes and claims between us before a single arbitrator. The kinds of disputes and claims we agree to arbitrate are intended to be broadly interpreted, including but not limited to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, advertising, or any other legal theory;
- claims that arose before these or any prior Terms became effective;
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of these Terms.
For the purposes of this Arbitration Agreement, 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 agreement does not preclude your 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.
(b) 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: File Right LLC, c/o Paracorp Incorporated, 2140 S. Dupont Hwy, Camden, DE 19934 (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 /fileright-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 .)
(c) After Company receives notice at the Notice Address that you have commenced arbitration, it 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, Company will pay the filing fee directly after receiving a written request at the Notice Address. Except as otherwise provided herein, Company 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 the Company 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 American Arbitration Association (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 Company and you agree otherwise, any arbitration hearings will take place in the county or parish of the contact address you submitted to Company. 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 Company was 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.
(d) If, the arbitrator finds in your favor in any respect on the merits of your claim, and the arbitrator issues you an award that is greater than the value of Company’s last written settlement offer made before an arbitrator was selected, then Company will pay you either the amount of the award or $2,000 (“the Alternative Payment”), whichever is greater, plus the actual amount of reasonable attorney’s fees and expenses that you incurred in investigating, preparing, and pursuing your claim in arbitration (the “Attorney’s Payment”). If we did not make you a written offer to settle the dispute before an arbitrator was selected, you will be entitled to receive the Alternative Payment and the Attorney’s Payment, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the Alternative Payment and the Attorney’s Payment at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. In assessing whether an award that includes attorney’s fees or expenses is greater than the value of Company’s last written settlement offer, the arbitrator shall consider only the actual attorney’s fees or expenses reasonably incurred before Company’s settlement offer.
(e) The right to attorney’s fees and expenses discussed in paragraph (d) supplements any right to attorney’s fees and expenses you may have under applicable law. If you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney’s fees or costs. Although under some laws Company may have a right to an award of attorney’s fees and expenses from you if it prevails in an arbitration, Company will not seek such an award.
(f) 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.
(g) 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.
(h) 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.
19. Technical Support Issues
If you encounter a technical problem when attempting to print or otherwise access your completed application, or some other problem you may encounter in attempting to use our Service, Company’s customer service representatives may be able to assist you with your problem.
If you contact Company’s customer service representatives and request that your completed application be sent to you, you acknowledge and agree that you are specifically authorizing them to log in to your account to generate your application and then view your application data to ensure that it was generated properly.
If you contact Company’s customer service representatives 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 Company is not liable for any technical problems that may persist or arise with your computer after doing so.
20. General information
The Terms constitute the entire agreement between you and Company and govern your use of the Website and the Service, superseding any prior agreements between you and Company. The failure of Company 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 Company may have under trade secret, copyright, patent or other laws. The employees of Company are not authorized to make modifications to the Terms, or to make any additional representations, commitments, or warranties binding on Company, except in a writing signed by an authorized officer of Company. 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, the Service 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 (i) do so with knowledge of any and all rights that you may have with respect to the provisions of these Terms, (ii) have carefully read and considered these Terms and fully understand its contents and the significance of its contents, (iii) 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 (iv) you have been afforded the opportunity to obtain independent legal advice with respect to these Terms.
Further, unless both you and Company 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, the Company 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.
21. Notice for California Users
Under California Civil Code Section 1789.3, California users of the Website are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Updated: October 12, 2015