THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND MARVIN LAW ONLINE SERVICES (MLOS), AND BOTH YOU AND MLOS WAIVE THE RIGHT TO A JURY TRIAL OR CLASS ACTION. PLEASE READ SECTION 14 CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND REMEDIES AND WILL HAVE A SUBSTANTIAL EFFECT ON HOW DISPUTES BETWEEN YOU AND MLOS WILL BE RESOLVED.
1. Scope of Agreement
2. Description of Services
MLOS is a platform designed to assist you in completing United States Citizenship and Immigration Services (USCIS) forms as well as forms required by other governmental agencies. The service relates only to the step-by-step instructions needed for the Client to prepare documents and applications for filing for the selected service. Service does not cover any other legal matters other than that described in this scope of service, does not cover any additional requests from Client for assistance beyond that described in the scope of service, and does not cover any additional needs of Client as a result of any action taken by the government or any specific requests from the government for additional information unless that service has also been contracted for by Client. MLOS is not responsible for any actions taken directly by Client at any point in time whether prior to the commencement of the service relationship, after MLOS has been contracted, or after completion of services provided by MLOS. MLOS is not responsible for resolving any problems outside of the scope of services listed above. If Client needs such service, MLOS will provide a referral to an independent immigration attorney upon request. MLOS is not affiliated with or endorsed by USCIS or any United States government agency. All USCIS and other forms are available without cost from USCIS and other applicable agencies. Use of the MLOS Site and Services is not required to complete or file such forms.
3. Obligations of MLOS and Client
MLOS agrees to use due-diligence in assisting the Client to prepare the documents and applications for the immigration process listed above. MLOS cannot and does not make any guarantee as to the outcome of the case and at no time is MLOS making any legal representation of any fact to the government on behalf of Client. Client understands and acknowledges that the submission of their filing is being made solely on their behalf for their benefit. Client acknowledges that the filing and all the information contained within the filing is being provided by and for Client and no one else.
Client acknowledges that MLOS has no responsibility beyond preparing the filing and that they are making no representation regarding the validity or accuracy of any information contained within. Client agrees to hold MLOS harmless as a result of any denial, rejection or adverse decision by the government, especially as a result of incomplete information provided by Client or information concealed from MLOS that is a necessary part of the filing or impacts the accuracy of the filing. MLOS is not responsible for any issues resulting from Clients inadvertent or intentional acts at deception in their process. If Client misrepresents or conceals a material fact from MLOS, this constitutes a breach of trust and the service relationship will be terminated immediately relieving MLOS of any further obligations or responsibilities to Client.
By using our services, Client agrees to cooperate with MLOS to ensure sufficient information is provided to them to be able to fulfill the service they have agreed to perform as described in this Agreement. This includes the prompt reply to any information requests or clarifications relating to the case. Client agrees to provide updated contact information should Client move at any time during the service relationship. If MLOS is not able to communicate with Client as a result of Client’s failure to update their contact information, MLOS will not be able to properly complete the service and this will constitute a breach of the agreement and the case will be closed. If a period of 6 weeks or more goes by without Client providing any meaningful progress (information necessary for MLOS to finish preparing the case), the case will be automatically closed and all service will be terminated. Client agrees to release MLOS from any obligations to complete services should Client fail to cooperate as required above.
4. Accounts and Information
4.1. Your MLOS Account. In order to access and use some aspects of the Site and Services, you will be required to create an account and establish a username and password. If you create a MLOS Account, you agree to submit only accurate information about yourself and to keep the information you submit up-to-date. You agree not to impersonate anyone else. You are responsible for maintaining the security and confidentiality of your username and password, and you agree not to authorize anyone else to use your username and password. You are solely responsible for all actions taken under your account. You agree to notify MLOS promptly in the event you learn of any unauthorized use of your account. By creating an account, you agree that you may receive electronic communications from MLOS and its affiliates, including offers, newsletters, account notices, and updates. If at any time you no longer wish to receive such electronic communications, you may opt out by clicking the designated link in the communication.
5. Access to and Use of Site and Services
5.1. License Grant to You. Subject to your complete compliance with the provisions of this Agreement, you are granted a limited, non-exclusive, non-transferable, revocable license to use the Site and Services solely in the manner authorized and intended by MLOS. Any rights not expressly granted in this Agreement are expressly reserved by MLOS. The resale or distribution of materials made available on the Site without the express, written consent of MLOS is prohibited. All such materials are authorized only for your own personal use.
5.2. License Grant by User. When you transmit any information, content, materials or data to or through our website, besides content, materials or data submitted for the purpose of creating your account or for preparing applications and/or forms (“User Content”), you hereby grant MLOS and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content, including throughout the world in any media. MLOS shall have no obligation to: (a) maintain any User Content you submit; (b) pay you any compensation of any kind for any User Content; or (c) respond to any User Content you submit. You represent and warrant that you own or have obtained all necessary rights and/or licenses to
User Content that you submit, and that MLOS’s use of such User Content does
not violate or infringe upon the rights of any person or entity. If it is found that you have not secured such a right and MLOS is approached or sued for such use, your acceptance of this use agreement will also serve as your agreement to indemnify MLOS for any claims against it for use of such unlicensed content.
5.3. Restrictions to Site and Services are as follows:
- accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
- using any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to access, navigate, or search the Site, other than generally available third-party web browsers (e.g., Mozilla Firefox, Google Chrome and Microsoft Explorer);
- using any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site;
- attempting to probe, scan or test the vulnerability of a MLOS system or network or to breach security or authentication measures without proper authorization;
- attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site or through the Service, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”;
- sending unsolicited emails, including promotions and/or advertising of products or services;
- forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting;
- copying, modifying, adapting, reproducing, reverse engineering, decompiling, disassembling, or preparing derivative works from MLOS software, MLOS Content or User Content that is not your own;
- distributing viruses, malicious code, malware or any other technologies that may harm MLOS, the Site, the Services or a user;
- violating or circumventing any applicable laws, regulations or MLOS technical measures, security measures or policies;
- violating, infringing, or breaching the rights of MLOS or a third-party, including, but not limited to any copyrights, trademark rights, patent rights, trade secrets rights, rights of publicity or personality, moral rights, or any other proprietary rights;
- submitting to the Site or through the Services any false, inaccurate, misleading, deceptive, defamatory, or libelous materials or User Content; or
- knowingly withholding or failing to disclose information requested by MLOS or required to be included or disclosed on a USCIS form or other government form or engaging in any action that constitutes fraud.
- Submitting false, inaccurate, misleading or deceptive information, or failing to disclose information requested by MLOS or required to be included or disclosed on a USCIS form or other government form may result in your application being denied by the applicable government agency and MLOS will not have any liability to you as a result of such actions. Violations of system or network security may result in civil or criminal liability. MLOS will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
6. Service Fees
All Service Fees are set forth on the Site. USCIS and other agencies charge fees for the filing and processing of various government forms (“Government Fees”). Government Fees are separate from our Service Fees and must be paid to the applicable government agency at the time of filing by you. MLOS shall have no responsibilities or obligations regarding payment, coordinating, or transmitting government filing fees.
6.1. Payment of Service Fees
When you purchase services for which Service Fees apply, you will be required to provide MLOS with valid, up-to-date credit card or other payment information. You authorize MLOS to charge your credit card or other payment method for all Service Fees you incur as they become due and payable. You are responsible for maintaining up-to-date payment information. If we cannot charge your account for the Service Fees when they are due because payment information is incorrect, no longer valid or if we do not receive your payment when it is due, MLOS will have no obligation to provide any services associated with those Service Fees.
6.2. Treatment of Fees Paid
All payments made to MLOS are considered earned upon receipt to cover the costs associated with setting up, organizing and providing you access to our proprietary technology and processes. Please see paragraph 6.4 below.
6.3. Refund Policy
In the event that Client wants to stop their process with MLOS, an administrative fee equal to 20% of the original contract fee will be charged. If MLOS has performed a substantial amount of work on the case at the time of the cancellation request, it will be at the discretion of MLOS whether to issue a partial refund and for how much. At no time will any refund be issued once MLOS has completed the services or delivered the filing to Client for submission to immigration.
7. Ownership and Intellectual Property Rights
All materials, including text, images, videos, illustrations, designs, icons, photographs, software, programs and written or any other materials that are part of the Site or accessible through the Service, other than User Content (collectively, “MLOS Content”), is the property of MLOS or its licensors. MLOS Content is intended solely for personal, non-commercial use. No right, title or interest in any MLOS Content is transferred to you by way of this Agreement or otherwise. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the MLOS Content, the Site or any related software. MLOS and the MLOS Logo are trademarks of MLOS.
8. Copyright Infringement (Digital Millennium Copyright Act)
MLOS respects the intellectual property of others. We strive to respond promptly to proper notices of copyright infringement by removing or disabling access to allegedly infringing material. It is MLOS’s policy to terminate the access privileges of those who repeatedly infringe the copyrights of others. If you believe that any material appears on the Site in a way that infringes the copyright in a work owned by you, please send a notification containing the following information to MLOS’s:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the work in which you hold a copyright interest which you believe is being infringed;
- a description of the location on this website where the allegedly infringing material is located (preferably including a URL address);
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. MLOS can be reached at the following address: PO Box 994, Ada, MI 49301, firstname.lastname@example.org
9. Third Party Content and Services
References on the Site to any third parties, including persons or companies, and to any products or services of such third parties, are provided solely as a convenience to you. MLOS does not endorse, recommend, approve of or make any representations or warranties regarding any third parties or their products or services. Without limiting the foregoing, MLOS is not a lawyer referral service, and makes no representations or warranties regarding any law firms or attorneys that may be referenced on the Site, including whether any such law firm or attorney is licensed, qualified, competent, or otherwise capable of providing adequate legal advice regarding your specific legal issues. MLOS may provide links to third-party websites, but MLOS is not responsible for the content of any third-party websites and does not make any representations regarding the content or accuracy of material on such websites. If you decide to follow a link to any third-party website, you do so entirely at your own risk.
You agree to defend, indemnify and hold harmless MLOS, its affiliates, and their respective directors, officers and employees from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your breach of this Agreement, your improper use of the Site or Services, or your breach of any applicable law or infringement of the rights of a third party.
MLOS shall have the right to participate in the defense of any such claim, at its own cost. You may not settle or negotiate any claim that results in liability to, or imposes any obligation upon, MLOS, financial or otherwise, without the written consent of MLOS.
This Agreement shall remain in force and effective unless and until terminated asnprovided in this Section. You may terminate this Agreement at any time by providing written notice to MLOS, via email to email@example.com. Except where you terminate this Agreement due to an uncured material breach of this Agreement by MLOS or where you terminate this Agreement pursuant to our Satisfaction Guarantee within 30 days of purchasing Services, MLOS will have no obligation to refund you any Service Fees previously paid to MLOS for the Services. MLOS may terminate this Agreement immediately with or without notice, and/or may deny you access to the Site or Services, in MLOS’s sole discretion, in the event you breach, or threaten to breach, any term of this Agreement. If you have already paid for Services and have been found to be in violation of this Agreement, your account will be deleted without notice and no refund of Service Fees will be made. Unless otherwise agreed to by MLOS in writing, this Agreement shall terminate automatically on that date which is 12 months following the date on which you initially purchased Services and no Service Fees will be refunded.
Upon any termination of this Agreement, you must immediately discontinue the use of the Site and Services. Sections 7 and 10-15 shall survive any termination of this Agreement.
12. Disclaimer of Warranty
THE SITE AND THE SERVICES ARE PROVIDED BY MLOS ON AN “AS IS” AND “AS AVAILABLE” BASIS. MLOS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE, SERVICES, OR INFORMATION, CONTENT, OR MATERIALS OFFERED ON THE SITE OR THROUGH THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MLOS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. MLOS DOES NOT WARRANT THAT THE SITE OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT, AND YOU ACKNOWLEDGE THAT MLOS WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITH YOU WITHOUT YOUR AGREEMENT TO THE TERMS OF THIS DISCLAIMER.
13. Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL MLOS, ITS AFFILIATES, THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF MLOS, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. IN NO EVENT WILL MLOS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES DURING THE SIX-MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
14. Dispute Resolution by Binding Arbitration
Please read this section carefully as it affects your legal rights. If after reaching out to customer service regarding an issue or complaint you may have with our services and MLOS is not able to resolve that issue informally, both parties agree to resolve the dispute through binding arbitration rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court and is the preferred method for conflict resolution in most jurisdictions. Arbitration uses a neutral arbitrator instead of a judge or jury, limits discovery, and is subject to very limited review by courts. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
14.1. Arbitration Agreement
MLOS and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted and include, without limitation:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
- claims that arose before these or any prior Agreement (including, but not limited to, claims relating to advertising);
- claims 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 this Agreement.
For the purposes of this Arbitration Agreement, references to “MLOS,” “you,” “Client,” and “us” include our respective subsidiaries, affiliates, agents, employees, business partners, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under this Agreement or any prior agreements between us. Beneficiaries include, but are not limited to, those seeking to change immigration status and any relatives. Further, you agree that, by entering into this Agreement, you and MLOS are each waiving the right to a trial by jury or to participate in a class action or class or mass arbitration. This Agreement evidences a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of this Agreement.
14.2 A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to MLOS should be addressed to: MLOS, PO Box 994, Ada, MI 49301 (the “Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If MLOS and you do not resolve the claim within 30 days after the Notice is received, you or MLOS may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by MLOS or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or MLOS is entitled. You may download or copy a form to initiate arbitration from the AAA website at https://www.adr.org (https://www.adr.org/).
Arbitration will be governed by the Consumer Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by this Agreement, 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 this Agreement. All issues are for the arbitrator to decide, except 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 MLOS and you agree otherwise, any arbitration hearing(s) will take place in Kent County, MI. If your claim is for $10,000 or less, you may choose whether to conduct the arbitration solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which MLOS was a party.
14.3 YOU AND MLOS 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 CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL, INCLUDING IN ARBITRATION.
Unless both you and MLOS agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative 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) may be severed from the arbitration and brought in court.
14.4. If the amount in dispute exceeds $75,000 (excluding attorney’s fees and expenses) 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. 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.
14.5. Notwithstanding any provision in this Agreement or elsewhere to the contrary, MLOS agrees that if we make any changes to this arbitration provision (other than a change to any notice address, website link or telephone number provided herein), 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 Agreement, any such termination will not be effective as to this Arbitration Agreement 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.
15. Miscellaneous Terms
15.1 Consent to Electronic Communications. You consent to receive communications from MLOS electronically, and you agree that all agreements, notices, disclosures and other communications that MLOS provides to you electronically, via email, or on the Site, satisfy any legal requirement that such communications or agreements be in writing.
15.2 Assignment. You may not assign your rights under this Agreement without the prior written permission of MLOS and any attempt by you to do so shall be null and void.
15.3 Waiver. The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
15.4 Severability. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way.
15.5 Changes to Agreement. MLOS may make changes to this Agreement at any time. If we make any material changes, we will notify you via email if you have created an account (sent to the e-mail address specified in your account) or by posting the revised Agreement on the Site before any changes become effective. You should review our Agreement each time you access the Site or use the Services. Your continued use of the Site or Services following the posting of any changes or notice to you of the changes constitutes your agreement to such changes.
15.6 Governing Law. This Agreement will be construed in accordance with and governed exclusively by the laws of the State of Michigan applicable to agreements made among Michigan residents and to be performed wholly within such jurisdiction, regardless of the parties’ actual domiciles.
15.7 Entire Agreement. This Agreement, including all agreements referred to and incorporated herein, sets forth the entire understanding and agreement between you and MLOS, and supersedes any and all other oral or written agreements or understandings between the parties.
15.8 Effective Date. This Agreement shall become effective when both the following are completed: Client and MLOS sign the agreement and the engagement fee listed in paragraph 6 has been paid and the transaction has cleared the bank.
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