Last Updated: December 27th, 2016
This website is operated by Immigration Path. Immigration Path,
("we," “us,” or "our"), through our website www.immigrationpath.com ("Website"),
provides: (i) immigration information and products; and (ii) an automated software solution
for filling out certain U.S. immigration forms using the specific information and directions you provide,
which Immigration Path then delivers to you along with filing instructions (referred to hereafter as the "Service").
Immigration Path provides the Service subject to these Terms of Use (the "Terms"), which may be updated by us from time to time.
By using the Website and/or purchasing our Service, you acknowledge that:
- Immigration Path is not representing me in any legal matter;
- No attorney-client relationship or privilege is created between me and Immigration Path or its employees;
- I have been informed of the nature and limits of Immigration Path's Service and the cost of the Service; and
- No government agency has evaluated, endorsed or approved Immigration Path's Website or Service.
Immigration Path is not a government agency and is not affiliated with or endorsed by any federal, state or local government agency.
We are not a law firm and the Service is not a substitute for the advice of an attorney.
Neither Immigration Path nor any of its employees provide legal services or legal advice.
This Website is not intended to, and does not, create any attorney-client relationship.
No attorney-client relationship will be created between you, Immigration Path or any of its employees
through your use of this Website, purchase of the Service or communications between you and
Immigration Path or any of its employees or representatives. Immigration Path does not provide the legal services that an attorney provides,
and we will not provide any explanation, advice, recommendation or opinion about your legal rights, options,
selection of forms or strategies. You or any attorney you retain are representing you in any legal matter
you undertake using our Services. You are free to consult with and retain an attorney of your choice at any time.
If you have any legal questions or specific or unique problems, please obtain legal advice from a qualified attorney.
A primary advantage of our Website is providing information about the U.S. Citizenship and Immigration Service
and U.S. Department of State application processes and requirements. Our Website gives you access to a user-friendly,
automated "do-it yourself" software solution guiding you through the process of preparing an application,
based on the specific information you provide and decisions you make.
By accessing our Website and/or using our Service in any way, you are agreeing to comply with and be bound by these Terms.
In addition, when using our Website and our Service, you agree to abide by any posted guidelines for all of Immigration Paths's services,
which may change from time to time, and to comply with all applicable laws, regulations and rules.
If you object to any of these Terms, any guidelines, or any subsequent modifications,
or if you become dissatisfied with Immigration Path, the Website or the Services, you should immediately
discontinue use of the Website and the Services. These Terms remain in force and effect as long as you are a user
of the Website and/or a registered user. In the event of termination of any membership, service or feature,
you will still be bound by your obligations under these Terms, including any indemnifications, warranties and
limitations of liability. You should periodically review these Terms. Immigration Path reserves the right,
at any time, to change the Terms by publishing revised terms on the Website.
Any use of the Website and/or Services by you after Immigration Path's publication of any such changes shall
constitute your acceptance of these Terms, as modified, with regard to any additional use of the Website or
additional purchase of Services. You agree that Immigration Path 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 Immigration Path provided to you.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE. BY USING THE WEBSITE AND AGREEING TO THESE TERMS,
YOU CONFIRM THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO A CONTRACT.
Access to the Website and Service and Restrictions on Your Use
Immigration Path grants you a limited, revocable, nonexclusive, non-transferable license to access our Website and use our Service
for your own personal use only. You may not download or modify any portion of the Website except as
expressly permitted by Immigration Path. No Materials (as defined in the paragraph below) from the Website may be copied,
reproduced, republished, uploaded, posted, transmitted, or distributed in any way without Immigration Path's express,
written permission. Violation of these Terms results in the automatic termination, without notice, of your license
to access the Website and use the Service, and also may constitute the infringement of Immigration Path's copyright,
trademark and/or other rights. You agree not to access or try to access any computer system of Immigration Path, its programs
or its data that are not made available for public use. Except as expressly stated herein, you are not granted
any right or license, by implication, estoppel, or otherwise, in or to any patent, trademark, copyright, or proprietary
right of Immigration Path’s or any third party, in connection with your use of the Website and any Materials provided by Immigration Path or any
third party on the Website. Elements of the Website, including custom graphics, images, logos, page headers, sounds,
button icons, and the “look and feel” of the Website (including its design, layout, color combinations, button shapes
and other graphical elements) are protected by copyright, trade dress and other state and federal laws and may not
be copied or imitated, in whole or in part.
You agree that you will not do any of the following:
- 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.
- Circumvent, disable or interfere with the security of the Website or features that prevent,
limit or restrict use or copying of the Website or any 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 containing viruses, worms, Trojan horses, defects,
date bombs, time bombs or other destructive or harmful items.
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or
attempt to derive any source code or underlying ideas or algorithms on the Website.
- Do anything that imposes or may impose, in our sole judgment, an unreasonable or disproportionately large load on our (or our third party providers') infrastructure.
- "Frame" or "mirror" the Website or any part.
- Use the Website, the Service or any Materials for any unlawful purpose.
- Spam or flood.
- Resell or make commercial use of the Website, the Service or Materials; or (b) make any derivative use of the Website, the Service or Materials.
Privacy Policy
Immigration Path's
Privacy Policy, as displayed on our Website, is part of these Terms.
Please read it, because you are agreeing that it applies to our collection and use of information from you.
Registering For An Account
You are free to browse our Website and view public content without registering.
As a condition to using certain aspects of the Website or purchasing our Service,
you must register with us and create a User ID consisting of a password and valid email address ("User ID").
You must give us accurate and complete registration information.
Not doing so breaches these Terms and may result in termination of your account.
Do not:
- use the name or email of another person with the intent to impersonate that person;
- use a name or email of a person other than you without authorization;
- or use a name or email that is illegal, offensive, vulgar or obscene
We may refuse registration, cancel a User ID or deny you access to the Website in our sole discretion.
You are solely responsible for any activity conducted using your account.
You are responsible for keeping your password and security information confidential.
Do not use another user's account without express written permission from that user.
You must notify us immediately in writing of any unauthorized use of your account or other security breach of which you are aware.
Please read our
Privacy Policy.
It describes the personally identifiable information we collect, use, disclose, manage and store.
You may not transfer or resell your User ID or access to the Website.
We are not liable for any harm caused by the theft, misappropriation or disclosure of your User ID,
or from you letting anyone else use your User ID.
Pricing and Fees
The prices posted on our Website are the fees we charge for our Service.
They are subject to change at any time within our sole discretion.
The U.S. Citizenship and Immigration Services (formerly INS) and the
U.S. Department of State may charge additional processing and filing fees,
which also are subject to change at any time.
These fees are not included in our prices.
You must pay these fees to the government separately at the time your application is submitted.
Refund Policy
All refunds will be calculated according to the actual purchase price paid at the time of purchase.
Please note that returns for credit and debit card transactions are issued within two (2) business days,
however it may take up to five (5) business days for the credit to post to your credit card or bank account.
- Online Form Completion Service
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You may request a refund of your purchase of the Service for any reason within the first thirty (30) days
after the date you paid for the Service. Once you have successfully downloaded (according to Immigration Path's records)
a Downloadable Product, you are no longer eligible for a refund.
We may make special offers on our Website, via telephone, email or otherwise.
If there is a variation or conflict between the terms of the special offer and these terms,
the Terms of the special offer apply.
To request a refund or exchange, contact Customer Service via the Contact Us page.
Customers ineligible for a refund may be granted a partial refund in our sole discretion.
We are not liable for any refund amount due to technical problems on your computer,
including but not limited to: printer malfunction, inability to install Adobe Acrobat Reader,
and/or problems due to Internet connectivity.
Notwithstanding anything to the contrary herein, with respect to refund requests for
Online Form Completion Services only, if you are a resident of the state of California, Illinois, Maryland,
Michigan, Minnesota, New York or Washington, you 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.
Limitations on Our Service
You agree that Immigration Path is not responsible for any rejection or denial of your immigration application
due to ineligibility for the immigration benefit which you are seeking,
due to your failure to timely or properly file your application,
or for any circumstances outside our control.
Further, you acknowledge that USCIS publishes updated forms and changes filing fees from time to time.
If you delay submitting your application to USCIS, be sure to confirm that USCIS still accepts the form
you have printed and that the filing fee has not changed.
Print your forms only on U.S. letter-sized paper (8.5 inches by 11 inches).
This is the only paper size that USCIS currently accepts.
We are not responsible if the USCIS does not follow their own guidelines as published on its website.
You acknowledge that we may set limits on the use of the Service and reserve the right at any time to modify the
availability of 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.
Limitations of Liability and Damages
YOU AGREE THAT IMMIGRATION PATH’S LEGAL LIABILITY, INCLUDING THE LIABILITY OF ITS AFFILIATES, OFFICERS,
DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS, FOR ANY CLAIM MADE BY YOU ARISING OUT OF YOUR
USE OF THE WEBSITE OR PURCHASE OF THE SERVICE SHALL BE LIMITED TO THE AMOUNT YOU PAID TO IMMIGRATION PATH,
EXCEPT AS PROVIDED IN THE ARBITRATION AGREEMENT BELOW. UNDER NO CIRCUMSTANCES WILL SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES BE AWARDED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THIS 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.
Indemnity
You agree to defend, indemnify and hold Immigration Path, 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 your acknowledgements, agreements,
representations and warranties herein.
YOU ACKNOWLEDGE THAT IMMIGRATION PATH HAS SET ITS PRICES AND HAS PROVIDED ACCESS TO THE WEBSITE IN
RELIANCE ON THESE LIMITATIONS OF LIABILITY AND DAMAGES AND THE INDEMNITY IN THESE TERMS,
AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS UPON WHICH IMMIGRATION PATH PROVIDES ITS WEBSITE AND
OFFERS ITS SERVICES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY AND DAMAGES AND THE INDEMNITY IN
THESE TERMS SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
Links to Third Party Sites
The Website may link to other websites that are independent of Immigration Path.
These links are provided only as a convenience.
We make no representation or warranty as to the accuracy, completeness or
authenticity of the information contained in, or the products or services provided or sold by, any such site.
You visit any such website at your own risk.
You agree that the Immigration Path is not responsible for any loss or damage of any sort
you may incur from dealing with such third party website(s).
Ownership of Content
Immigration Path owns and operates this Website.
Immigration Path or third parties own 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").
Except as otherwise expressly provided by Immigration Path, you may not copy, republish, reproduce, upload,
download, display, post, distribute, or transmit the Materials in any way. Nothing on this Website confers any license,
express or implied, of Immigration Path's intellectual property rights. Any rights not expressly granted to you
by these Terms are reserved by Immigration Path.
All Website design, text, graphics, and the selection and arrangement thereof, are owned by Immigration Path.
Digital Millennium Copyright Act
If you are a copyright owner or an agent and believe that any Material or content on this Website infringes
your copyright, you may submit a notification under the Digital Millennium Copyright Act ("DMCA") by providing 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.
Enforcement of Rules and Policies
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 Immigration Path 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.
Choice of Law
The Terms and the relationship between you and Immigration Path shall be governed by the laws
of the State of California without regard to any conflicts of laws principles.
Technical Support
If you encounter a technical problem printing or accessing your completed application,
or some other problem, Immigration Path's customer service representatives may be able to help.
If you ask Immigration Path to send your completed application to you,
you are specifically authorizing them to log in to your account to generate
your application and view your application data.
If you ask a customer service representative to remotely control your computer in order to try to resolve your problem,
you acknowledge and accept that Immigration Path is not liable for any technical problems that
may persist or arise with your computer after doing so.
Miscellaneous
These Terms constitute the entire agreement between you and Immigration Path.
They govern your use of the Website and the Service and supersede any prior agreements between you and Immigration Path.
Immigration Path's failure 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 Immigration Path may have under trade secret, copyright, patent or other laws.
Immigration Path's employees are not authorized to modify the Terms, or to make any additional representations,
commitments, or warranties binding on Immigration Path, except in writing signed by an authorized Immigration Path officer.
If any provision of these Terms is found to be invalid,
you agree that the other provisions of the Terms remain in full force and effect.
You warrant, represent and agree that, by using the Website and/or the Services, you
(i) have carefully read and considered these Terms and fully understand its contents,
(ii) are consenting to these Terms of your own free will,
based upon your own judgment and without any coercion or fear of retaliation, and
(iii) you have had a chance to consult independent legal counsel with respect to these Terms.
Further, unless both you and Immigration Path agree otherwise,
no court or arbitrator may consolidate more than one person's claims or otherwise preside
over any form of a representative or class action based on any claim you may assert against Immigration Path.
In the event that you breach these Terms, Immigration Path will, in addition to all other available remedies,
be entitled to the equitable remedies of a temporary restraining order, preliminary and/or permanent injunction.
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.