Terms of Service Agreement
Scope of Agreement
This Terms of Use Agreement (the “Agreement”) sets forth the agreement between VisaEsquire LLC (“VisaEsquire” or “we”) and each user (“you” or “user”) governing your use of the website www.visaesquire.com (the “Site”), all subdomains of the Site and the services provided by VisaEsquire LLC (the “Services”). You may not access the Site or use the Services, if you do not agree to the terms of this Agreement. You acknowledge that by accessing the Site, viewing the Site or using the Services you agree to be legally bound by all terms of the Agreement and affirm that you have read and understood the Agreement.
Intellectual Property
All intellectual property, including images, illustrations, photographs, designs, computer code, software, and text (collectively “the Intellectual Property”) that are found on the Site are property of VisaEsquire. No ownership interest or title in the Intellectual Property is transferred to you. You may not download, reproduce, distribute, publish, or sell the Intellectual Property.
We respect intellectual property rights. If you believe that there are any materials on the site that infringe your intellectual property rights, please submit a notice with the following information:
(1) Detailed description of the intellectual property that has allegedly been infringed. If there are several works, please provide a list.
(2) Describe the intellectual property and provide enough information to allow VisaEsquire to locate it on the Site. Please include the url address of the page(s).
(3) Provide your contact information. The information should include an address, telephone, and (if available) an e-mail address.
(4) Include a statement certifying that you believe in good faith that the use of the intellectual property is not authorized by law, by the owner, or the owner’s agent.
(5) Certify that the information provided is accurate and attest under penalty of perjury that you are authorized to enforce the intellectual property rights that have allegedly been infringed.
(6) Include you signature (physical or electronic).
The notice can be submitted to: contact@visaesquire.com
Services
VisaEsquire is a modern online platform that aims to help you to complete immigration forms. The forms are made available by USCIS and other government agencies free of charge. Use of the Site is not required to complete or file the forms. We provide information and proprietary software (the “Software”) that aims to make the process of completing the forms easier.
You may be required to submit additional information after purchasing the Services. You may not submit any false, inaccurate, incomplete, or deceptive information. Failure to submit information requested by VisaEsquire, by USCIS, or by another government agency may result in your application being rejected or denied. We will not be liable for any such rejection or denial.
If you submit any information, data, materials, or information (the “Materials”) to VisaEsquire, you grant us and our affiliates a royalty-fee, perpetual, and irrevocable license to use, sublicence, reproduce or modify the Materials. We shall not be required to maintain any of the Materials or pay you for using the Materials.
Fees
We charge fees for the Services (“Our Fees”). The fees are stated on the Site. Government agencies, including USCIS, charge their own fees (the “Government Fees”). The Government Fees must be paid separately and in addition to Our Fees. You are responsible for paying the Government Fees directly to the government in addition to paying Our Fees to VisaEsquire.
You will be required to provide valid payment information to purchase the Services. You authorize VisaEsquire to charge your payment method for the Service fees as they become due. If we do not receive payment for the Services or if we cannot charge your payment method because the payment information is incorrect or invalid, we will not be required to provide the Services.
All refund requests must be made within 7 (seven) days of purchase. We cannot refund any fees paid to a third party, including fees paid to an independent attorney providing services under the Independent Attorney Agreement. All refund requests made after 7 days will be reviewed and decided case-by-case. In the unlikely case that you receive a notice or a Request for Evidence (RFE) from USCIS due to our error, we will help you respond to the notice at no additional charge. We will not be required to help you to respond to a notice or a Request for Evidence (RFE) received for any other reason.
Third Party Links and Services
We do not endorse, recommend, or warranty any products or services provided by third parties. We are not a lawyer referral service. We do not endorse, recommend, approve of or make any representations about any lawyers or law firms that are referenced on the Site. We are not responsible for the content of other websites, including the websites that we link to. The links are provided as a courtesy to our customers and we do not make any representations about the sites.
Disclaimer
VISA ESQUIRE IS NOT A LAW FIRM AND THE USE OF THE SERVICES DOES NOT CONSTITUTE AND DOES NOT SUBSTITUTE LEGAL ADVICE. NO ATTORNEY-CLIENT RELATIONSHIP IS BEING CREATED BETWEEN YOU AND VISAESQUIRE BY USING THE SITE OR BY RECEIVING THE SERVICES. IF YOU NEED LEGAL ADVICE, YOU SHOULD CONSULT A LICENSED ATTORNEY. IF YOU PURCHASE A SERVICE THAT INCLUDES REVIEW BY AN ATTORNEY, YOU AGREE TO BE BOUND BY THE TERMS OF THE INDEPENDENT ATTORNEY AGREEMENT.
Limited Liability
NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES SUFFERED BY SUCH OTHER PARTY, WHETHER IN CONTRACT, TORT, WARRANTY, NEGLIGENCE OR STRICT LIABILITY, AND REGARDLESS OF WHETHER THE PARTIES KNEW OF THE POSSIBILITY THAT SUCH DAMAGES COULD ARISE. EACH PARTY HEREBY RELEASES THE OTHER PARTY AND SUCH OTHER PARTY’S RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS FROM ANY SUCH CLAIM. VISAESQUIRE SHALL NOT BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU FOR THE SERVICES PROVIDED ON THE SITE.
No Warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND. NO WARRANTIES OF ANY KIND ARE INCLUDED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. VISAESQUIRE DOES NOT WARRANT AND DOES NOT IMPLY THAT THE SITE OR SERVICES WILL BE ERROR FREE. THIS CLAUSE IS A MATERIAL PART OF THIS AGREEMENT.
Indemnification
You agree to indemnify, hold harmless and defend VisaEsquire, our officers and employees from and against all claims and lawsuits by third parties for damages, losses, and expenses including court costs and reasonable attorney’s fees, arising out of, or resulting from, your breach of any law, breach of this agreement, or infringement of any rights of a third party, including lawsuits based upon allegations of negligent or intentional acts on your part or on the part of your employees, agents, subcontractors, or licensees.
Agreement Termination
We may terminate this agreement and deny access to the Site and to the Services, if you breach, or threaten to breach the Agreement or any terms of the Agreement. No refund will be issued if you breach, or threaten to breach the Agreement or any terms of the Agreement. You may terminate the Agreement by delivering a written notice, via email to contact@visaesquire.com. We shall not be required or obligated to return the Fees that you have paid, unless the Agreement is terminated and the refund is requested within 7 (seven) days of purchase.
Dispute Resolution
Many disputes can be resolved by contacting us at contact@visaesquire.com. If we cannot address your complaint to your liking, you and VisaEsquire agree to resolve all such disputes through binding arbitration.
Arbitration Agreement
You acknowledge that by accessing the Site, viewing the Site or using the Services you agree to be legally bound by all terms of this arbitration agreement (the “Arbitration Agreement”). For the purposes of the Arbitration Agreement, any references to “you” and “VisaEsquire” also cover our employees, officers, partners, and beneficiaries (the “Beneficiaries”). The beneficiaries include all people directly or indirectly deriving any benefits or use of the Services or use of the Site, including your fiancé(e), your relatives, and relatives of your fiancé(e). Any arbitration under the Arbitration Agreement will be individual binding arbitration. Group arbitration and class arbitration are not allowed. The arbitrator may not consolidate claims belonging to more than one person and may not conduct a class or representative proceeding. You agree to arbitrate all disputes with VisaEsquire before a single arbitrator. This agreement covers all types of disputes between us that can be arbitrated, including claims between you and VisaEsquire arising out of or relating to the Site, the Services, and any other disputes between us, including claims based in contract, tort, misrepresentation, fraud, and all other claims. The Arbitration Agreement covers claims between you and VisaEsquire arising before the Agreement and before the Arbitration Agreement. The Arbitration Agreement also covers claims that may arise after the Agreement is terminated. If a court decides that that a particular clay may be brought in court, only that claim may be brought in court.
You agree to send a written notice by USPS certified mail to VisaEsquire before initiating arbitration. The notice must be sent at least 60 days before filing for arbitration. The notice must specify the nature of the dispute and specify the relief sought. The notice must be mailed to:
The Consumer Arbitration Rules will govern and control this arbitration. However, the arbitrator is bound by the rules of the Arbitration Agreement. The arbitration will take place in the county where VisaEsquire is located. If your claim is for less than $10,000, we may choose to have the arbitration conducted solely based on the documents submitted to the arbitrator or based on a telephone hearing. If the amount in controversy exceeds $75,000, an arbitration award may be appealed within 30 days of the award to a panel of three arbitrators administered by the American Arbitration Association. You and VisaEsquire agree not to rely for preclusive effect on any findings of fact or conclusion of law made in any prior arbitration involving VisaEsquire; previous arbitration awards may not be considered.
Severability
In case any provision of the Agreement or the Arbitration Agreement is held to be invalid, illegal or unenforceable, the validity and enforceability of the other provisions shall not be affected and the remaining provisions of the Agreement and the Arbitration Agreement shall be enforceable to the fullest extent of the law.
Changes
VisaEsquire may amend the Agreement or make changes to the Agreement at any time by posting the new agreement on the Site. You acknowledge that by continuing to access the Site, viewing the Site or using the Services you agree to be legally bound by the terms of the new agreement.
Miscellaneous Provisions
You and VisaEsquire agree to communicate electronically, including by e-mail. You agree that electronic communications, including notices, disclosures, and agreements are communications that are made in writing, with respect to any communications that must be made in writing as a matter of law.
You may not assign your rights under the Agreement.
Choice of Law
THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF OHIO.
Entire Agreement
The Agreement, including the documents referred to herein, constitutes the entire agreement between you and VisaEsquire and supersedes any other understandings, agreements, or representations between you and VisaEsquire, written or oral, to the extent they conflict in any way with the Agreement.