PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE.
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 user-friendly, automated “do-it-yourself” software solutions that guide you through the application preparation process based upon your specific direction. The payment received by the Company is in exchange for the use of these Services.
By accessing the Website and using the Services in any way, you are agreeing to comply with and be bound by these Terms. In addition, when using the Website and the Services, 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 OR THE COMPANY’S SERVICES.
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. Regulated by the Office of Legal Services Innovation of the Utah Supreme Court
The Company is not a government agency and is not affiliated with nor endorsed by any government agency. The Company is not a lawyer referral service. The Company is a law firm authorized to provide legal services, including the practice of law, by the Office of Legal Services Innovation of the Utah Supreme Court. Some of the people who own / manage this company are not lawyers. This means that some services / protections, like the attorney-client privilege, may be different from those you could get from a law firm. If you have questions, please contact us at 385-955-4711.
3. 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 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.
4. Access to the Service
Company grants you a limited, revocable, nonexclusive, non-transferable license to access the Website and use the Services for your own personal use only, and not to download or modify the Website or any portion thereof (other than as expressly permitted by Company.) You agree that no Materials (as defined in Paragraph 9 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 Services, 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 Website, 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.
You agree that in connection with your use of the Website, you will not do any of the following:
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). Company makes no representation or warranty as to the accuracy, legality, decency, completeness or authenticity of the information contained in, or the products or services provided or sold by, any such website, or any other aspect of any such website.
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 by logging into your account and viewing your form information.
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 Services and that Company may from time to time make changes or updates to its Website, Content, Services and/or software solutions (an “Update”) in order to continue to provide best in-class services and to ensure that the Website supports form updates implemented by applicable government agencies. In the event of an Update, you may be required to provide additional information when returning to your account in order to complete or print your final application. In the event an Update has been made and your account has remained dormant for an extended period of time, Company may disable viewing or editing access of your personal information and require you to contact our customer service in order to view or access your outdated application and/or reuse the Services. Without limiting any other provision of these Terms, Company shall not be liable or responsible for any rejection or denial as a result of an outdated form submission.
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.
A. Website Content. The Website is owned and operated by 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 © 2022, My Immigration, LLC. ALL RIGHTS RESERVED.
C. Trademarks. “My Immigration”, “My Immigration.com”, the Company’s logo, all images and text, and all page headers, custom graphics and button icons are service marks, registered trademarks and/or trade dress of Company. All other trademarks, product names and company names or logos cited herein or on the Website are the property of their respective owners.
11. Refund Policy
A full refund will be issued if you make the refund request before legal fees are earned. According to the Limited Scope Representation Agreement, legal fees are earned after your case is reviewed and the results of the review are communicated to you. If part of the lawyer’s communication is a request for you to provide additional information or documentation, any additional review and communication regarding the case is complimentary and at the lawyer’s discretion. See the Limited Scope Representation Agreement for additional details about legal fees.
Notwithstanding any other provision herein, we cannot provide refunds for services provided by a third-party service provider, including, without limitation, an independent attorney or professional services provider, are subject exclusively to the agreement between you and such third party.
All approved refunds for credit and debit card transactions are issued within five (5) 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 canceled.
We want you to be 100% satisfied with our Services. If you are less than satisfied or believe there has been an error in billing, please contact our Customer Service Department at (385) 955-4711 or click here to request a refund.
One package shipment is included with limited scope legal services. If an additional package is requested and is shipped using regular expedited service, the charge will be $50. If overnight service is requested, the charge will be $80. If a package is not received and cannot be shown as “delivered” by USPS or other courier tracking, we will send out a replacement Print & Mail Service package to you at no cost.
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):
Our designated Copyright Agent to receive notifications of claimed infringement is: 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.
IF THERE IS LIABILITY IN ANY LEGAL PROCEEDING FOUND ON THE PART OF COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS, TO THE EXTENT PERMITTED BY LAW, SUCH LIABILITY 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, EXEMPLARY 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 Services and/or the Website, your violation of the Terms, or your breach of any of the representations and warranties herein.
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.
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.
The Terms and the relationship between you and Company shall be governed by the laws of the State of Utah without regard to any conflicts of laws principles.
Please read this carefully. It affects your rights.
Most of 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.
(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:
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 Service 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 the following address (the “Notice Address”):
My Immigration LLC
Client Relations Department
265 N. Main St. Suite D #311
Kaysville, UT 84037
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 https://www.myimmigration.com/noticeofdispute.pdf.
You may download or copy a form to initiate arbitration from the AAA website at https://www.adr.org/sites/default/files/Demand%20for%20Arbitration%20Consumer%20Arbitration%20Rules.pdf.
(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.
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 Services, 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 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.
You warrant, represent and agree that, by accessing or using the Website, its Content and/or the Service, 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.
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