1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any
person or entity in any jurisdiction or country where such distribution or use would be contrary to
law or regulation or which would subject us to any registration requirement within such jurisdiction
or country. Accordingly, those persons who choose to access the Services from other locations do so
on
their own initiative and are solely responsible for compliance with local laws, if and to the extent
local laws are applicable.
EB1A Experts LLC provides educational resources, general guidance, and informational tools related
to
the EB1A immigrant visa pathway. We are not a law firm, do not provide legal advice, and do not
engage
in the practice of law. No attorney-client relationship is created through your use of the Services.
Any materials, assessments, examples, or recommendations offered through the Services are for
informational and self-help purposes only and should not be relied upon as a substitute for advice
from a licensed immigration attorney. From time to time, we may refer you to, or provide access to,
third-party professionals or service providers including but not limited to licensed immigration
attorneys, tax professionals, credential evaluators, business consultants, writers, or other
specialists to support aspects of your EB1A preparation. These third parties are independent from
us,
and we do not endorse, supervise, or control their services. You are solely responsible for
evaluating, selecting, and engaging any third-party provider and for verifying their professional
qualifications, fees, and suitability for your needs. Your use of our Services does not guarantee
eligibility for any immigration benefit, USCIS approval, or outcome. You remain solely responsible
for
your filings, documentation, representations made to government authorities, and for obtaining
independent legal counsel when required.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all
source code, databases, functionality, software, website designs, audio, video, text, photographs, and
graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and
logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual
property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your personal,
non-commercial
use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section
below,
we grant you a non-exclusive, non-transferable, revocable license to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access,
solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no
Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for
any
commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section
or
elsewhere in our Legal Terms, please address your request to: connect@eb1aexperts.com. If we ever grant
you the permission to post, reproduce, or publicly display any part of our Services or Content, you
must
identify us as the owners or licensors of the Services, Content, or Marks and ensure that any
copyright
or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms
and your right to use our Services will terminate immediately.
Your submissions and contributions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our
Services
to understand the (a) rights you give us and (b) obligations you have when you post or upload any
content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other
information about the Services ("Submissions"), you agree to assign to us all intellectual property
rights in such Submission. You agree that we shall own this Submission and be entitled to its
unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or participate in blogs,
message
boards, online forums, and other functionality during which you may create, submit, post, display,
transmit, publish, distribute, or broadcast content and materials to us or through the Services,
including but not limited to text, writings, video, audio, photographs, music, graphics, comments,
reviews, rating suggestions, personal information, or other material ("Contributions"). Any Submission
that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services and possibly through
third-party websites.
When you post Contributions, you grant us a license (including use of your name, trademarks, and
logos):
By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy,
reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly
display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions
(including,
without limitation, your image, name, and voice) for any purpose, commercial, advertising, or
otherwise,
to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense
the licenses granted in this section. Our use and distribution may occur in any media formats and
through any media channels.
This license includes our use of your name, company name, and franchise name, as applicable, and any
of
the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload: By sending us Submissions and/or posting
Contributions
through any part of the Services or making Contributions accessible through the Services by linking
your
account through the Services to any of your social networking accounts, you:
- confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send,
publish, upload, or transmit through the Services any Submission nor post any Contribution that is
illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory,
threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all moral rights to any such Submission
and/or Contribution;
- warrant that any such Submission and/or Contributions are original to you or that you have the
necessary rights and licenses to submit such Submissions and/or Contributions and that you have full
authority to grant us the above-mentioned rights in relation to your Submissions and/or
Contributions;
and
- warrant and represent that your Submissions and/or Contributions do not constitute confidential
information.
You are solely responsible for your Submissions and/or Contributions and you expressly agree to
reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b)
any third party’s intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to monitor any
Contributions,
we shall have the right to remove or edit any Contributions at any time without notice if in our
reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we
remove or edit any such Contributions, we may also suspend or disable your account and report you to
the
authorities.
Copyright infringement
We respect the intellectual property rights of others. If you believe that any material available on
or
through the Services infringes upon any copyright you own or control, please immediately refer to the
" DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY " section below.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you submit
will
be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and
promptly update such registration information as necessary; (3) you have the legal capacity and you
agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you
reside;
(5) you will not access the Services through automated or non-human means, whether through a bot,
script
or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your
use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the
right
to suspend or terminate your account and refuse any and all current or future use of the Services (or
any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and
will be responsible for all use of your account and password. We reserve the right to remove, reclaim,
or change a username you select if we determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
5. PURCHASES AND PAYMENT
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Wire Transfer
You agree to provide current, complete, and accurate purchase and account information for all
purchases
made via the Services. You further agree to promptly update account and payment information, including
email address, payment method, and payment card expiration date, so that we can complete your
transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed
required by us. We may change prices at any time. All payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable
shipping
fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing
your
order. We reserve the right to correct any errors or mistakes in pricing, even if we have already
requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion,
limit or cancel quantities purchased per person, per household, or per order. These restrictions may
include orders placed by or under the same customer account, the same payment method, and/or orders
that
use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in
our
sole judgment, appear to be placed by dealers, resellers, or distributors.
6. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically renew unless canceled. You consent to our charging
your payment method on a recurring basis without requiring your prior approval for each recurring
charge, until such time as you cancel the applicable order. The length of your billing cycle is
monthly.
Free Trial
We offer a 7-day free trial to new users who register with the Services. The account will be charged
according to the user's chosen subscription at the end of the free trial.
Cancellation
All purchases are non-refundable. You can cancel your subscription at any time by logging into your
account. Your cancellation will take effect at the end of the current paid term. If you have any
questions or are unsatisfied with our Services, please email us at connect@eb1aexperts.com.
Fee Changes
We may, from time to time, make changes to the subscription fee and will communicate any price changes
to you in accordance with applicable law.
7. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services
available. The Services may not be used in connection with any commercial endeavors except those that
are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or
indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive
account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services,
including features that prevent or restrict the use or copying of any Content or enforce limitations
on the use of the Services and/or the Content contained therein.
-
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Services.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other
material,
including excessive use of capital letters and spamming (continuous posting of repetitive text),
that
interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs,
disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the
Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or
using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or
active information collection or transmission mechanism, including without limitation, clear
graphics
interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes
referred to as "spyware" or "passive collection mechanisms" or "pcms").
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services
connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any
portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the
Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript,
or
other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any
of
the software comprising or in any way making up a part of the Services.
- Except as may be the result of standard search engine or Internet browser usage, use, launch,
develop, or distribute any automated system, including without limitation, any spider, robot, cheat
utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized
script or other software.
- Use a buying agent or purchasing agent to make purchases on the Services.
- Make any unauthorized use of the Services, including collecting usernames and/or email addresses
of
users by electronic or other means for the purpose of sending unsolicited email, or creating user
accounts by automated means or under false pretenses.
- Use the Services as part of any effort to compete with us or otherwise use the Services and/or the
Content for any revenue-generating endeavor or commercial enterprise.
8. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in blogs, message boards, online
forums, and other functionality, and may provide you with the opportunity to create, submit, post,
display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the
Services, including but not limited to text, writings, video, audio, photographs, graphics, comments,
suggestions, or personal information or other material (collectively, "Contributions"). Contributions
may be viewable by other users of the Services and through third-party websites. As such, any
Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or
make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing,
downloading, or copying of your Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any
third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and
permissions to use and to authorize us, the Services, and other users of the Services to use your
Contributions in any manner contemplated by the Services and these Legal Terms.
- You have the written consent, release, and/or permission of each and every identifiable individual
person in your Contributions to use the name or likeness of each and every such identifiable
individual person to enable inclusion and use of your Contributions in any manner contemplated by
the
Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid
schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any
other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise
intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national
origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of
these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in,
among other things, termination or suspension of your rights to use the Services.
9. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Services, you automatically grant, and you represent
and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable,
perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use,
copy,
reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly
perform,
publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such
Contributions (including, without limitation, your image and voice) for any purpose, commercial,
advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such
Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may
occur
in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and
includes
our use of your name, company name, and franchise name, as applicable, and any of the trademarks,
service marks, trade names, logos, and personal and commercial images you provide. You waive all moral
rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in
your
Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in your Contributions provided
by
you in any area on the Services. You are solely responsible for your Contributions to the Services and
you expressly agree to exonerate us from any and all responsibility and to refrain from any legal
action
against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any
Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on
the
Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without
notice. We have no obligation to monitor your Contributions.
10. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party
Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or items belonging to or originating from third
parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not
investigated,
monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible
for any Third-Party Websites accessed through the Services or any Third-Party Content posted on,
available through, or installed from the Services, including the content, accuracy, offensiveness,
opinions, reliability, privacy practices, or other policies of or contained in the Third-Party
Websites
or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any
Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.
If
you decide to leave the Services and access the Third-Party Websites or to use or install any
Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer
govern. You should review the applicable terms and policies, including privacy and data gathering
practices, of any website to which you navigate from the Services or relating to any applications you
use or install from the Services. Any purchases you make through Third-Party Websites will be through
other websites and from other companies, and we take no responsibility whatsoever in relation to such
purchases which are exclusively between you and the applicable third party. You agree and acknowledge
that we do not endorse the products or services offered on Third-Party Websites and you shall hold us
blameless from any harm caused by your purchase of such products or services. Additionally, you shall
hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in
any
way from any Third-Party Content or any contact with Third-Party Websites.
11. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these
Legal
Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law
or
these Legal Terms, including without limitation, reporting such user to law enforcement authorities;
(3)
in our sole discretion and without limitation, refuse, restrict access to, limit the availability of,
or
disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4)
in our sole discretion and without limitation, notice, or liability, to remove from the Services or
otherwise disable all files and content that are excessive in size or are in any way burdensome to our
systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property
and to facilitate the proper functioning of the Services.
12. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy:
https://eb1aexperts.com/privacy-policy. By using
the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal
Terms.
Please be advised the Services are hosted in the United States. If you access the Services from any
other region of the world with laws or other requirements governing personal data collection, use, or
disclosure that differ from applicable laws in the United States, then through your continued use of
the
Services, you are transferring your data to the United States, and you expressly consent to have your
data transferred to and processed in the United States.
13. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
Notifications
We respect the intellectual property rights of others. If you believe that any material available on
or
through the Services infringes upon any copyright you own or control, please immediately notify our
Designated Copyright Agent using the contact information provided below (a "Notification"). A copy of
your Notification will be sent to the person who posted or stored the material addressed in the
Notification. Please be advised that pursuant to federal law you may be held liable for damages if you
make material misrepresentations in a Notification. Thus, if you are not sure that material located on
or linked to by the Services infringes your copyright, you should consider first contacting an
attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following
information: (1) A physical or electronic signature of a person authorized to act on behalf of the
owner
of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed
to
have been infringed, or, if multiple copyrighted works on the Services are covered by the
Notification,
a representative list of such works on the Services; (3) 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 us to locate the material;
(4)
information reasonably sufficient to permit us to contact the complaining party, such as an address,
telephone number, and, if available, an email address at which the complaining party may be contacted;
(5) a statement that the complaining party has 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 (6) a
statement that the information in the notification is accurate, and under penalty of perjury, that the
complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly
infringed upon.
Counter Notification
If you believe your own copyrighted material has been removed from the Services as a result of a
mistake
or misidentification, you may submit a written counter notification to our Designated Copyright Agent
using the contact information provided below (a "Counter Notification"). To be an effective Counter
Notification under the DMCA, your Counter Notification must include substantially the following: (1)
identification of the material that has been removed or disabled and the location at which the
material
appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of
the
Federal District Court in which your address is located, or if your address is outside the United
States, for any judicial district in which we are located; (3) a statement that you will accept
service
of process from the party that filed the Notification or the party's agent; (4) your name, address,
and
telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the
material in question was removed or disabled as a result of a mistake or misidentification of the
material to be removed or disabled; and (6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we
will
restore your removed or disabled material, unless we first receive notice from the party filing the
Notification informing us that such party has filed a court action to restrain you from engaging in
infringing activity related to the material in question. Please note that if you materially
misrepresent
that the disabled or removed content was removed by mistake or misidentification, you may be liable
for
damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.
Designated Copyright Agent
Carbon Law Group
Attn: Copyright Agent
13925 City Center Drive,
Suite 200
Chino Hills, CA 91709
United States
admin@carbonlg.com
14. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING
ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES),
TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY
CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and
creating
a new account under your name, a fake or borrowed name, or the name of any third party, even if you
may
be acting on behalf of the third party. In addition to terminating or suspending your account, we
reserve the right to take appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
15. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any
reason at our sole discretion without notice. However, we have no obligation to update any information
on our Services. We will not be liable to you or any third party for any modification, price change,
suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software,
or other problems or need to perform maintenance related to the Services, resulting in interruptions,
delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise
modify the Services at any time or for any reason without notice to you. You agree that we have no
liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use
the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will
be
construed to obligate us to maintain and support the Services or to supply any corrections, updates,
or
releases in connection therewith.
16. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the
laws
of the State of Washington applicable to agreements made and to be entirely performed within the State
of Washington, without regard to its conflict of law principles.
17. DISPUTE RESOLUTION
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except
those
Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration.
YOU
UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY
TRIAL.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the
American
Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for
Consumer
Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration
Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be
governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such
costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses.
The arbitration may be conducted in person, through the submission of documents, by phone, or online.
The arbitrator will make a decision in writing, but need not provide a statement of reasons unless
requested by either Party. The arbitrator must follow applicable law, and any award may be challenged
if
the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or
applicable
law, the arbitration will take place in King County, Washington. Except as otherwise provided herein,
the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to
confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced
or prosecuted in the state and federal courts located in King County, Washington, and the Parties
hereby
consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with
respect to venue and jurisdiction in such state and federal courts. Application of the United Nations
Convention on Contracts for the International Sale of Goods and the Uniform Computer Information
Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related in any way to the Services be commenced
more than one (1) years after the cause of action arose. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of
this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to
submit
to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties
individually.
To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b)
there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize
class action procedures; and (c) there is no right or authority for any Dispute to be brought in a
purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning
binding
arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the
intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of
theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If
this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any
Dispute falling within that portion of this provision found to be illegal or unenforceable and such
Dispute shall be decided by a court of competent jurisdiction within the courts listed for
jurisdiction
above, and the Parties agree to submit to the personal jurisdiction of that court.
18. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or
omissions,
including descriptions, pricing, availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update the information on the Services
at any time, without prior notice.
19. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES
WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE
NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE
CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY
OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY
CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY
THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING
ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT
AND
EXERCISE CAUTION WHERE APPROPRIATE.
20. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED
HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL
AT
ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE six (6) mONTH PERIOD PRIOR TO
ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS 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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
21. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all
of
our respective officers, agents, partners, and employees, from and against any loss, damage,
liability,
claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4)
any breach of your representations and warranties set forth in these Legal Terms; (5) your violation
of
the rights of a third party, including but not limited to intellectual property rights; or (6) any
overt
harmful act toward any other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense
and control of any matter for which you are required to indemnify us, and you agree to cooperate, at
your expense, with our defense of such claims. We will use reasonable efforts to notify you of any
such
claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
22. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we perform
regular routine backups of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree that we shall have no
liability to you for any loss or corruption of any such data, and you hereby waive any right of action
against us arising from any such loss or corruption of such data.
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree that all agreements,
notices, disclosures, and other communications we provide to you electronically, via email and on the
Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE
USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You
hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other
laws in any jurisdiction which require an original signature or delivery or retention of
non-electronic
records, or to payments or the granting of credits by any means other than electronic means.
24. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit
of the Division of Consumer Services of the California Department of Consumer Affairs in writing at
1625
North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or
(916)
445-1254.
25. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to
the
Services constitute the entire agreement and understanding between you and us. Our failure to exercise
or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or
provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or
all
of our rights and obligations to others at any time. We shall not be responsible or liable for any
loss,
damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision
or
part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these Legal Terms and does not affect the
validity and enforceability of any remaining provisions. There is no joint venture, partnership,
employment or agency relationship created between you and us as a result of these Legal Terms or use
of
the Services. You agree that these Legal Terms will not be construed against us by virtue of having
drafted them. You hereby waive any and all defenses you may have based on the electronic form of these
Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
26. ADDITIONAL SUBSCRIPTION TERMS FOR LEVELUP AI, TRIAL, AI, AND USER-CONTENT
Our Terms of Use describe the general rules governing your use of the EB1A Experts platform. Certain
functions, including the LevelUp AI subscription feature, operate under additional subscription terms
that apply only to users who opt in to that feature. By activating LevelUp AI, you authorize recurring
monthly billing at the then-current subscription price, with automatic renewal unless canceled.
Cancellations take effect at the end of the current billing cycle, and no refunds are provided for any
reason, including non-use, dissatisfaction, or changes in eligibility. New users may receive a 7-day
free trial; a valid credit card is required, and unless canceled before the trial ends, LevelUp AI
will
automatically convert to a paid subscription with recurring charges. LevelUp AI uses automated tools
and
third-party AI platforms (including OpenAI, Claude, Gemini, and similar providers) to generate
text-based outputs, recommendations, and guidance. AI outputs may contain inaccuracies, omissions, or
unpredictable results and may be temporarily unavailable due to third-party outages, rate limits, or
system changes. All AI-generated content is informational only and should not be relied upon as legal,
immigration, financial, or professional advice. Features may be subject to usage limits or credit
allotments. By uploading documents, resumes, or other content to the EB1A Experts platform, you grant
us
a non-exclusive license to store, process, analyze, and use that content to operate both the general
services and any optional features, including LevelUp AI. Account data may be archived for fraud
prevention, legal compliance, and internal audit purposes. You may request access to or deletion of
personal information under applicable law, subject to legal and security requirements that may
necessitate data retention.
27. USER ACCOUNTS, CONTENT, AND POST-CANCELLATION ACCESS
Users must create an account on the EB1A Experts platform via email, password, Google, or LinkedIn to
access general services or optional features such as LevelUp AI. You are responsible for maintaining
the
confidentiality and security of your login credentials, and you agree not to share your account,
password, or access with any other person. You are fully responsible for all activities that occur
under
your account, whether or not authorized by you. EB1A Experts is not liable for any loss, misuse, or
unauthorized access resulting from your failure to secure your account credentials. We collect and
store
information you provide, including your name, email, professional details, payment information,
uploaded
documents, resumes, and user-generated content. If you cancel LevelUp AI or close your account, your
documents and data may be archived for operational integrity, fraud prevention, legal compliance, and
internal audit purposes. You remain solely responsible for ensuring the accuracy, lawfulness, and
ownership of the information and documents you submit to the platform.
28. NO LEGAL, IMMIGRATION, OR PROFESSIONAL ADVICE
EB1A Experts provides educational tools, informational resources, and advisory-support features,
including LevelUp AI. We are not a law firm and do not provide legal, immigration, tax, or financial
representation. AI-generated outputs, templates, drafts, or analysis are for informational purposes
only. No attorney-client, consultant-client, or fiduciary relationship is created. When appropriate,
we
may refer you to independent third-party professionals; however, we do not endorse, supervise, or
control their services, and you are solely responsible for selecting and engaging them.
29. AI OUTPUT LIMITATIONS & USER RESPONSIBILITY
AI-generated content within LevelUp AI or elsewhere on the EB1A Experts platform may be incomplete,
outdated, or inaccurate, and may vary each time it is generated. You agree to independently review,
edit, verify, and supplement all AI-generated content before using it for any purpose, including
immigration filings, evidence summaries, opportunity applications, or professional submissions. EB1A
Experts is not liable for consequences arising from reliance on AI-generated content.
30. THIRD-PARTY INTEGRATIONS & SERVICE DEPENDENCIES
The EB1A Experts platform, including LevelUp AI, relies on third-party providers such as payment
processors, AI model platforms, authentication services, and data-processing tools. These third
parties
may experience outages, rate limits, or errors outside our control. EB1A Experts is not responsible
for
interruptions, delays, limitations, or failures caused by third-party systems. Your use of integrated
services is subject to the third party’s own terms and policies.
31. REPUTATION PROTECTION & PROHIBITED DISPARAGEMENT
You agree not to publish or share false, misleading, or malicious statements about EB1A Experts,
LevelUp
AI, or any affiliated personnel. While we respect lawful feedback and good-faith reviews, we reserve
the
right consistent with applicable law to investigate claims of harassment, defamation, or reputational
harm and take appropriate action, including account suspension, preservation of evidence, and pursuing
available remedies. Nothing in this clause restricts your lawful right to express genuine concerns or
experiences.
32. FRAUD PREVENTION, CHARGE DISPUTES & BINDING SUBSCRIPTION TERMS
To reduce fraudulent disputes and misuse, you acknowledge: (a) you will have an opportunity to review
the LevelUp AI subscription terms before activating the feature; (b) once subscribed, LevelUp AI is
governed by those terms; and (c) any attempt to dispute valid charges after accessing the service may
result in account suspension, documentation being submitted to your payment provider, and further
actions permitted by law. If any portion of this clause is deemed unenforceable, the remaining
sections
will continue to apply.
33. NO RESULTS GUARANTEED & NO PROMISES OF OUTCOME
EB1A Experts and LevelUp AI do not guarantee any specific results, outcomes, approvals,
classifications,
benefits, or success in immigration, visa, professional, or academic processes. All information,
AI-generated content, recommendations, drafts, or guidance provided through our platform, or by any
agent of EB1A Experts LLC, LevelUp AI, or any affiliated person, company, or resource, is for
informational purposes only and must not be interpreted as a promise, prediction, assurance, or
guarantee of any kind. Immigration outcomes depend on factors outside our control, including your
individual qualifications, the strength of supporting evidence, adjudicator discretion, and government
standards. Nothing provided through the platform, LevelUp AI, or any affiliated service should be
construed as an indication or commitment that any filing will be approved, any evidence will be
accepted, or that you will meet EB1A, O1A, or NIW criteria. You acknowledge that you are solely
responsible for evaluating how to use the information provided and for obtaining independent legal
advice when necessary.
34. AUTO-RENEWAL DISCLOSURE & CANCELLATION TERMS
All subscription Services offered by us renew automatically at the end of each billing cycle, which is
generally monthly unless otherwise stated at checkout. By enrolling in a subscription, you authorize
recurring charges to your selected payment method at the then-current subscription price until you
cancel. To ensure transparency, users will receive a confirmation summarizing the key terms of their
subscription, including renewal timing, charges, and cancellation instructions, and the Company may
provide advance notice of upcoming renewals or material changes to pricing or terms in accordance with
applicable law. There are no hidden renewal provisions, and users may cancel at any time before the
next
billing cycle by navigating to User Account > Payment and Billing > Cancel Subscription, which
automatically processes the cancellation without any need for email or direct contact. Additional
cancellation methods may be introduced in the future to enhance convenience as the platform evolves.
Cancellations take effect at the end of the current paid period, and except where required by law,
payments are non-refundable. This clause is intended to comply with federal automatic-renewal
standards
and state requirements, including but not limited to California’s Automatic Renewal Law, and may be
updated as the business expands its subscription offerings or adds consumer-friendly features such as
additional cancellation paths, renewal reminders, or self-service management tools.
35. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use
of the Services, please contact us at:
EB1A Experts LLC
548 Market St
#495094
San Francisco, CA 94104
United States
connect@eb1aexperts.com