Aliro Immigration LLC
Terms and Conditions effective August 1, 2018
Terms and Conditions
1- Acceptance of Terms and Contractual Relationship
Aliro Immigration LLC (“Company,” “we,” “us,” or “our”), through our website www.AliroImmigration.com (the “Website”), provides an automated platform for filling out certain U.S. immigration forms based on the information and direction which you provide (hereinafter the “Service”). Notwithstanding the foregoing, decisions regarding the contents of any particular field, as well as the choice of the form itself, are solely and exclusively your own. The Company, as described more fully herein, does not provide legal advice in any way and the Company’s Service does not substitute for the advice of an attorney.
These Terms and Conditions (“Terms”) govern your use of the service. Read these Terms carefully as they constitute a legal agreement between you and the Company. By accessing the Website and using the Service in any way, you agree to comply with and be bound by these Terms and to comply with all applicable laws and regulations. If you do not agree to these Terms, you may not access or use the Services. These Terms will remain in full force and effect as long as you are a user of the Website and the Service. 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.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH THE COMPANY ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT.
Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate disclosures or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
It is your responsibility to periodically review these Terms. Company reserves the right, at any time, to amend the Terms by publishing notice of such changes on the Website. Amendments will be effective upon posting any amendments at this location or in the amended policies or supplemental terms on the applicable Service(s). 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.
2- Arbitration Agreement
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against the Company on an individual basis in arbitration, as set forth in this Arbitration Agreement.
Agreement to Binding Arbitration Between You and the Company.
You and Company agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and the Company, and not in a court of law. You acknowledge and agree that you and the Company are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
Rules and Governing Law.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of California.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
Location and Arbitrator’s Decision
Arbitration will occur in San Diego County, where the Company is located. The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect.
Severability and Survival
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
3- Service Disclaimer
The Company is not a government agency and is not affiliated with nor endorsed by the Unite States government. The Company is not a law firm and is not a substitute for the advice of an attorney. The Company does not provide, nor purport to provide through any of its employees, legal services or legal advice. The Service is not intended to create any attorney-client relationship, and your use of the Service does not and will not create an attorney-client relationship between you and the Company. Should you need legal advice for your specific situation, you are responsible for seeking out that legal advice.
While the Company works to keep its documents and information accurate and current, the law and relevant regulations change rapidly, and Company cannot guarantee that all of the information on the Website or within the Service is completely current.
4- Pricing and Fees
The prices posted on the Website represent the fees which are payable to the Company for your use of the Services. You are solely responsible for any additional processing or filing fees to USCIS or the U.S. Department of State that may be applicable to your situation. These filing fees are not included in the price of the Service.
There may be additional processing and filing fees payable either to USCIS 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. You must pay these Government Fees separately at the time your application is submitted. You can locate additional information regarding the relevant fees on the USCIS website.
4- Access to the Service
Company grants you a limited, revocable, nonexclusive, non-transferable license to access the Website and use the Service for your own personal use of the Service only, and not to download or modify it or any portion thereof (other than as expressly permitted by Company.) You agree that no Materials (as defined in Paragraph 11 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 Service, and also may constitute the infringement of Company’s copyright, trademark and/or other rights. 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.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by the Company; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
5- Creating an Account
To use the Service, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to the Company certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by the Company.
You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Service. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by the Company in writing, you may only possess one Account.
You shall not (i) select or use in your Account either the name or email of another person with the intent to impersonate that person; or (ii) use as either a name or email subject to any rights of a person other than you without appropriate authorization in your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. We reserve the right to refuse registration, cancel an Account or deny your access to the Service in our sole discretion. You are solely responsible for activity that occurs on your Account and shall be responsible for maintaining the confidentiality of your password and security information.
6- Personally Identifiable Information
7- Links to Third Party Sites
All links on the Website that access a third-party website are independent of the Website. As such, the 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. You acknowledge that you access third-party sites at your own risk, 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 acknowledge 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).
8- Disclaimer and Limitations on Service
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE ERROR-FREE.
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF THE COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.
You acknowledge that Company is not responsible for any denial of your immigration application due to your ineligibility for the immigration status which you are seeking.
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. You acknowledge that USCIS publishes updated forms or changes filing fees from time to time and it is your responsibility to confirm USCIS guidelines prior to filing.
You acknowledge and agree that you will print your forms only on USCIS-approved U.S. letter- sized paper (8.5 inches by 11 inches), and your failure to do so is not the responsibility of the Company.
You acknowledge that Company is not responsible for USCIS not following their own published guidelines.
You acknowledge that any of the foregoing Limitations on Service will not be cause for a refund for Services.
8- Privacy and Information Disclosure
9- Copyright and Ownership
To the extent permitted by law, all right, title and interest in and to the materials provided on the Website, including the design, information, documents, logos, graphics, sounds, page headers, button icons, service marks, trademarks, trade dress, and images (the “Content”) are owned by the Company or an applicable third-party, to the extent expressly authorized by the Company to the third party. Except as otherwise expressly provided by Company, none of the Content 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. Any rights not expressly granted herein to you are hereby reserved by the Company.
All Content is owned by the Company.
You agree to indemnify and hold the Company and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) the Company’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
13- Choice of Law
The Terms and the relationship between you and Company shall be governed by the laws of the State of California without regard to any conflicts of laws principles.
14- Notice for California Users
Under California Civil Code Section 1789.3, California users of the Website are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.