The Web pages available at myclearpath.com and secureforms.iclearpath.com (hereinafter referred to collectively as the “Site”) are owned and operated by L1BRE Clearpath LLC, a Delaware company (“Company”), and are accessed by you (“User”) under the following terms and conditions:
2. ACCESS TO THE SERVICES
a. Registration and Security
b. Minimum Age Requirement
c. User Mailing Address
User understands and acknowledges that User is required to provide its mailing address to Company as a condition to accessing Company’s Services. The Company reserves the right to verify any User’s mailing address.
d. Maintaining Your Connection to the Site
User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to and access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be solely responsible for ensuring that such equipment or ancillary services are compatible with the Services.
3. USER RESPONSIBILITIES IN USING THE SITE
User is responsible for all of its activity in connection with the Services and in accessing the Site, including, without limitation, all of User’s activities in submitting information and completing Transactions, as well as any activity by User that is fraudulent, abusive, or otherwise illegal (for examples of fraudulent activity, see Section 7 below). User acknowledges that Company has no special relationship with or fiduciary duty to User. Without limiting any of User’s responsibilities, User acknowledges and agrees to the following restrictions:
a. Compliance with Law
User shall be solely responsible for compliance with all laws, regulations and ordinances connected with the User’s access to the Site and utilization of Services.
Company is not a law firm and its employees and representatives are not attorneys licensed to practice law or accredited by the Board of Immigration Appeals to represent you before the U.S. Citizenship and Immigration Services, the U.S. Department of Labor, the U.S. Department of State or any immigration authorities, and may not give legal advice or accept fees for legal advice and may not perform the legal services that an attorney performs.
5. USER ACKNOWLEDGMENTS
User acknowledges that the Company is not a governmental authority, and has no affiliation with any governmental authority, and consequently the Company has no authority to determine the content of any Form or to affect the outcome of any Transaction. User further acknowledges that the Company is not a law firm and that the Services do not constitute legal services or legal of advice of any kind. The Company strongly encourages all Users to seek legal advice, where applicable, from a qualified attorney with expertise in immigration law.
6. FORMS AND SITE CONTENT
a. Restrictions on Use
b. User Comments
User acknowledges and agrees that if User provides any feedback or comments on the Site, such feedback shall become Company property and shall be deemed to be Content hereunder. User hereby assigns all rights, title and interests in and to such contributions to Company and, to the extent such rights are not fully assignable, hereby grants to Company a perpetual, non-exclusive, worldwide, royalty-free, transferable right to fully exploit such Content (including all related intellectual property rights) and to allow others to do so.
c. Company Right to Remove Content
Company reserves the right to remove any Content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that User may have breached any of its obligations), or for no reason at all.
7. PROHIBITED ACTIVITIES
User warrants, represents and agrees that it will not contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party. Use of the Site or Services to violate the laws of the United States, or of any State, or to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including those that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. User will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Site, or any processes that run or are activated while the User is not logged in. Users may not attempt to reverse engineer or decompile any Software used on the Site. User may not transfer User’s Company account to any third party, or use the Site or Services on behalf of or for the benefit of any third party. User will not distribute or post spam, advertisements, chain letters, or pyramid schemes. User shall not distribute viruses, worms, or other technologies that seek to injure or adversely affect Company property or interests, or the property or interests of Company Users. User shall not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or other private information regarding the account of any other User.
a. Fraudulent Acts
User agrees not to commit fraud using the Site or Services. Examples of fraud include, but are not limited to, claiming to be another person, or assuming a false identity, or submitting any Form that contains false information, and other similar actions. User may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than User without appropriate authorization; or (iii) create multiple User IDs within a single household; or (iv) create multiple User IDs in two or more households for the purpose of defrauding the Company or avoiding adverse action by the Company with respect to User’s account.
In the event a User engages in any fraudulent activities, the Company may, in its sole and absolute discretion, determine that the User is not eligible to use the Services and Company may elect to suspend or terminate such User’s account or access to the Site or Services, and Company may pursue any remedies available at law.
8. THIRD PARTY LINKS
The Company Site or Services may contain links or references to third party websites. User acknowledges that the Company is not responsible for these websites, has not reviewed such websites, has no control over such websites, and is not in any way liable for Content that appears on these third party websites.
The Company may place a cookie or other small text file on any computer from which a User accesses the Site or Services.
10. FEES, PAYMENT, CREDIT CARD PROCESSING
Some Company Services require payment of fees. User hereby agrees to pay all applicable fees, as described on the Site in connection with such Services selected by User. User hereby authorizes Company automatically to charge User’s credit card account for any and all fees incurred by User in using the Site or Services, without the need to provide any further notice to User of the fees so incurred. Company reserves the right to change its price list and to institute new charges at any time. Use of the Services by User following such changes constitutes User’s acceptance of any new or increased charges. User acknowledges that all payments for Services offered by the Company are managed by an online payment platform serviced by Authorize.net. The Company does not retain credit card information. User agrees that the Company shall not be liable in the event of error, fraud, identity theft, or other problems with credit card processing or online payment processing.
12. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC §§2701-2711)
Company makes no guaranty of confidentiality or privacy of any communication or information transmitted on the site or any web-site linked to the site. The Company reserves the right to monitor transmissions over its network for maintenance, service quality assurance, or any other purpose permitted by the Electronic Communications Privacy Act.
13. WARRANTY DISCLAIMER
The services, content, site and, software are provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement.
14. RELEASE OF COMPANY FROM CLAIMS
By using the Services on the Site, User releases Company, its officers, directors, employees, agents, subsidiaries, joint venturers, and other related parties from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with User’s use of the Site or the Services, and any Transaction effected on the Site, or otherwise arising from or in connection with User’s use of the Site, the Services, or any Transaction. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
15. RELEASE OF COMPANY FROM USER DISPUTES
In the event that User has a dispute with any third party or governmental authority concerning a Transaction or otherwise related to the Site or the Services, User releases Company, its officers, directors, employees, agents, subsidiaries, joint venturers, and other related parties from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
17. LIMITATION OF LIABILITY
In no event shall company be liable to a user with respect to the site or the services (i) for any amount in the aggregate in excess of the fees paid by user during the twelve (12) months immediately preceding the claim or twenty-five dollars ($25), whichever is less; (ii) for any indirect, incidental, punitive, or consequential damages of any kind whatsoever; or (iii) for any damages awarded in a dispute between user and any third party or governmental authority.
18. COMPANY RIGHT TO TERMINATE USER ACCOUNT
Notwithstanding anything in these Terms and Conditions to the contrary, the Company reserves the right, in its sole and absolute discretion, to suspend or terminate a User’s account or a User’s access to the Site or Services at any time, with or without notice, for any reason or for no reason. Upon termination of the User’s account, User’s right to access the Site and any Content, and to use Company Services, will immediately cease.
19. OTHER COMPANY REMEDIES