Table of Contents
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND LAW CADDY, AND BOTH YOU AND LAW CADDY WAIVE THE RIGHT TO A JURY TRIAL OR CLASS ACTION. PLEASE READ SECTION 14 CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND REMEDIES AND WILL HAVE A SUBSTANTIAL EFFECT ON HOW DISPUTES BETWEEN YOU AND LAW CADDY WILL BE RESOLVED
1. Scope of Agreement
2. Description of Services; No Affiliation with USCIS
Law Caddy is a platform designed to assist you in completing United States Citizenship and Immigration Services (USCIS) forms as well as forms required by other governmental agencies. Law Caddy provides information and step-by-step instructions intended to make the completion of such forms less confusing. Law Caddy is not affiliated with or endorsed by USCIS or any United States government agency. All USCIS and other forms are available without cost from USCIS and other applicable agencies. Use of the Law Caddy Site and Services is not required to complete and file such forms.
3. Law Caddy is Not a Law Firm
LAW CADDY IS NOT A LAW FIRM. LAW CADDY IS A MARKETING COMPANY AND A LAWYER REFERRAL SERVICE AND A NON-LAWYER INFORMATIONAL ASSISTANCE WEBSITE. SOME OF THE PEOPLE WHO OWN / MANAGE THIS COMPANY ARE NOT LAWYERS. THIS ALL MEANS THAT SOME SERVICES / PROTECTIONS, LIKE ATTORNEY-CLIENT PRIVILEGE, MAY BE DIFFERENT FROM THOSE YOU COULD GET FROM A LAW FIRM. IF YOU HAVE QUESTIONS, PLEASE CONTACT OUR CUSTOMER CARE CENTER AT INFO@LAWCADDY.COM.
IF YOU PURCHASE SERVICES THAT INCLUDE INDEPENDENT ATTORNEY REVIEW, YOUR RELATIONSHIP WITH THE INDEPENDENT ATTORNEY WILL BE GOVERNED BY THE ATTORNEY AGREEMENT.
4. Accounts and Information
4.1. Your Law Caddy Account.
In order to access and use some aspects of the Site and Services, you will be required to create an account and establish a username and password. If you create a Law Caddy Account, you agree to submit only accurate information about yourself and to keep the information you submit up-to-date. You agree not to impersonate anyone else. You are responsible for maintaining the security and confidentiality of your username and password, and you agree not to authorize anyone else to use your username and password. You are solely responsible for all actions taken under your account. You agree to notify Law Caddy promptly in the event you learn of any unauthorized use of your account. By creating an account, you agree that you may receive electronic communications from Law Caddy and its affiliates, including offers, newsletters, account notices and updates. If at any time you no longer wish to receive such electronic communications, you may opt-out by clicking the designated link in the communication.
4.2. Your Application.
If you purchase a service from us and file an application, we may assign a unique email address to your account for the sole purpose of enabling Law Caddy to receive directly from USCIS the receipt number assigned to your application. You agree that Law Caddy may use your receipt number to check your application status from time to time so that we may provide you pertinent general information about the steps in the application process. If, at any time, you do not want Law Caddy to retain your receipt number or to check your application status, let us know by contacting our customer service department at firstname.lastname@example.org.
5. Access to and Use of Site and Services
5.1. License Grant to You.
Subject to your complete compliance with the provisions of this Agreement, you are granted a limited, non-exclusive, non-transferable, revocable license to use the Site and Services solely in the manner authorized and intended by Law Caddy. Any rights not expressly granted in this Agreement are expressly reserved by Law Caddy. The resale or distribution of materials made available on the Site without the express, written consent of Law Caddy is prohibited. All such materials are authorized only for your own personal use.
5.2. Restrictions on Your Access To and Use of Site and Services
In connection with your access to or use of the Site or Services, you are prohibited from:
- accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
- using any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to access, navigate, or search the Site, other than generally available third-party web browsers (e.g., Mozilla Firefox, Google Chrome and Microsoft Explorer);
- using any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site;
- attempting to probe, scan or test the vulnerability of a Law Caddy system or network or to breach security or authentication measures without proper authorization;
- attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site or through the Service, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”;
- sending unsolicited email, including promotions and/or advertising of products or services;
- forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting;
- copying, modifying, adapting, reproducing, reverse engineering, decompiling, disassembling, or preparing derivative works from Law Caddy software, Law Caddy Content or User Content that is not your own;
- distributing viruses, malicious code, malware or any other technologies that may harm Law Caddy, the Site, the Services or a user;
- violating or circumventing any applicable laws, regulations or Law Caddy technical measures, security measures or policies;
- violating, infringing, or breaching the rights of Law Caddy or a third-party, including, but not limited to any copyrights, trademark rights, patent rights, trade secrets rights, rights of publicity or personality, moral rights, or any other proprietary rights;
- submitting to the Site or through the Services any false, inaccurate, misleading, deceptive, defamatory, or libelous materials or User Content; or
- knowingly withholding or failing to disclose information requested by Law Caddy or required to be included or disclosed on a USCIS form or other government form or engaging in any action that constitutes fraud.
Submitting false, inaccurate, misleading or deceptive information, or failing to disclose information requested by Law Caddy or required to be included or disclosed on a USCIS form or other government form may result in your application being denied by the applicable government agency and Law Caddy will not have any liability to you as a result of such actions.
Violations of system or network security may result in civil or criminal liability. Law Caddy will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
5.3. License Grant by You.
When you transmit any information, content, materials or data to or through the Site or Services, other than information, content, materials or data submitted for the purpose of creating your account or for preparing applications and/or forms (“User Content”), you hereby grant Law Caddy and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content, including throughout the world in any media. Law Caddy shall have no obligation to: (a) maintain any User Content you submit; (b) pay you any compensation of any kind for any User Content; or (c) respond to any User Content you submit. You represent and warrant that you own or have obtained all necessary rights and/or licenses to User Content that you submit, and that Law Caddy’ use of such User Content does not violate or infringe upon the rights of any person or entity.
6. Service Fees
While Law Caddy makes a large amount of information available without cost, it charges fees for some of its services (“Service Fees”). All Service Fees will be set forth on the Site. USCIS and other agencies charge fees for the filing and processing of various government forms (“Government Fees”). Government Fees are separate from our Service Fees and must be paid to the applicable government agency at the time of filing. Unless you have included the USCIS fee payment option with your application, or we indicate otherwise, you remain responsible for paying Government Fees directly to the applicable government agency.
6.2. Payment of Service Fees.
When you purchase services for which Service Fees apply, you will be required to provide Law Caddy with valid, up-to-date credit card or other payment information. You authorize Law Caddy to charge your credit card or other payment method for all Service Fees you incur as they become due and payable. You are responsible for maintaining up-to-date payment information. If we cannot charge you for Service Fees when due because your payment information is incorrect or no longer valid, or if we do not receive your payment when due, Law Caddy will have no obligation to provide the services associated with those Service Fees. Missing a payment due date, for any reason, will make you ineligible for our USCIS fee payment service, unless you have paid to us at minimum the amount of Government Fees that Law Caddy will be paying to USCIS on your behalf.
6.3 Treatment of Fees Paid.
Our goal is to make your process as smooth as possible. In order to accomplish this, we have invested heavily in developing the technology necessary to complete your process. The fees you pay Law Caddy for Service Fees are a payment for these technological resources made available to you and, as such, are considered earned upon receipt. Notwithstanding, we have a generous 30-day 100% Satisfaction Guarantee. Please see paragraph 6.4 below. Any money delivered to Law Caddy to cover Government Fees will be kept separately from any Service Fees and will be returned to you at any time upon your request prior to the Government Fees being transferred to any Governmental agency.
The determination of whether to issue a refund or credit more than 30 days after your purchase of services, other than a refund due to a billing error by Law Caddy, shall be made in Law Caddy’ sole discretion, in good faith, and we reserve the right to deny a request for a refund or credit.
7. Ownership and Intellectual Property Rights
All materials, including text, images, videos, illustrations, designs, icons, photographs, software, programs and written and other materials that are part of the Site or accessible through the Services, other than User Content (collectively, “Law Caddy Content”), is the property of Law Caddy or its licensors. Law Caddy Content is intended solely for personal, non-commercial use. No right, title or interest in any Law Caddy Content is transferred to you by way of this Agreement or otherwise. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Law Caddy Content, the Site or any related software. LAW CADDY and the Law Caddy Logo are trademarks of Law Caddy LLC.
8. Third Parties; Third Party Content and Services
References on the Site to any third parties, including persons or companies, and to any products or services of such third parties, are provided solely as a convenience to you. Law Caddy does not endorse, recommend, approve of or make any representations or warranties regarding any third parties or their products or services. Without limiting the foregoing, Law Caddy in part is a lawyer referral service, but Law Caddy makes no representations or warranties regarding any law firms or attorneys that may be referenced on the Site, including whether any such law firm or attorney is licensed, qualified, competent or otherwise capable of providing adequate legal advice regarding your specific legal issues. Any relationship you may form with a lawyer or law firm in connection in any way with Law Caddy shall be governed by your agreement with that lawyer or law firm, and you hereby release and hold Law Caddy harmless from any claim related to any agreement you may enter with a lawyer or law firm. Law Caddy may provide links to third-party websites. Law Caddy is not responsible for the content of any third-party websites and does not make any representations regarding the content or accuracy of material on such websites. If you decide to follow a link to any third-party website, you do so entirely at your own risk.
9. Disclaimer of Warranty
THE SITE AND THE SERVICES ARE PROVIDED BY LAW CADDY ON AN “AS IS” AND “AS AVAILABLE” BASIS. LAW CADDY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE, SERVICES, OR INFORMATION, CONTENT, OR MATERIALS OFFERED ON THE SITE OR THROUGH THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, LAW CADDY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. LAW CADDY DOES NOT WARRANT THAT THE SITE OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT, AND YOU ACKNOWLEDGE THAT LAW CADDY WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITH YOU WITHOUT YOUR AGREEMENT TO THE TERMS OF THIS DISCLAIMER. THIS DISCLAIMER OF WARRANTY DOES NOT APPLY TO THE PURCHASE OF SERVICES BY NORTH CAROLINA CONSUMERS.
10. Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL LAW CADDY, ITS AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF LAW CADDY, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. IN NO EVENT WILL LAW CADDY BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
CERTAIN JURISDICTIONS 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, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.
You agree to defend, indemnify and hold harmless Law Caddy, its affiliates, and their respective directors, officers and employees from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your breach of this Agreement, your improper use of the Site or Services, or your breach of any applicable law or infringement of the rights of a third party. Law Caddy shall have the right to participate in the defense of any such claim, at its own cost. You may not settle or negotiate any claim that results in liability to, or imposes any obligation upon, Law Caddy, financial or otherwise, without the written consent of Law Caddy.
This Agreement shall remain in force and effective unless and until terminated as provided in this Section 12. You may terminate this Agreement at any time by providing written notice to Law Caddy, via email to email@example.com. Except where you terminate this Agreement due to an uncured material breach of this Agreement by Law Caddy or where you terminate this Agreement pursuant to our Satisfaction Guarantee within 30 days of purchasing Services, Law Caddy will have no obligation to refund you any Service Fees previously paid to Law Caddy for the Services. Law Caddy may terminate this Agreement immediately with or without notice, and/or may deny you access to the Site or Services, in Law Caddy’s sole discretion, in the event you breach, or threaten to breach, any term of this Agreement. If you have already paid for Services and have been found to be in violation of this Agreement, your account will be deleted without notice and no refund of Service Fees will be made. Unless otherwise agreed to by Law Caddy in writing, this Agreement shall terminate automatically on that date which is 12 months (or 24 months for petition combos) following the date on which you initially purchased Services and no Service Fees will be refunded.
Upon any termination of this Agreement, you must immediately discontinue use of the Site and Services. Sections 7 and 10-15 shall survive any termination of this Agreement.
13. Dispute Resolution by Binding Arbitration
Please read this carefully. It affects your rights.
We believe customer concerns can be resolved quickly by emailing our Customer Care Center at firstname.lastname@example.org. If Law Caddy is unable to 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 such disputes through binding arbitration or in small claims court, rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, limits discovery, and is subject to very limited review by courts. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
Law Caddy and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted and include, without limitation:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
- claims that arose before these or any prior Agreement (including, but not limited to, claims relating to advertising);
- claims currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of this Agreement.
For the purposes of this Arbitration Agreement, references to “Law Caddy,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, business partners, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under this Agreement or any prior agreements between us. Beneficiaries include, but are not limited to, those seeking to change immigration status and any relatives.
Notwithstanding the foregoing, either party may bring an individual action in small claims court or in a court of proper jurisdiction seeking injunctive relief ancillary to arbitration. 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 this Agreement, you and Law Caddy are each waiving the right to a trial by jury or to participate in a class action or class or mass arbitration. This Agreement evidences a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of this Agreement.
YOU AGREE THAT THE VENUE FOR ARBITRATION SHALL BE IN UTAH COUNTY, STATE OF UTAH. If for any reason, a court of competent jurisdiction determines that this forum selection clause is invalid or unenforceable, then you agree that the balance of the terms of this agreement remain valid and that Arbitration shall be conducted in the jurisdiction that a court may determine to be appropriate.
A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to Law Caddy should be addressed to: Notice of Dispute, Law Caddy LLC., 971 S University Ave. #1067, Provo, Utah, 84601 (the “Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If Law Caddy and you do not resolve the claim within 30 days after the Notice is received, you or Law Caddy may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Law Caddy or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Law Caddy is entitled.
After you or Law Caddy submits a request for Arbitration at the Notice Address, you and Law Caddy will agree on a single arbitrator that is an attorney licensed to practice law in the State of Utah to serve as an arbitrator. If you and Law Caddy cannot agree on the selection of an arbitrator, you and Law Caddy shall each select an attorney and the selected attorneys shall then choose the arbitrator.
You and Law Caddy agree to each pay ½ of the selected Arbitrator’s fees including any retainer the Arbitrator may require. Each party shall be responsible for their own legal fees in relation to arbitration.
YOU AND LAW CADDY 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 CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL, INCLUDING IN ARBITRATION. Unless both you and Law Caddy agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative 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) may be severed from the arbitration and brought in court.
Notwithstanding any provision in this Agreement or elsewhere to the contrary, Law Caddy agrees that if we make any changes to this arbitration provision (other than a change to any notice address, website link or telephone number provided herein), 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 Agreement, any such termination will not be effective as to this Arbitration Agreement 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.
14. Miscellaneous Terms
14.1. Consent to Electronic Communications.
You consent to receive communications from Law Caddy electronically, and you agree that all agreements, notices, disclosures and other communications that Law Caddy provides to you electronically, via email, or on the Site, satisfy any legal requirement that such communications or agreements be in writing.
You may not assign your rights under this Agreement without the prior written permission of Law Caddy and any attempt by you to do so shall be null and void.
The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way.
14.5. Changes to Agreement.
Law Caddy may make changes to this Agreement at any time. If we make any material changes we will notify you via email if you have created an account (sent to the e-mail address specified in your account) or by posting the revised Agreement on the Site prior to any changes becoming effective. You should review our Agreement each time you access the Site or use the Services. Your continued use of the Site or Services following the posting of any changes or notice to you of the changes constitutes your agreement to such changes.
14.6. Governing Law.
This Agreement will be construed in accordance with and governed exclusively by the laws of the State of Utah applicable to agreements made among Utah residents and to be performed wholly within such jurisdiction, regardless of the parties’ actual domiciles.
14.7. Entire Agreement.
This Agreement, including all agreements referred to and incorporated herein, sets forth the entire understanding and agreement between you and Law Caddy, and supersedes any and all other oral or written agreements or understandings between the parties.