Terms and Conditions
These terms and conditions are effective as of and were last updated on May 24, 2023.
- General
These Terms and Conditions (“Terms”) represent the entire agreement between Immigration Question (“Immigration Question” or “we” or “us” or “our”), an entity of My Legal Software LLC (the “Company”), a New York limited liability company with a principal place of business at 55 N Broadway, Suite 205, Hicksville, New York 11801, and each visitor (“you” or “your”) of this website.
If any term or other provision of these Terms is determined by a court of competent jurisdiction to be invalid, illegal or incapable of being enforced by any rule of law or public policy, all other terms, provisions and conditions of this Agreement shall nevertheless remain in full force and effect. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the invalid provisions will be replaced by a valid, enforceable provision that matches the original intent of the parties as closely as possible to the fullest extent permitted by applicable Law.
Immigration Question offers access to and use of its website, resources, and services (collectively, the “Website” or “Services”) to you conditioned upon your acceptance of all the terms and conditions contained in these Terms.
By accessing the Website and using the Services offered herein in any way, you are agreeing to comply with and be bound by these Terms.
Should you object to any of these Terms or become dissatisfied with the Website or Services offered by Immigration Question in any way, you should immediately discontinue use of the Website. These Terms will remain in full force and effect as long as you are a user of the Website and in the event of termination of any membership, service or feature, you will still be bound by your obligations under these Terms, including any indemnifications, warranties, and limitations of liability.
BY USING THE WEBSITE AND AGREEING TO THESE TERMS, YOU HEREBY CONFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
It is your responsibility to read these Terms and keep up to date with any changes that are made. Your use of the Website is subject to the Terms as updated. Please refer to the following section on Notification of Changes for more information.
2.1 Limitation of Liability and Disclaimers
Immigration Question is not responsible for any liability or damage related to your use of Immigration Question’s Website or Services, including as a result of any errors or omissions contained within Immigration Question’s Services. We do not guarantee the success of any legal matter. Your use of Immigration Question’s Services is at your own choosing and at your own risk. Immigration Question does not guarantee that our Services are suitable, reliable, available, timely, or appropriate for your individual needs.
TO THE FULLEST EXTENT PERMITTED BY LAW, IMMIGRATION QUESTION DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, INTENT, USEFULNESS, APPROPRIATENESS OR EFFICACY OF THE WEBSITE OR THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IMMIGRATION QUESTION IS NOT, AND WILL NOT BE, LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THIS AGREEMENT, THE WEBSITE AND THE SERVICES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES, SUCH AS, BY WAY OF EXAMPLE ONLY, LOST PROFITS, LOST REVENUE, LOST OPPORTUNITIES, LOSS OF REPUTATION, LOSS OF DATA OR INTERRUPTION OF BUSINESS. FURTHERMORE, UNDER NO CIRCUMSTANCES SHALL THE MAXIMUM AGGREGATE LIABILITY OF IMMIGRATION QUESTION AND ITS AFFILIATES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE WEBSITE AND THE SERVICES EXCEED $50.00.
THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE THEORY OF LIABILITY, AND EVEN IF IMMIGRATION QUESTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
2.2 General Disclaimer
Immigration Question is owned by the Company, a limited liability company headquartered in, and incorporated under, the laws of New York. The Company is not a law firm. The material and information on this website, and the services provided by the Company through this website, are not provided in the course of an attorney-client relationship and they do not create an attorney-client relationship. The use of this website is not a substitute for obtaining legal advice from a qualified attorney.
Immigration Question is a platform that provides self-help services to users at their direction. The material and information presented on this website are not legal advice, and they are not to be acted on as such. The material and information on this website are general in nature and have been prepared for general information purposes only. They may not be applicable to your specific matter. They may not be up-to-date, and they are subject to change without notice.
Neither the Company nor Immigration Question is affiliated with any U.S. government department or agency. Neither the Company nor its website is endorsed by U.S. Citizenship and Immigration Services, or by any other government department or agency.
Through this website, the Company provides access to the Immigration Question Attorney Directory, which is a registry of attorneys, who may be available to assist you in legal matters. The Immigration Question Attorney Directory only accepts the participation of attorneys who are in good standing in their jurisdiction of practice. The Immigration Question Attorney Directory of participating attorneys on this website is for informational purposes only and is provided free of charge to the public. You may wish to contact them directly to obtain information regarding possible representation and legal fees. If you independently retain one of the attorneys, you will be responsible to pay legal fees for the representation directly to them.
At your request, the Company may select an attorney from this directory to assist you with your matter. Please note that the Company selects that attorney through a neutral, automated process that is based on the participating attorneys’ relative geographic proximity to you and their availability. This automated selection is not a recommendation, and it is not made on the basis of an analysis of your legal matter. The automated selection is also not a judgment that the participating attorney is the “best” attorney to handle your matter, nor is such a judgment possible for the Company to make. Once a participating attorney has been selected, your contact information will be made available to them, so that they may contact you about your matter. You are free to enter into an attorney-client relationship with an attorney in the Immigration Question Attorney Directory. However, your use of the Immigration Question Attorney Directory constitutes an acknowledgment that you did not rely on Immigration Question or its selection process to determine whether to enter into an attorney-client relationship, but rather did so on the basis of your own diligence and judgment. Furthermore, entering into such a relationship does not create an attorney-client relationship between you and the Company or any of its employees. The Company is not a party to any agreement you enter into with an attorney in the Immigration Question Attorney Directory.
2.3 Termination
Immigration Question reserves the right to terminate your access to the Services, with or without notice, if you violate any of these Terms, if in Immigration Question’s sole discretion, you are misusing or interfering with the operation of the Website or the Services or if you are in any way violating law or committing an illegal act.
2.4 Links to Third Parties
Immigration Question is not responsible for third party websites that may be accessed via the links that Immigration Question provides on its Website. Immigration Question does not endorse any of these linked websites. Please refer to our Privacy Policy for more information on external links and third party information gathering.
2.8 Privacy
Communications made between you and Immigration Question, including communications made between you and an attorney through the Immigration Question Attorney Directory, are confidential and will not be disclosed. You authorize Immigration Question to transmit, store, and review communications between you and an attorney in the Immigration Question Attorney Directory, exclusively for the purpose of facilitating communication between you and that attorney. To the extent permitted by law, Immigration Question will maintain the confidentiality of your communications.
2.9 Intellectual Property Protection
You may not resell or attempt to commercially benefit from Immigration Question’s services without the express, written consent of Immigration Question. All of Immigration Question’s Services are protected by the Copyright laws of the United States. None of the Services available through Immigration Question’s Website may be redistributed, recreated or resold, in any format, without Immigration Question’s express written consent. Infringement upon the rights held by My Legal Software and its associates may lead to civil or criminal charges. My Legal Software will prosecute any infringement to the maximum extent allowable under the law.
2.10 Liquidated Damages and Remedies
Due to the difficulties in ascertaining monetary damages resulting from a breach, My Legal Software may seek liquidated damages of $500,000.00 for any breach of contract related to intellectual property protections. Nothing in these terms nor in any retainer agreement signed by the user shall constitute a limitation on the availability of remedies.
- DISPUTE RESOLUTION
We agree to arbitrate any unresolved dispute only through binding arbitration, mediation, or small claims courts. You hereby waive your right to seek remedy within a court of general jurisdiction.
3.1 Arbitration
Arbitration can be cheaper, faster, and less formal than alternative methods, and employs a neutral arbitrator to hear the case, rather than a judge or jury. If you seek less than $75,000 in your dispute: (1) Immigration Question will pay reasonable attorneys’ fees if you fail, and (2) Immigration Question will not seek attorneys’ fees from you. Otherwise, attorneys’ fees will be governed by the American Arbitration Association (AAA) rules.
3.2 Arbitration Agreement
The agreement to resolve all disputes and claims between us is intended to be broadly construed. This agreement includes, and is not limited to the following:
- Claims arising out of any relationship between us. The relationship claimed can be based on any theory of law including contract, tort, fraud, statute, misrepresentation, or any other legal theory.
- Claims that arose before any agreement was entered into.
- Claims that are currently the subject of a class action case in which you are not a member.
- Claims that may arise after termination of this agreement.
This arbitration agreement does not prevent federal, state, or local agencies from bringing claims and seeking relief from us on your behalf. You are not precluded from bringing issues to the attention of these agencies. This arbitration provision is intended to survive the termination of these Terms.
3.3 Arbitration Procedure
The Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively known as the AAA Rules) will govern the arbitration. The arbitrator is bound by these Terms. The party who seeks to initiate the arbitration must send a written notice entitled, “Notice of Dispute,” to the other party by email and by certified mail. In the event that you seek to initiate arbitration against the Company, this Notice of Dispute shall be emailed to inquiries@mylegalsoftware.com, and shall be mailed to:
173-29 Jamaica Ave, First Floor, Jamaica, New York 11432.
The Notice of Dispute shall describe the nature and basis of the claim as well as the specific relief sought. Settlement offers and their amounts should not be disclosed to the arbitrator until after the arbitrator determines the amount you or Immigration Question is entitled to.
3.4 Hearing Location
Unless you and Immigration Question agree otherwise, the hearings will be located in New York, New York. The type of hearing, whether remote or in-person, is governed by the AAA rules.
3.5 Waiver of Class Actions
You and Immigration Question agree that each may bring claims against the other only in an individual capacity. You hereby waive your right to be named as a plaintiff or class member in any purported class action or class arbitration proceeding. Without express agreement from both parties, claims from different parties will not be consolidated. If this provision is determined to be unenforceable, then it is our agreement that this entire arbitration provision shall be null and void.
3.6 Indemnity
You agree to defend, indemnify and hold harmless Immigration Question, its affiliates, and its and their respective directors, officers, agents, service providers, attorneys, suppliers, employees, successors and assigns, from and against any liability, damages, harm, loss, costs and expenses, including without limitation reasonable attorneys’ fees and court costs, arising out of or in connection with any claim, action, proceeding or demand made by any third party due to or arising out of your use of our Services and Website, your violation of these Terms, your negligence, gross negligence, or willful misconduct, or your violation of law or illegal act.
3.7 Governing Law and Jurisdiction
These Terms are governed by and will be construed under the laws of the State of New York without reference to conflict of laws principles. Subject to the Dispute Resolution provision, above, all disputes arising out of or related to these Terms will be subject to the exclusive jurisdiction of the state and federal courts located in New York, New York, and the parties agree and submit to the exclusive jurisdiction and venue of these courts.
- Ownership
4.1 Website Content
This Website is owned and operated by Immigration Question. All rights, title, and interest in and to the content and materials provided on this Website (excluding any Government forms that may be available via other sources), including but not limited to the design of the Website and all other content either written, graphic, or otherwise (including, but not limited to logos, purchased stock photography, text, icons, copyrights, and trademarks), collectively referred to as “Materials,” are owned either by Immigration Question or by third party authors, developers, or vendors. Except as otherwise expressly provided by us, none of the Materials may be copied, republished, reproduced, uploaded, downloaded, displayed, posted, distributed, or transmitted, in any way, including without limitation on any other Website or in a networked computer environment and claimed as not belonging to Immigration Question. Nothing on this Website shall be construed to confer any license under any of Immigration Question’s intellectual property rights, whether by implication, estoppel, or otherwise. Any rights not expressly granted herein to you are hereby reserved by Immigration Question.
4.2 Copyright
All website design, text, graphics, and the selection and arrangement thereof, are owned by the Company. All rights to this website’s creative design and selection, website interface, technical production, text are the property of Immigration Question. “Immigration Question”, the Company’s logo, slogan, images, and text, are the exclusive property of Immigration Question and as such cannot be copied, reproduced, applied or used outside of the customer’s individual citizenship application without our explicit written permission. All other trademarks, product names and company names or logos cited herein or on the Website are the property of their respective owners.
- User Acknowledgments
By using the Website, you agree to the following:
- Immigration Question does not represent you in any legal matter;
- You have been informed and are fully aware of all of the costs of all Services offered by Immigration Question;
- No governmental entity or authority has evaluated or approved Immigration Question’s knowledge or experience, or the quality of our Services; and, as such
- You are completely liable for your application for citizenship and all materials you may submit to the government, and any all government problems that may arise in connection therewith, including but not limited to any errors or wrongfully provided information in your forms.
- NOTIFICATION OF CHANGES
We may update these Terms at any time, and we will always post the most up-to-date version on our Website. If we determine, in our sole discretion, that a modification to these Terms and Conditions materially affects your rights, we may, but are not obligated to, notify you by sending a message to the email address you indicated in your account. Please note that each time you use the Website, the current version of these Terms will apply. The date of the latest iteration of the Terms is set forth at the top of this page.
Your use of Immigration Question’s Services after any updates to these Terms will constitute acceptance of the updated Terms. Immigration Question may promote a special offer on its Website or via email or any other place of its choice. If there is a conflict between the terms and conditions contained in this statement and any terms of the special offer, the terms of the special offer shall be controlling.