Terms of Service

Last Modified: July 9, 2024

You understand and agree that your visit and/or use of this website owned and managed by Pemberton Law, PLLC, (PL) indicates that you agree and clearly understand the Disclaimers, Privacy, and Refund policies indicated on this site.

You understand that these Terms of Service contain a binding arbitration agreement on an individual basis to resolve disputes, rather than jury trials or class actions, and limit the remedies available to you in the event of a dispute.

You agree to receive electronic communications from PL as part of the services we provide. As part of our services, we may assign a unique email address to your account to help PL receive notices from the government body processing your travel document and submit your application. If, at any time, you do not want PL to continue to use this email associated with your account, or stop receiving notices about your application, please let us know by emailing us at [email protected].

You understand that our review of your intake and information you provide is limited to completeness, spelling, and for internal consistency of names, addresses, and the like. You will read the final application(s) before signing it, where applicable, and agree to be solely responsible for the final applications(s) and its content.

Accuracy of Information and Third-Party Consent

To the best of my knowledge, I have provided accurate information to PL and the Site and have obtained all third-party consents required for my service.

Electronic Records and Signatures

You give PL and the Site consent to affix your electronic signature where required to file my documents. You understand you may withdraw your consent, provided the relevant application has not already been filed, by contacting us [email protected].

Non-English-Speaking Customers

You understand that certain materials on the PL site, including but not limited to questionnaires, documents, instructions, and filings, are only available in English. Non-English translations of these Terms, as well as other terms, conditions, and policies, are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.

Consent to receive calls and text messages

You consent to receive telemarketing calls and text messages from GoVisa Lawyer a brand managed by Pemberton Law, PLLC. These communications may be for marketing or other purposes and include calls and text messages made with an autodialer or prerecorded voice message, using telephone number(s) you provide. You understand that consent is not required as a condition of purchasing any goods or services from GoVisa Lawyer.

Use of Artificial Intelligence

In providing legal representation for your case, PL, may utilize artificial intelligence technologies, including but not limited to natural language processing, machine learning, and predictive analytics ("AI"). The use of AI may involve the processing and analysis of data related to your case to assist in legal research, document review, drafting, and other legal tasks. By engaging PL for legal services, you consent to the use of AI in the handling of your case. Please note that while AI can enhance the efficiency and effectiveness of legal services, it does not replace the judgment and expertise of our attorneys. PL will take reasonable measures to ensure the confidentiality and security of any information processed through AI systems. However, it is important to understand that no system is entirely free from risk, and there may be limitations to the security of data transmitted or stored electronically. If you have any concerns or objections regarding the use of AI in your case, please discuss them with your attorney or a member of our team. Your decision to engage PL is voluntary and indicates your informed consent to the use of AI as described in this clause.

Processing Minor Applicant Data

At PL, we understand the importance of protecting the personal information of all our clients, including minors. When a parent or legal guardian engages our services on behalf of a minor, we require their consent to collect, use, and disclose the minor's personal information for the purpose of completing the requested government applications. By engaging our services and providing personal information of a minor, the parent or legal guardian acknowledges and agrees to the following:

  • Authorization: The parent or legal guardian grants PL the authority to complete, sign, and submit all necessary documents and forms related to the requested government applications on behalf of the minor.
  • Disclosure of Information: The parent or legal guardian understands that the requested applications may require the disclosure of the minor's personal information, and they consent to the release of such information as necessary to complete the application process.
  • Verification and Accuracy: The parent or legal guardian affirms that the information provided in the applications is accurate and truthful to the best of their knowledge. They understand that providing false information may result in legal consequences.
  • Communication: The parent or legal guardian authorizes PL to communicate with the relevant government agencies on behalf of the minor regarding the applications and any related matters.
  • Revocation of Consent: The parent or legal guardian understands that they may revoke this consent at any time by providing written notice to PL. However, they acknowledge that revoking consent may affect the processing of the applications. Revocations may be submitted at [email protected].

By engaging our services and providing personal information of a minor, the parent or legal guardian confirms that they have read, understood, and voluntarily agree to authorize PL to act on behalf of the minor in filing the requested government applications.

If you have any questions or concerns about our privacy practices regarding minor applicant data, please contact us at [email protected].

Limitation of liability and indemnification

Except as prohibited by law, you will hold PL 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 me of any federal, state, or local laws, statutes, rules, or regulations, even if PL has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of PL, 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. Some states or territories do not allow the exclusion or limitation of punitive, incidental, or consequential damages, so the prior limitation or exclusion may not apply to me.

Third party services

If you purchased a product that involves third party services, you understand that you may be required to accept additional terms located on the third party’s site. The third party may contact me by email and/or phone with instructions on how to access my benefits. PL hereby disclaims liability for any information, materials, products, or services posted or offered as part of any third-party services. PL is not liable for any failure of products or services offered or advertised at those sites. A third-party may have a privacy policy different from that of PL and the third-party website may provide less security than the PL site.

Future Products and Services

If you choose to add a product or service to my order after this initial purchase in a future purchase, these Terms of Service will apply to that additional product or service purchase as well.

Refund Policy

I understand that PL has a clearly stipulated Refund Policy that is herein incorporated in these Terms of Service. The terms of the Refund Policy are accessible at http://govisalawyer.com/refund-policy

Governing Law

These Terms of Use and your use of this Site shall be governed by and construed for both substantive and procedural purposes in accordance with the laws of the state of Utah, USA, without giving effect to any principles of any choice or conflict of law provision or rule that would cause the laws of any jurisdiction other than those of the District of San Juan to apply.

Timing of Claims

Any cause of action or claim you may have with respect to this Site (including, but not limited to, the purchase of any products and/or services) must be commenced within one (1) year after the claim or cause of action arises.

Arbitration and Venue

Any dispute relating in any way to your visit to this Site shall be submitted to confidential arbitration in the state of Utah, USA, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court, and you consent to jurisdiction and venue in such courts. Arbitration under these Terms of Use shall be conducted under the rules then prevailing of the American Arbitration Association in accordance with its Commercial Arbitration Rules and before a single arbitrator. Ultimately, the selected arbitrator must have expertise in the subject matter of the dispute. The expenses of the arbitration charged by the arbitrator shall be borne by the prevailing party or otherwise as appropriately allocated between the parties to the arbitration by the arbitrator in his or her discretion. However, in every other regard, each party shall pay for and bear its own costs and legal fees, costs, and expenses. The arbitration shall be completed within one hundred twenty (120) days of either giving notice or filing a demand to arbitrate with the American Arbitration Association (whichever shall first occur).

Final Arbitration

The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction in the state of Utah, USA. The testimony, evidence, ruling, and all documentation regarding any arbitration shall be considered confidential information. Neither party may use, disclose, or divulge any such information unless otherwise required by law.

Class Action Waiver

To the fullest extent permitted by applicable law, no arbitration under these Terms of Service shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one (1) person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. By your use of this site, you affirm your accordance and agreement with the waiver.

Suspended Accounts

You agree that we have the right, but not the obligation, to monitor, suspend, terminate, edit, disclose, refuse to post, or remove at any time, for any reason in our sole discretion, any material, content, and/or activity anywhere on this Site. Notwithstanding this right, we do not and cannot review all materials submitted to this Site. If notified, we may investigate an allegation that content transmitted to us is in violation of these Terms of Service and determine whether to have the communication removed. However, we are under no obligation to remove content and assume no responsibility or liability arising from or relating to any actions or content transmitted by or between you or any third party within or outside of this Site, including, but not limited to, any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.

Filing Fees

Listed purchase prices for application preparation assistance services do NOT include any government application, medical examination fee, filing, or biometrics fees. Government fees are non-refundable. See Refund Policy, accessible at http://govisalawyer.com/refund-policy

Reviews

After your purchase, you may receive an email survey request from PL. You may also write a review on the Site. If you complete the survey or submit a review, your opinions may be posted, in whole or in part, on the Site or used in marketing material. The review may be accompanied by limited identifying information, such as your first name and last initial, the product you purchased, your gender, city and/or state, and age range.

Force Majeure

PL shall not be considered in breach of or default under these Terms of Service or any contract with me or any other user, and shall not be liable to me for any cessation, interruption, or delay in the performance of its obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, pandemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a “Force Majeure Event”). If a Force Majeure Event continues for more than 60 days in the aggregate, PL may immediately terminate these Terms of Service and shall have no liability to me for or because of any such termination.

Right to refuse

You acknowledge that PL reserves the right to refuse service to anyone.
You understand that these terms affect my legal rights and obligations. If you do not agree to be bound by all these terms, you will not use this service. By proceeding with your purchase, you agree to these Terms of Service.

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