ZF Visa & Immigration

Terms of Use

THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND ZF VISA & IMMIGRATION (“ZF VISA”), AND BOTH YOU AND ZF VISA WAIVE THE RIGHT TO A JURY TRIAL OR CLASS ACTION. PLEASE READ SECTION 11 CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND REMEDIES AND WILL HAVE A SUBSTANTIAL EFFECT ON HOW DISPUTES BETWEEN YOU AND ZF VISA WILL BE RESOLVED.

1. Scope of Agreement

This Terms of Use Agreement (“Agreement” is between you and ZF Visa & Immigration (“ZF Visa”), and governs your use of the website located at www.zfvisa.com and www.zfimmigration.com (including all subdomains)(the “Site”) and the services provided by ZF Visa (the “Services”). By accessing or using the Site or the Services, you agree to be legally bound by this Agreement. Your use of the Site and Services is also subject to the terms of the ZF Visa Privacy Policy [link to privacy policy]. If you purchase additional Services after your first consultation, your relationship with ZF Visa will be governed by the Attorney Agreement, to be executed by you and ZF Visa. If you do not agree to the terms of this Agreement and the Privacy Policy[link to privacy policy], you may not access or use the Site or Services. The Site and Services are intended for use by persons 18 years of age or older. If you are under 18 years of age, you may not access or use the Site or Services without the consent of a parent or legal guardian. The Site and Services are not intended for use by children, especially those under age thirteen (13).

2. Description of Services; No Affiliation with the State Department, USCIS, or other U.S. Government Agency

ZF Visa & Immigration (“ZF Visa”) is a law firm focused on the federal practice of U.S. immigration law. ZF Visa is not affiliated with or endorsed by the U.S. Department of State, U.S. Citizenship and Immigration Services (USCIS), or any other U.S. government agency.

3. Use of Services; Access to and Use of Site and Services

3.1 License Grant to You. Subject to your complete compliance with the provisions of this Agreement you are granted a limited, non-exclusive, no-transferable, revocable license to use the Site and Services solely in the manner authorized and intended by ZF Visa. Any rights not expressly granted in this Agreement are expressly reserved by ZF Visa. The resale or distribution of materials made available on the Site without the express, written consent of ZF Visa is prohibited. All such materials are authorized only for your own personal use.

3.2 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. Google Chrome, Microsoft Explorer, Safari, Mozilla Firefox);
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 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;
distributing viruses, malicious code, malware or any other technologies that may harm ZF Visa, the Site, the Services or a user;
violating or circumventing any applicable laws, regulations, or ZF Visa technical measures, security measures or policies;
violating, infringing, or breaching the rights of ZF Visa 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 ZF Visa or engaging in any action that constitutes fraud.

Submitting false, inaccurate, misleading or deceptive information or failing to disclose information requested by ZF Visa or required to be included or disclosed on a State Department form or other government form may result in your visa being denied by the applicable government agency and ZF Visa will not have any liability to you as a result of such actions.

ZF VISA DOES NOT GUARANTEE THE APPROVAL OF ANY U.S. VISA AFTER YOUR USE OF THE SERVICES. THE DECISION ON ANY INDIVIDUAL’S VISA APPLICATION IS RESERVED FOR THE U.S. GOVERNMENT ALONE. ZF VISA DOES NOT PURPORT TO REPRESENT THE U.S. DEPARTMENT OF STATE, U.S. CITIZENSHIP AND IMMIGRATION SERVICES (USCIS), OR THE U.S. GOVERNMENT.

3.3 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 preparing you for your U.S. visa application and visa interview, you hereby grant ZF Visa 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. ZF Visa 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 ZF Visa’ use of such User Content does not violate or infringe upon the rights of any person or entity.

4. Fees.

ZF Visa charges fees for consultation sessions and legal services (“Legal Fees”). The Department of State, USCIS, and other agencies charge fees for the filing and processing of various government forms (“Government Fees”). U.S. visa application fees are separate from Legal Fees and must be paid to the applicable government agency at the time of filing. You remain responsible for paying Government Fees directly to the applicable government agency, and such fees may change from time to time.

4.1 Payment of Legal Fees. When you purchase services for which Legal Fees apply, you will be required to provide ZF Visa and/ or its third party vendors with valid, up-to-date credit card or other payment information. You are responsible for paying any invoice due. If we do not receive your payment when due, ZF Visa will have no obligation to provide the services associated with those Legal Fees.

4.2 Refunds/ Credits. Once we begin to render legal services, including providing you with a consultation, you are ineligible for a refund. On occasion, after you book a consultation, we may determine from the information you submitted that we are unable to help you. In such circumstances, we will provide a refund to you subject to the third party payment processor’s timeline.

4.3 No guarantee of U.S. visa approval. While we will make every effort to provide you with the best legal service to achieve a favorable outcome on your U.S. visa application and visa interview, we make no guarantees as to the outcome. The decision of whether or not to approve your U.S. visa is reserved for the U.S. Consul and Department of State.

5. 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 “ZF Visa Content”), is the property of ZF Visa or its licensors. No right, title or interest in any ZF Visa Content is transferred to you by way of this Agreement or otherwise. You may not reproduce, 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 ZF Visa Content, or the Site. ZF Visa and the ZF Visa Logo are trademarks of ZF Visa & Immigration.

5.1 Copyright Policy. The content, graphics, design, compilation, photos, and other content related to the Site and the Services (“Copyright Content”) are the property of ZF Visa and protected under applicable copyright law, trademark law, and other proprietary rights. You may not copy, redistribute, use or publish any part of the Site or the Services, except as allowed by this Agreement. You do not acquire ownership rights to any content, document, or other materials viewed through the Site or the Services. Clients agree that any written materials provided to you in connection with a consultation, visa interview, or the Services are for your own use and you may not redistribute, disseminate, publish, or display such material, in whole or in part, to any third parties without the prior permission of ZF Visa, except to your immigration advisors on an as needed basis.

5.2 Copyright Infringement. ZF Visa respects the intellectual property of others. If you believe that your work has been copied in a manner that results in copyright infringement, please contact ZF Visa’s Copyright Agent. Our designated agent for notice of alleged copyright infringement on the Site and Services is:

ZF Visa – Copyright Department

Address: 1484 Pollard Rd., Ste. 526

Los Gatos, CA 95032

By E-mail: [email protected]

By Phone: +1-408-310-3702

5.3 Trademarks. By visiting the Site and/or using the Services, you agree that ZF Visa, and other ZF Visa graphics, logos, page headers, button icons, scripts, and all copy are trademarks, registered trademarks or trade dress of ZF Visa. ZF Visa trademarks and trade dress may not be used in connection with any product or service that is not ZF Visa’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ZF Visa.

5.4 Other trademarks. All other trademarks not owned by ZF Visa or its affiliates that may appear on this Site are the property of their respective owners, who may or may not be affiliated with, connect to, or sponsored by ZF Visa or its affiliates.

6. 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. ZF Visa does not endorse, recommend, approve of or make any representations or warranties regarding any third parties or their products or services. ZF Visa may provide links to third-party websites. ZF Visa is not responsible for the content for 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.

7. Disclaimer of Warranty

THE SITE AND THE SERVICES ARE PROVIDED BY ZF VISA ON AN “AS IS” AND “AS AVAILABLE” BASIS. ZF VISA 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, ZF VISA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. ZF VISA 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 ZF VISA WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITH YOU WITHOUT YOUR AGREEMENT TO THE TERMS OF THIS DISCLAIMER.

8. Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL ZF VISA, ITS AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS BE LIABLE TO YOU OR TO ANY OTHER PESRON 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 ZF VISA, 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 ZF VISA 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. ZF VISA’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE AND USE OF THE SITE, BUT IN NO CASE WILL OUR LIABILITY TO YOU EXCEED $50. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR THE SITE AND THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTENT 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 MATEIRALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

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 ANY OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

9. Class Action/ Jury Trial Waiver

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USE THE SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPOTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE HPROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND ZF VISA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

10. Indemnification

You agree to defend, indemnify and hold harmless ZF Visa, 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. ZF Visa 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, ZF Visa, financial or otherwise, without the written consent of ZF Visa.

11. Termination

This Agreement shall remain in force and effective unless and until terminated as provided in this Section 10. You may terminate this Agreement at any time by providing written notice to ZF Visa, via email to [email protected]. Except where you terminate this Agreement due to an uncured material breach of this Agreement by ZF Visa, ZF will have no obligation to refund you any Service Fees previously paid to ZF Visa for the Services. ZF Visa may terminate this Agreement immediately with or without notice, and/ or may deny you access to the Site or Services. In ZF Visa’s sole discretion, in the event you breach, or threaten to breach, any term of this Agreement, we will stop the Services and no refund of the fees you have paid will be made. Unless otherwise agreed to by ZF Visa in writing, this Agreement shall terminate automatically on that date which is 12 months following the date on which you initially purchased the 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 5, 7-9 shall survive any termination of this Agreement.

12. Dispute Resolution by Binding Arbitration

Please read this carefully. It affects your rights.

We believe customer concerns can be resolved quickly by emailing [email protected]. If we are 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.

Arbitration Agreement:

12.1. ZF Visa 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 “ZF Visa,” “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. You agree that, by entering into this Agreement, you and ZF Visa 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 terminate of this Agreement.

13. Miscellaneous Terms

13.1 Consent to Electronic Communications. You consent to receive communications from ZF Visa electronically, and you agree that all agreements, notices, disclosures and other communications that ZF Visa provides to you electronically, via email, or on the Site, satisfy any legal requirement that such communications or agreements be in writing.

13.2 Assignment. You may not assign your rights under this Agreement without the prior written permission of ZF Visa and any attempt by you to do so shall be null and void.

13.3 Waiver. 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.

13.4 Severability. 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 impared or invalidated in any way.

13.5 Changes to Agreement. ZF Visa may edit or modify anything on the Site or Services without notice. If we make any material changes, we will notify you by posting the revised Agreement on the Site. 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 constitutes your agreement to such changes.

13.6 Governing Law. This Agreement will be construed in accordance with and governed exclusively by the laws of the State of California applicable to agreements made among California residents and to be performed wholly within such jurisdiction, regardless of the parties’ actual domiciles.

13.7 Entire Agreement. This Agreement, including all agreements referred to and incorporated herein, sets forth the entire understanding and agreement between you and ZF Visa, and supersedes any and all other oral or written agreements or understandings between the parties.