TERMS OF SERVICE Welcome to VisaJourney® ("Website" or "Service") provided by VisaJourney LLC ("VisaJourney"). VisaJourney is not associated with any government agency. VisaJourney is accessible worldwide to anyone with Internet access. Access to and use of VisaJourney Websites and Services are subject to the Terms of Service ("TOS") as described below and all applicable laws and regulations. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE WEB SITE OR ANY SERVICES OFFERED BY VISAJOURNEY. BY ACCESSING ANY SERVICE OR WEBSITE OF VISAJOURNEY, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TOS AS STATED BELOW. IF YOU DO NOT WISH TO BE BOUND BY THE TOS, YOU SHOULD NOT ACCESS OR USE ANY WEB SITE OR SERVICE OFFERED BY VISAJOURNEY. VisaJourney reserves the right to change the TOS at any time. The changes will appear on this screen. By using the Services and the Websites of VisaJourney, you agree to review the Terms of Services when you visit VisaJourney. IF AT ANY TIME YOU DO NOT WISH TO BE BOUND BY THE TOS, YOU SHOULD NOT ACCESS OR USE ANY WEB SITE OR SERVICE OFFERED BY VISAJOURNEY. Your use of VisaJourney is at your own risk. If you are dissatisfied with any of the Websites, Services, Materials or other contents of VisaJourney or with the TOS, VisaJourney's Privacy Policy, or other policies, your sole remedy is to discontinue use of VisaJourney. SERVICES VisaJourney contains discussion forums, chat rooms, review sections, photo galleries, member timelines and other interactive features (collectively, the "Service"). You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, links and other materials (collectively, "Content"), whether posted publicly or privately, are the sole responsibility of the person from which such Content originated. This means that you, and not VisaJourney, are entirely responsible for all Content that you publish, post, upload, distribute, disseminate or otherwise transmit (collectively, "Post") via the Service. VISAJOURNEY DOES NOT ATTEMPT TO MONITOR THE ENTIRE CONTENT OF THE SERVICE (INCLUDING BUT NOT LIMITED TO THE DISCUSSION FORUMS) AND TAKES NO RESPONSIBILITY FOR SUCH CONTENT. INSTEAD, VISAJOURNEY MERELY PROVIDES ACCESS TO SUCH CONTENT AS A SERVICE TO YOU. By its very nature, the Content Posted on the Service (including but not limited to the discussion forums) may carry offensive, indecent, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will VisaJourney be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content Posted via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. No Endorsement. VisaJourney does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications or Content Posted via the Service. These communications and Posts express the views of the author and not necessarily the views of VisaJourney. You acknowledge that any reliance on Content Posted via the Service (including but not limited to the discussion forums) will be at your own risk. No Obligation to Monitor. VisaJourney does not control the information delivered via the Service, and VisaJourney has no obligation to monitor the Content of the Service. However, VisaJourney reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in VisaJourney's sole discretion. Any user who feels any Content of the Service is objectionable is encouraged to contact us immediately by visiting the 'contact us' section. In particular, Members are encouraged to report objectionable Content on the Forums by use of the Report feature (a link to the Report feature is below each Post in the Forums). We have the ability to remove objectionable Content and we will make every effort to do so, within a reasonable time frame, if we determine that removal is necessary. Registration. When you register to the Service, you must: (1) personally provide true, accurate and complete registration information on the registration form (collectively, the "Registration Data"), (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete, (3) fully read and agree to the entire TOS for VisaJourney, and (4) confirm and validate your email address as part of the registration process. As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. If you provide any information that is untrue, inaccurate, not current or incomplete, or VisaJourney has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, VisaJourney has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You may only register one account with the following exception: You may register a second account to Post information on the Forums that you perceive as personal and prefer not to be publicly associated with your first account. Registering additional accounts with the purpose of violating the TOS will result in the appropriate administrative action being applied to all registered accounts (as well as all duplicate accounts being terminated). Closing Account. If at any time you wish to close your registered account you may do so here or contact VisaJourney if you have any concerns. Members. The term member refers to a user of the site who has completed Registration and has obtained a username. A member is in no way affiliated, paid by, or otherwise compensated by VisaJourney. Members have no control over the operation or presentation of VisaJourney other than the ability to Post and in some cases move Content in discussion forums. These limited abilities should in no way imply a relationship or affiliation with VisaJourney. Their actions and liabilities are fully bound by the TOS. Any opinions or statements made by a member do not necessarily reflect the opinions or beliefs of VisaJourney. Moderators. The term moderator refers to a member at VisaJourney that has the following additional "moderation" abilities to interact on the discussion forums compared to non-moderator members: Closing Topics, Moving Topics, Temporarily Removing Topics or Posts from Public View and Temporarily Limiting Access to the discussion forums by other members. These additional abilities are only used when when a Moderator believes that a member's activity or Posted content on the discussion forums does not comply with the VisaJourney TOS. VisaJourney does not actively monitor the use of these "moderation" abilities by Moderators, however if a member disagrees with a Moderators use of these "moderation" abilities they may contact VisaJourney and request that the Moderators actions be reviewed. The final decision on whether to reverse or alter a Moderator's action(s) will be decided at the sole discretion of VisaJourney. A moderator, being a MEMBER of VisaJourney, is in no way affiliated, paid by, or otherwise compensated by VisaJourney. Moderators have no control over the operation or presentation of VisaJourney other than their existing member and "moderation" abilties on the discussion forums. These limited abilities should in no way imply a relationship or affiliation with VisaJourney beyond any other member of the board. Their actions and liabilities are fully bound by the TOS. Any opinions or statements made by a moderator do not necessarily reflect the opinions or beliefs of VisaJourney. Moderators receive no compensation of any kind from VisaJourney. VisaJourney's Rights. If VisaJourney discovers Content or communications that allegedly do not conform to any term of the TOS, VisaJourney may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication or Content. VisaJourney will have no liability or responsibility for performance or non-performance of such activities. VisaJourney reserves the right to terminate or restrict your access to any or all of the Service at any time without notice for any reason whatsoever. Termination and Suspension. You agree that VisaJourney may, without prior notice and for any reason whatsoever, immediately Terminate or Suspend (for a period of time determined at the sole discretion of VisaJourney) your Member account and access to the Service. Cause for such termination may include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) you have engaged in fraudulent or illegal activities. Termination or Suspension of your Member account may include, but not be limited to, (a) removal of access to the Service, (b) deletion of your password and all related information, files and content associated with or inside your Member account (or any part thereof), and (c) barring further use of the Service (or any part thereof). Further, you agree that all terminations and suspensions shall be made at VisaJourney's sole discretion and that VisaJourney shall not be liable to you or any third-party for any Suspension or Termination of your account or access to the Service (or any part thereof). You agree that if your Member account is Terminated or Suspended that you will not attempt to bypass the Termination or Suspension by any method including, but not limited to, registering additional Member accounts. Privacy. You acknowledge that the Service contains public and not private communications and Content, and that therefore others may read your communications and Content you Posted without your knowledge. Always use caution when Posting any personally identifying Content about yourself, your children or anyone else via the Service. Generally, any communication or Content that you post to the Service is considered to be non-confidential. If a particular feature of the Service permits the submission of communications that will be treated by VisaJourney as confidential, that fact will be explicitly stated on those pages. For more information on VisaJourney's approach to privacy in general, see VisaJourney's Privacy Policy. Storage. Many features of the Service store information on behalf of users. Examples include, but are not limited to, email messages, personal messages, images, profile information, chat, web pages, calendar functions, timelines and Posts. VisaJourney reserves the right, in its sole discretion, to limit the amount of storage space available per user or to delete or limit access to these materials. Nuking and Archiving. You may request removal of Content from the website that you have Posted yourself. In contrast, you agree to resolve directly and exclusively with third parties any disputes you may have about messages that they Posted. In this regard, you understand that VisaJourney does not monitor or control the Content or communications Posted by others, and instead simply provides a service by allowing users to access Content via the Service that has been made publicly available. Member Disputes. You are solely responsible for your interactions with other Members. VisaJourney reserves the right, but has no obligation, to monitor disputes between you and other Members. Permitted Uses. You agree that you are responsible for any Content and communications that you Post and for any consequences thereof. You agree to use the Service (including but not limited to the discussion forums) only to send and receive messages, material, and in general Content that is in conformity with or permitted by law (legal), proper and if part of the discussion forums then also related to the particular subject matter. By way of example, and not as a limitation, you agree that when using the Service, you will not:
Member Content Ownership and Rights. VisaJourney claims no ownership or control over any Content submitted, Posted or displayed by you on or through the Service. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, Post or display on or through the Service and you are responsible for protecting those rights, as appropriate. License Grant. By Posting Content or communications on or through the Service, you automatically grant VisaJourney a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Content or communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees. No Solicitation. You shall not distribute on or through the Service or to any persons or entities identified via VisaJourney any Content or material containing solicitations or advertising of any kind without the express prior written permission of VisaJourney. Lawyers, law firms, immigration related businesses or their proxies are prohibited from soliciting employment from prospective clients through the Forums or any of its interactive features. In the discussion forums you may discuss or recommend third-party Web sites, goods or services, so long as you have no financial interest in and receive no direct or indirect benefit from such Web sites, products or services, or the recommendation of such. NO RESALE OF SERVICE You agree not to sell, resell, or offer for any commercial purposes, any portion of the VisaJourney Website or Services, use of the VisaJourney Websites and Services, or access to the VisaJourney Websites and Services. COPYRIGHT INFRINGEMENT AND COPYRIGHT AGENT VisaJourney may, in appropriate circumstances and at its discretion, remove, or disable access to, material on the VisaJourney Websites and Services that infringes on the rights of others. Any unauthorized downloading and distribution of any copyrighted material (other than for personal non-profit use) from VisaJourney or sites to which we link, without the copyright owner's permission, is strictly prohibited. Notifying VisaJourney of Alleged Copyright Infringement. If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you must notify us by providing the information spcified by the Digital Millennium Copyright Act ("DMCA") (https://www.copyright.gov/title17/92chap5.html#512). Please note that we may post your notification, with personally identifiable information redacted, to a clearinghouse such as chillingeffects.org. Please also note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright. Please submit your claim of infringement here. After receiving a claim of infringement, VisaJourney will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Providing VisaJourney with Counter-Notification: If you feel that your material does not constitute infringement, you may provide VisaJourney with a counter notification by written communication here that sets forth all of the necessary information required by the DMCA (https://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney. LINKS TO OTHER SITES The VisaJourney Websites and Services contain links to third party web sites that are maintained by others. These links are provided solely as a convenience to you and not as an endorsement by VisaJourney of the contents on such third-party Web sites. VisaJourney is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk. NO LEGAL ADVICE OR ATTORNEY-CLIENT RELATIONSHIP Information contained on or made available through VisaJourney Websites and Services (including but not limited to the discussion forums) is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstance and no attorney-client relationship is formed. Do not act on or rely on any information from VisaJourney Websites and Services without consulting with a licensed attorney as this site is not a substitute for obtaining appropriate legal advice from a competent, independent legal counsel in the relevant jurisdiction. Moreover, due to the rapidly changing nature of the law and the reliance on information provided by outside sources, we make no warranty or guarantee concerning the accuracy or reliability of the Content on VisaJourney Websites and Services or at other sites to which we link. Nothing submitted to this Web Site is treated as is privileged or confidential with the exception of items listed in VisaJourney's Privacy Policy. All communications and Content Posted via the Service (including but not limited to the discussion forums) are NOT treated as privileged or confidential. ATTORNEY ETHICS NOTICE If you are an attorney, participating in any aspect or using any Service of VisaJourney, including but not limited to, chat rooms or discussion forums, you acknowledge that rules of professional conduct apply to all aspects of your participation and that you will abide by such rules. The rules include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorized practice of law, and misrepresentations of fact. VisaJourney disclaims all responsibility for your compliance with these rules. You further agree and acknowledge that when you use any Service of VisaJourney, including but not limited to the discussion forums and chat rooms, you will not offer legal advice and will not solicit employment from prospective clients. ADVERTISERS VisaJourney may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on VisaJourney is accurate and complies with applicable laws. VisaJourney will not be responsible for the illegality of or any error or inaccuracy in any advertiser’s or sponsor’s materials. THIRD-PARTY CONTENT Third-party content may appear on VisaJourney Websites and Services or may be accessible via links from VisaJourney. VisaJourney shall not be responsible for and assumes no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party Content appearing on VisaJourney. You understand that the information and opinions in the third-party Content represent solely the thoughts of the author and is neither endorsed by nor does it reflect the beliefs of VisaJourney. DISCLAIMER OF WARRANTIES VisaJourney Websites and Services (including but not limited to the discussion forums) and the information, software and other Content available on or accessible via the Websites and Services is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement or implied warranties of merchantability or fitness for a particular purpose. VisaJourney does not warrant that the Website and Services will meet your requirements or expectations, be uninterrupted or error free or that any information, software or other material available on or accessible through the Website and Services is free of viruses, worms, trojan horses or other harmful components. No advice or information, whether oral or written, obtained by you from any Website or Service of VisaJourney, including but not limited to the discussion forums, shall create any warranty not expressly stated in the TOS. VisaJourney may make improvements and/or changes to its features, functionality, Content or any other part of the Websites and Services at any time. LIMITATION OF LIABILITY / DISCLAIMER OF DAMAGES IN NO EVENT SHALL VISAJOURNEY OR ITS SUPPLIERS BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR LOST PROFITS) RESULTING FROM THE USE OR INABILITY TO USE VISAJOURNEY OR THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VISAJOURNEY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GOVERNING LAW AND JURISDICTION The TOS shall be governed by and construed in accordance with the laws of the State of California and the United States of America. You agree that any dispute arising from or relating to the subject matter of the TOS shall be governed by the exclusive jurisdiction and venue of the state and federal courts of Los Angeles County, California. IMPORTANT INFORMATION ABOUT FRAUDULENT OR ILLEGAL IMMIGRATION ACTIVITIES VisaJourney does not condone immigration fraud in any way, shape or manner. VisaJourney recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. For more information on immigration and how immigration fraud affects all members of the immigration community please see USCIS.GOV. UNLAWFUL ACTIVITY VisaJourney reserves the right to investigate complaints or reported violations of our TOS and to take any action we deem appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. INDEMNIFICATION You agree to defend, indemnify and hold VisaJourney and its owners, administration, agents, information providers, affiliates, and partners (collectively the "VisaJourney Parties") harmless from any and all liabilities, losses, costs and expenses, including reasonable attorney's fees, related to any violation of the TOS by you (a "Claim"). In the event a Claim is brought against any VisaJourney Party or Parties, VisaJourney shall provide notice to you and shall have the right to retain counsel of its choosing to defend against such a Claim. You agree to reimburse VisaJourney for any costs (including reasonable attorney fees) or damages awards incurred in association with such defense. Furthermore, you agree to cooperate in good faith to assist VisaJourney in such defense and any settlement negotiations related thereto, and to reimburse VisaJourney for reasonable settlement amounts if any. VIOLATIONS If you are aware of any violations of the TOS, please report them here. REMEDIES FOR VIOLATIONS VisaJourney reserves the right to pursue any and all legal and equitable remedies for violations of the TOS, including but not limited to terminating any and all Member accounts you may have and blocking access from a particular Internet address (or range of addresses) to any of VisaJourney's Websites and Services. PRIVACY Your use of VisaJourney is also subject to VisaJourney's Privacy Policy, which you link to by clicking here: Privacy Policy. SEVERABILITY OF PROVISIONS The TOS incorporates by reference all notices and disclaimers contained on VisaJourney and constitutes the entire agreement between you and Provider with respect to access to and use VisaJourney. If any provision of the TOS is found unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. NON-WAIVER The failure of either party to enforce any rights hereunder shall not constitute a waiver of any terms or conditions of the TOS. GENERAL Except as expressly provided in a particular "Legal Notice" on particular web pages, the TOS and its referenced parts constitutes the entire agreement between you and VisaJourney with respect to the use of VisaJourney Websites and Services, superseding any prior agreements. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The TOS is accepted upon your use of the Websites and Services and is further affirmed by you becoming a Member. |
