For any reason, you (the “Client” or “You” or “Your”) must totally consent to these terms and conditions before using inityslawfirmtechnologies.com site. As these terms and conditions contain critical data, you ought to peruse these terms and conditions before using any of our items ,Products and/or services,.
The inityslawfirmtechnologies.com site is worked and in addition kept up by Initys Law Firm Technologies LLC., .Initys Law Firm Technologies LLC.,(“ILFT,” “our” “we,” or “us”), using our site inityslawfirmtechnologies.com(“Website,” or “Webpage”), offers: (i) immigration related data and items; and (ii) a mechanized programming answer for rounding out some U.S. movement shapes using the particular data and in addition headings you give, which ILFT then conveys the application to you alongside guidelines (from this point forward alluded to as the “Service”).
The Initys Law Firm Technologies LLC offers the Services that is liable to these Terms and Conditions (the “Terms”), which may be updated by Initys Law Firm Technologies LLC at our own discretion at any time. These reports on the Terms will be done at our own particular caution, as and when we regard essential.
You acknowledge as well as agree that, by utilizing the Website and/or purchasing our Service:
• You are accessing ILFT at your own interest;
• ILFT is in no way representing you in any legal matter or related issues;
• You have been educated and told of the nature and in addition cutoff points of ILFT’s Service and also the cost involved for the Service;
• No attorney-client relationship or affiliation or benefit is made amongst you and ILFT or its employees or any of ILFT’s stakeholders;
• No government agency or government office has endorsed, evaluated or approved ILFT’s Website or any Service offered by ILFT in any manner.
ILFT IS NOT A GOVERNMENT AGENCY. ILFT IS NOT AFFILIATED OR ENDORSED BY ANY FEDERAL, STATE OR LOCAL GOVERNMENT AGENCY IN ANY WAY. ILFT IS NOT A LAW FIRM AND THE SERVICE IS NOT A SUBSTITUTE OR ALTERNATIVE FOR THE ADVICE OF AN ATTORNEYs.
ILFT and/or any of its employees DO NOT offer any lawful guidance or legal advice in any way. This Website is not expected to, and does not, make or advance any attorney-client affiliation or relationship.
ILFT does not offer any legal advice that a lawyer offers. Additionally, we won’t offer any counsel, clarification, assessment, proposal or any suggestion about your lawful rights, alternatives, lawful arrangements, procedures or choice of structures.
Please be aware that no attorney-client relationship or affiliation will be made between you and ILFT, ILFT partners or any of its workers through your usage of this Website or buy of the Service.
You have complete opportunity to counsel with and in addition look for exhortation and hold a attorney of your decision whenever. On the off chance that you have any lawful questions, inquiries or particular issues, please get legitimate counsel from any qualified attorney of your choice.
One of the real advantages of our Website is putting forth data about the U.S. Citizenship and information’s on Immigration Service and U.S. Department of State application forms and about its requirements.
Our website encourages you access to a robotized, easy to use DIY (Do-It-Yourself’) specialized programming arrangement. This arrangement helps and aides you through the process of preparing an application, based on the specific and particular information you provide as well as decisions you make.
Through getting to our website and/or using our services in any way, you comprehend and totally consent to agree to and be bound by these Terms. Additionally, while using ILFT website and our services, you comprehend and totally consent to submit to any posted and recorded rules for the greater part of ILFT’s Services, which may change now and again, and to agree to applicable regulations, rules as well as laws
Any use of the Website and/or Services by you after ILFT’s distribution of any such changes, adjustments or overhauls might constitute your complete comprehension and acknowledgment of these Terms, as altered, as to any extra usage of the website or additional purchase of Services..
Discontinue usage if you disagree
On the off chance that you question or don’t consent to any of these Terms, any rules, or any consequent alterations, or on the off chance that you get to be disappointed with ILFT, the website and/or the Services, you ought to instantly and expeditiously cease using the website and the services. If it’s not too much trouble be educated that these Terms stay in complete force and effect as long as you are a user of the ILFT website and/or an registered user.
In the occasion of termination and/or discontinuation of any registration, feature or service, please be informed that you will in any case be bound by your commitments under these Terms, including any warranties, indemnifications as well as limitations of liability. You ought to intermittently and routinely experience changes in the terms. ILFT reserves complete right, whenever, to change, adjust or overhaul the Terms by publishing revised terms on the Website.
You comprehend and totally concur that ILFT is allowed and permitted to access and in addition use some other data and/or points of interest given by you to perform the service and additionally, if required, to get to such data to accumulate contact data to give notices connected with the service ILFT offered to you.
IF YOU DO NOT AGREE TO ANY OF THESE TERMS AND CONDITIONS, DO NOT UTILIZE THIS WEBSITE IN ANY MANNER. BY UTILIZING THIS WEBSITE AND AGREEING TO THESE TERMS, YOU HEREBY ACKNOWLEDGE THAT YOU ARE AT LEAST 18 YEARS OLD AND ALSO THAT YOU ARE LEGALLY
COMPETENT AND ELIBIBLE TO ENTER INTO A CONTRACT. Website as well as Service Access and Your Utilization-Related Restrictions
ILFT stipends you a revocable, non-transferable, nonexclusive and restricted license to get to our website and use our service entirely for your very own utilization as it were. You may not download, duplicate, change or adjust any bit or part of the website with the exception of as explicitly allowed by ILFT. No Materials (as expressed in this Terms) from the website might be duplicated, republished, imitated, transferred, shared, posted, transmitted, or appropriated in any capacity without acquiring ILFT’s expressive, composed consent.
Any infringement of these Terms will bring about the programmed end, with no notification or insinuation, of your permit to get to the whole website and in addition use of the service, furthermore may constitute the infringement of ILFT’s copyright, trademark and/or different rights.
You comprehend and totally concur not to get to or attempt to get to any computer framework, equipment and/or programming of ILFT, its projects, its data, points of interest or its information that are not made accessible for open use. But as explicitly expressed in this, you are not allowed or offered any privilege or permit, by suggestion, estoppel, or something else, in or to any patent, copyright, trademark or restrictive right of ILFT’s or any outsider, in relationship with your use of the Website and additionally any Materials gave by ILFT or some other outsider on the Website .
All components of the Website , including custom graphics, logos, pictures, page headers, footers, sounds, catch symbols, and additionally the “look and feel” of the Website (counting its configuration, design, shading plans, shading blends, symbols, catch shapes and also other graphical components) are ensured by copyright, exchange dress and other state and in addition government laws and may not be replicated, utilized or imitated, in entire or to a limited extent.
You comply and completely agree that you will not:
- Copy, republish, reproduce, upload, share, post, transmit, or distribute in any way any Materials, in part or in whole, without our written permission as well as consent, other than as expressly permitted either by us or our authorized ILFT personnel.
- Utilize any robots, spiders, data mining, or similar data-gathering as well as extraction methods within the Website or in any way reproduce, replicate, circumvent or duplicate the navigational structure or presentation of the inityslawfirmtechnologies.com Website or its contents or its design elements.
- Disable, hinder, circumvent or interfere with the security aspects of the Website or features that limit, prevent, thwart, foil or restrict using or copying of the Website or any Materials or any website elements.
- Spread or transmit any software or other malicious materials that contain worms,viruses, Trojan horses, defects, time bombs, bugs, date bombs or any other harmful or destructive items.
- Change, adapt, modify, sub-license, sell, translate, reverse engineer, disfigure, disassemble, deconstruct or decompile any portion of the Website or attempt to derive any source code or underlying ideas or algorithms or inherent software source files on the Website.
- Commit or do anything that imposes or may impose, in our sole and discrete judgment, an unreasonable or disproportionately or inexplicably heavy load on our or any of our third party providers’ infrastructure or any other resources.
- Resell or indulge in profit-making or make commercial usage of the Website, the Service or Materials; or make any derivative utilization of the Website, the Service, Materials or any other resources available on the Website.
- ‘Frame’ or ‘mirror the entire Website or any part or any design element.
- Indulge in flooding or spamming or trolling or flaming.
- Utilize the Website, the Service or any Materials for any unlawful or illegal or illegitimate activity.
Registration For Membership
Please be informed that you are free and permitted to skim our Website and view open substance without finishing the enlistment action. Yet, as a condition to using certain particular parts of the Website or obtaining or purchasing Services, you should guarantee that you enlist with us and in addition make a Client ID involving a secret key and legitimate email address (all things considered called as ‘Client ID’).
You must provide us authentic, accurate as well as complete registration information. Not doing so due to any reason breaches of these Terms and may even result in termination of your account, without any necessity on ILFT to offer any explanation to you.
Please note that you do not utilize:
- a name or email or some other individual data of a man other than you with no approval;
- the name or email or some other individual data of another person with the expectation to mimic or emulate that individual; or
- use a name or email or some other data that is illegitimate, unlawful, hostile, indecent, foul or disallowed
We may scratch off a Client ID, decline and/or reject enrollment or deny you access to the whole Website and/or part of the Website in our sole circumspection, power and rights.
You assume complete liability for keeping your watchword and also security data private and mystery without uncovering it to any other individual. Try not to utilize another client’s record without express composed authorization and endorsement from that client given for utilization.
You are exclusively in charge of any movement and/or exchange that are led using your record.
It is normal that you should inform us quickly and quickly in composing of any unapproved utilize or access of your record or whatever other security break of which you know and some other website related infringement or ruptures that you come to think about.
Software packages and Fee Details
The costs recorded or posted on our Website are the expenses that we charge for our Service that we give. The U.S. Department of State and the U.S. Citizenship and Immigration Services (some time ago INS) may charge extra preparing and in addition documenting expenses, as relevant. Please be informed that these charges are excluded in our costs in any way.
You should pay these expenses to the service independently at the time your application is getting submitted, according to the service mandates about their charges.
All the returns and/or refund will be computed according to the real price tag paid at the season of procurement or purchasing. The profits for acknowledgement and also debit card transactions are issued within two (2) business days, by it may take up to six (6) business days for the credit to post to your bank account or credit card account or any other relevant account.
Physically Shipped Products & Media
We will replace the product without any additional cost to you, after your intimation about the issue if you have mistakenly or incorrectly received a different product than what you have ordered, or if the product is defective or faulty upon receipt
We will refund the full and complete purchase price, if you cancel or revoke your submitted order before the product is shipped. We will not issue a refund, if you cancel your order after the product is shipped. You completely agree and understand about the Terms before you initiate any of your purchase with us.
Refunding Related to Software utilization & Completion Service
You must put forth your request within ninety (90) days of the date you paid us for the Service, in case if you are requesting for a refund for your purchase or buying of the Service over our Website.
We will not be able to issue a refund since your form will have been created and either delivered to you or, as requested by you, to the USCIS for processing the form after you click or hit the ‘Finish,’ ‘Print’ or ‘Submit’ button .
If you request a refund before you click or hit the ‘Finish,’ ‘Print’ or ‘Submit’ button, then we will refund the full and entire price that you have paid with us.
You cannot claim any refund for the downloadable products. Please note that all our download products that you successfully download from us (as per our ILFT records) are non-refundable.
We may provide special offers on our Website, via e-mail, phone or otherwise, at our own discretion. The Terms of the special offer is applicable, if there is a variation, difference or conflict between the terms of the special offer and these terms.
Contact Customer Service through telephone during regular and routine business hours at the telephone number given when you logged in to the Website, to put forth a request for an exchange or refund. To discuss about a refund request, you may also visit our Contact Us page and request that the Customer Service team could contact you over telephone. Please note that customers ineligible or unsuitable for a refund may be granted a partial refund, which is solely at our discretion.
Due to technical problems or any technical issues on your computer, including but not limited to: network issues, inability to install Adobe Acrobat Reader, printer issues, mouse and/or keyboard issues, Internet connectivity and/or any other computer issues, we are not accountable or liable for any refund amount or refund monies.
Please note that you have the right to cancel the transaction for any specific reason, and you can receive a full refund, within either four (4) business working days or ninety six (96) hours of committing or entering into the contract for such services, whichever is longer as applicable. In spite of anything to the contrary or difference herein, With regard to refund requests for Online Form Completion Services only, if you are a resident of the state of California, Illinois, Maryland, Michigan, Minnesota, New York or Washington.
Our Service Limitations
Due to the failure on your part to timely, accurately or properly file your application, or for any circumstances or scenarios outside our control, you understand and completely agree that ILFT is in no way responsible for any denial or rejection of your immigration application due to ineligibility for the immigration benefit which you are seeking.
Moreover, you completely agree and acknowledge that USCIS publishes updated forms as well as changes filing fees from time-to-time. Be sure to confirm as well as assure that USCIS still accepts the form that you have printed and also that the filing fee has not been changed due to any reason, if you delay submitting or filing your application to USCIS, you can do so whenever you prefer by logging into ILFT’s Application Support Center.
Please print your forms only on U.S. letter-sized paper (that is, 8.5 inches by 11 inches). This is the only paper size that USCIS currently accepts as approved size. If the USCIS does not follow its own guidelines as published on its website, we cannot be held responsible.
You completely agree and acknowledge that we may set limits on the use of the Service as well as reserve the right at any point in time to modify, update or change the availability of the Service (or any part thereof), including but not limited to the Website’s functionality, content, services or available hours, upon publishing notice of such changes and/or updates and/or modifications on our Website.
For any failure or delay or default in any performance or delivery of products and/or services due, without limitation, to acts of God, blockade, embargoes, riots, war, warlike situations, governmental restriction, labor disturbances, strikes, wrecks, epidemics, quarantine, flood, fire, earthquake, explosion, any unforeseen change in circumstances, or any other causes or issues beyond our reasonable control, we at ILFT cannot be held responsible.
You understand and completely agree to indemnify, as well as hold ILFT, its affiliates, officers, subsidiaries, affiliates, assigns, successors, directors, officers, agents, third party service providers, suppliers, attorneys as well as employees, harmless from any demand, requirement or claim including, but not limited to, reasonable attorneys’ fees, legal expenses as well as court costs, made by any third party due to or arising out of your usage of the Service and/or our Website, your violation of the Terms, or your breach of any of your agreements, acknowledgements, representations as well as warranties herein and you also understand and completely agree that you will be abiding by the Terms listed here.
In compliance of these limitations of liability as well as damages and the indemnity in these terms, and that these limitations are an indispensable basis upon which ILFT offers its website and provides its services, you completely agree and acknowledge that ILFT has fixed its prices and has given access to the website.
You understand and completely agree that the limitations of damages as well as liability and the indemnity in these terms are valid and apply even if found to have failed of their essential or core purpose in any manner.
Limitations of Damages & Liability
Except as given in the arbitration agreement furnished below, you understand and completely agree that ILFT’s legal liability, inclusive of the liability of its any shareholders, affiliates, directors, officers, employees or agents, for any claim made by you or your authorized person arising out of your utilizing of the website or purchase of the Service shall be limited to the amount or monies you paid to ILFT. Even if ILFT has been advised and/or intimated about the possibility or likelihood of such damages, at no point of time and/or under no circumstances will particular, consequential, special, incidental or punitive damages be awarded or provided.
It needs to be noted that some states do not allow or facilitate the limitation or exclusion of consequential or incidental damages, and hence this exclusion may not be applicable to you.
This Inityslawfirmtechnologies.com website is owned as well as operated by ILFT. ILFT or the appropriate third parties possess all rights, title as well as interest in and to all the materials offered on this website (excluding any Government documents as well as forms), including but not only limited to the Inityslawfirmtechnologies.com website look and feel (such as site layout, site design, color scheme and combinations, button and icon shapes as well sizes and all other graphical elements), documents, information details, graphic items, audio sounds, logos, mastheads, page headers as well as footers, buttons, icons, trademarks, service marks, trade dress and images (collectively, the ‘Materials’).
You are not supposed to copy, reproduce, republish, download, upload, list, post, display, show, transmit or distribute the Materials in any manner except as otherwise explicitly offered by ILFT.
Copyright © 2018, Initys Law Firm Technologies LLC. ALL RIGHTS RESERVED.
Third Party website Links
Please note that this Website might link to other third party websites that are independent and not dependent upon ILFT. These third party website links are offered only as a convenience. As to the accuracy, reliability, authenticity or completeness of the information contained in, or the services or products offered or sold by any such third party site, ILFT does not make any warranty or representation or commitment.
At your own risk and/or willingness, you may visit any such third party website. For any damage or loss or problems or issues of any sort that you may incur from dealing and/or interacting with such third party website(s), you understand and completely agree that the ILFT cannot be held responsible
Digital Millennium Copyright Act (DMCA)
The Digital Millennium Copyright Act, also known as DMCA, is a United States copyright law. If you deemed to be a copyright owner or an agent and have a reason to believe that any Material or items or content on our Website infringes or violates your copyright, You may submit or issue a notification under the Digital Millennium Copyright Act by giving the following information in writing (You can see 17 U.S.C 512(c)(3) for additional details):
- Recognition and identification of the content or material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or deleted or access to which is to be disabled and information fairly and reasonably sufficient and adequate to permit and allow the service provider to locate the content or material;
- On behalf of the owner of an exclusive right that is allegedly or purportedly infringed an electronic or physical signature of an individual authorized or approved to act;
- Recognition and identification of the copyrighted work or content or material claimed to have been infringed, or, if multiple, that is, many copyrighted works or content or materials at a single online website are covered or encompassed by a single notification, a representative list of such works or content or materials at that site;
- A statement that the information or the details in the notification is accurate, authentic and under penalty of perjury (false swearing), that you are authorized or approved to act on behalf of the owner of an exclusive right that is allegedly or purportedly infringed and violated.
- Information reasonably sufficient and enough to permit as well as allow the service provider to contact you, such as a telephone number, address, and, if available, an electronic mail (e-mail); and
- A statement that you have a good faith belief and strong understanding that usage of the material or content in the manner complained of is not authorized or approved by the copyright owner, its agent, or the law.
Our approved and designated agent to receive notifications of claimed infringement is available at: Initys Law Firm Technologies LLC, Attention: DMCA Notice.
Please note that only the DMCA notices should be sent to the agent in the above address; any other communications or mail or letter should not be sent to this address and should be directed to our customer service department through our Contact Us page in this website.
Association between You &ILFT – Choice of Law
Without regard to any conflicts of laws principles, the Terms and the relationship or association between you and ILFT shall be governed by the laws as well as regulations of the State of Ohio.
Polices and Rules Enforcement
We may enquire and/or investigate any reported violation or infringement of our policies or complaints and take any appropriate and necessary action that we deem appropriate and relevant. While we are not obligated or required to take any kind of action, please be informed that such action might include, but is not limited to, issuing warnings, suspension, removal or termination of your rights to utilize our entire Website.
You agree not to attempt or try to utilize our Website after said termination. For any termination of your access to our Website, you understand and completely agree that ILFT shall not be liable to you or any third party in any way.
Please note that we also reserve complete right to report any activity that we suspect violates any regulation or law to appropriate law enforcement officials or government authorities or any other third parties that we deem relevant.
We may prefer to cooperate and coordinate with any law enforcement request for information or documents, any court order or any administrative, civil or criminal subpoena, and we may disclose and/or share your information (including, without limitation, user profile information, that is name, phone number, e-mail address, and so on, IP addressing traffic information, and usage history with respect to a user in connection with such circumstances and any such scenarios, with the purpose of protecting our property, rights, personal safety, security and those rights, property as well as the personal safety and security of our users and viewers, and to ensure the integrity as well as operation of our business and systems.
You, hereby understand and agree that you are solely responsible for the content or any information or details that you submit on or through our Website, and any content or information or details that you transmit to or share with other users or third party advertisers on our Website.
Dispute Resolution by Binding Arbitration
You are required to read this carefully. It impacts your rights. It is hereby required that you go through this.
Through our Contact Us page, almost majority of your concerns or issues can be resolved swiftly as well as quickly to your satisfaction by contacting our Customer Service Center. In the unlikely or improbable event that our Customer Service could not be able to resolve your complaint or issue to your satisfaction, or in case if we have not been able to resolve a dispute with you after striving to do so informally, we each agree to resolve those disputes as well as issues through binding arbitration instead of in a court.
Arbitration is less formal, when considering and comparing to a lawsuit. Instead of a jury or judge, arbitration utilizes a neutral arbitrator. Arbitration facilitates fewer discoveries than courts, and is subject to considerably limited court review. We understand and also agree that any arbitration considered under these Terms will take place on an individual basis. Please note that representative, group, collective or class actions or arbitrations are not allowed or permitted.
If you prevail in arbitration, as explained and detailed below, ILFT is willing to pay you more than the amount of the arbitrator’s award and will pay your reasonable or fair, actual attorney’s fees if you are awarded an amount greater than what ILFT offered you to amicably settle the dispute or issue before arbitration.
Please note that you may speak with or get in touch with your own attorney or lawyer before utilizing this Website or purchasing any Service, but your usage of this Website as well as the purchase of any Service constitutes your agreement and acceptance to these Terms.
The Arbitration Agreement is given below:
- Before a single arbitrator, please note that ILFT and you agree to arbitrate all the arising disputes as well as claims between us. The kinds or types of claims as well as disputes we agree to arbitrate are intended to be broadly interpreted and construed, including but not limited to the:
- issues or claims that arose before these or any other prior Terms became effective;
- issues or claims arising out of or associated with any aspect of the relationship or association between us, whether based in contract, statute, tort, deceit, fraud, misrepresentation, advertising, or any other legal theory;
- issues or claims that are currently the subject of proposed or purported class action litigation in which you do not belong to be a member of a certified class; and
- issues or claims that may arise after the termination of these listed Terms.
For the consideration and purposes of this Arbitration Agreement stated here, references to ‘ILFT,’ ‘us’ as well as ‘you,’ include our respective agents, subsidiaries, affiliates, staffs, employees, employers, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Services under these Terms or any prior or earlier agreements and/or understanding between us.
Please note that this arbitration agreement does not preclude or prevent you bringing issues to the attention or to the notice of federal, state, or local agencies. Such agencies can, if the law permits and allows, seek relief against us on behalf of you. You understand and completely agree that, by entering into these Terms, you and ILFT are each waiving and relinquishing the right to a trial by jury or to participate in a group, representative, collective arbitration or class action.
You understand and acknowledge that usage of this Website and/or purchase of Service constitutes a transaction in inter-state commerce.
Please be informed that the Federal Arbitration Act (also known as ‘FAA’) governs the interpretation as well as enforcement of this Arbitration Agreement. Please also note that this Arbitration Agreement survives and considered valid even if these Terms are terminated.
- A party willing or seeking for arbitration under these Terms must first send, by the U.S. certified mail, a written Notice of Dispute (in short, ‘Notice’) to the other party. Please be informed that ILFT may send a written Notice to the electronic mail (e-mail) address that you have given. For this purpose, ILFT will utilize the e-mail address that you have provided when you created an account, if any. Please also note that the Notice of Dispute must (i) describe or detail the nature as well as basis of the dispute or claim and (ii) set forth the specific or particular relief sought (that is, ‘Demand’).
Please note that you or ILFT may commence or initiate an arbitration proceeding, if ILFT and you do not reach an agreement to amicably resolve the claim or issue within thirty (30) days after the Notice is received.
You shall not be disclosed or intimated to the arbitrator until after the arbitrator decides the amount, if any, to which you or ILFT is entitled for claim at the time of the arbitration, the amount of any settlement offer made by ILFT .
A form Notice can be downloaded or copied at: www.inityslawfirmtechnologies.com/disputenotice.pdf.
You may copy or download a form to initiate or begin arbitration from the American Arbitration Association (AAA) website at:www.adr.org/aaa/ShowPDF?doc=ADRSTG_015820.
(Please note that there is a separate form available for California residents, which is also available on the American Arbitration Association (AAA) website at: www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.
- Once ILFT receives or gets notice at the Notice Address that you have commenced arbitration, it will promptly and quickly reimburse you for your payment of the filing fee, unless your total claim amount is for more than $75,000. In case, if your total claim exceeds the value $75,000, If you are unable to pay this fee due to any reason and your total claim is for $75,000 or less, then ILFT will pay the filing fee directly after getting a written request at the Notice Address. Except as otherwise provided herein, ILFT will pay all AAA filing, service as well as arbitrator fees for any arbitration initiated in accordance with these Terms. If, still, the arbitrator notices or finds that either the substance of your claim or the relief sought in the Demand is frivolous or not serious or brought for an inappropriate and/or unlawful purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed as well as monitored by the AAA Rules. In such an event, you completely agree to reimburse the ILFT for all monies or amount previously disbursed by ILFT that are otherwise your obligation to pay as per the AAA Rules.
All arbitration proceeding will be governed and monitored by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (known as the ‘AAA Rules’) of the American Arbitration Association (AAA), as modified or changed by these Terms, and will be dealt with and administered by the AAA.
You can avail the AAA Rules online at www.adr.org or by calling the AAA phone number at 1-800-778-7879. Please note that the arbitrator is bound by these Terms. All issues or problems are for the arbitrator to decide and determine except that issues or problems associated with the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to take decision(s).
Please note that unless ILFT as well as you agree otherwise, any arbitration hearings will take place in the parish or county of the contact address that you have submitted to ILFT. In case if your total claim is for $10,000 or less, you may choose or prefer whether the arbitration will be conducted solely on the basis of documents submitted or provided to the arbitrator, by an in-person hearing or by a telephonic hearing governed by the AAA Rules. If you choose or prefer to precede either by telephone or in person, please be informed that we may choose to respond only by
written or telephone. In case, if your claim exceeds $10,000 value, the AAA Rules will determine whether you have any right to a telephone or in-person hearing. The parties involved understand and agree that in any arbitration under these Terms, neither party will rely as well as depend on any award or finding of fact or conclusion of law made in any other arbitration to which ILFT was a party. It need to be noticed that in all cases and scenarios, the arbitrator shall issue a reasoned, written decision that is sufficient enough to explain the findings of fact as well as conclusions of law on which the award is based upon.
- In case if the arbitrator finds and decides in your favor in any respect on the merits of your claim, and the arbitrator issues or delivers you an award that is greater than the value of ILFT’s last written settlement offer made before an arbitrator was chosen, then ILFT will pay you either the amount of the award or $2,000 (known as the ‘Alternative Payment’), whichever amount is greater, and additionally the actual
amount of reasonable attorney’s fees as well as expenses that you incurred in investigating, preparing, arranging and pursuing your claim in arbitration (that is, the ‘Attorney’s Payment’).
Please note that in case if we did not make you a written offer to amicably settle the dispute or issue before an arbitrator was selected, you will be entitled to get the Alternative Payment as well as the Attorney’s Payment, respectively, if the arbitrator awards you any relief based on the merits. The arbitrator may make rulings as well as resolve disputes as to the payment as well as reimbursement of expenses, fees, and the Alternative Payment and also the Attorney’s Payment at any point in time during the proceeding as well as upon request from either party made within the span of fourteen (14) days of the arbitrator’s ruling on the merits.
In assessing and evaluating whether an award that includes attorney’s fees or expenses is greater than the value of ILFT’s last written settlement offer, the arbitrator shall take into consideration only the actual attorney’s fees or expenses reasonably incurred before ILFT’s settlement offer.
- Please note that the right to attorney’s fees as well as expenses discussed in paragraph (D) adds with any right to attorney’s fees as well as expenses you may have under applicable law. In case if you will be entitled to more amount under applicable law, this provision does not preclude or prevent the arbitrator from awarding or giving you that amount.
Nevertheless, please be informed that you may not recover duplicate awards of attorney’s fees or any costs. Even though under some laws ILFT may have a right to an award of attorney’s fees as well as expenses from you if it prevails in arbitration, ILFT will not attempt for such an award.
- The arbitrator may award monetary as well as injunctive relief only in the favor of the individual party asking for relief and only to the extent deemed necessary to offer relief warranted by that party’s individual claim. You and the ILFT understand and agree that each may bring claims against the other only in your or ILFT’s individual capabilities and not as class members or plaintiffs in any proposed or purported representative, group or class action or arbitration, or in the capacity of a private attorney general.
Moreover, unless you as well as ILFT agree otherwise, the arbitrator may not make a decision to consolidate more than one person’s claims, and may not otherwise preside over any form or type of a representative, group or class proceeding. Please note that the arbitrator may award or provide any relief that a court could award that is individualized to the claimant and would not affect or impact other customers or clients.
Please also note that neither you nor ILFT may seek non-individualized relief that would affect or impact other customers or clients. In case if a court decides that applicable law precludes or prevents enforcement of any of this paragraph’s limitations as to a particular or specific claim for relief, then only that claim must be severed from the arbitration and may be brought in court. All other claims stay or remain subject to this Arbitration Agreement, as stated here.
- In case, if the total amount in dispute exceeds the value $75,000 or either party seeks any form of injunctive relief, either party may appeal the award or file an appeal against the award to a three-arbitrator panel administered and/or governed by AAA by a written notice of appeal within 30 days from the date of entry of the written arbitration award.
Please note that an award of injunctive relief could be stayed and could not be executed during any such appeal. The three-arbitrator panel’s members will be selected or chosen as per AAA rules. The three-arbitrator panel will issue or deliver its decision within a period of 120 days of the date of the appealing party’s notice of appeal. Please be informed that the decision of the three-arbitrator panel shall be
final as well as binding, subject to any right of judicial review that exists under the FAA.
- We understand and agree that if we make any material change or modification to this arbitration provision, other than a change or modification to any notice address, telephone number or website link, that change or modification will not be applicable to any disagreement or dispute of which we had written notice on the effective date of the change, Despite any provision in these Terms to the contrary.
Moreover, in case if we seek out termination of this arbitration provision, any such termination will not be considered effective until at least 30 days after written notice of such termination is given to you, and shall not be effective as to disputes which arose prior to the termination date.
If you want to contact ILFT with respect to a complaint about the Service, you may visit the Contact Us page in this website.
The Terms do not limit or confine any rights that ILFT may possess under copyright, trade secret, patent or other laws applicable. ILFT’s employees and/or staffs are not authorized or entitled to modify the Terms, or to make any further representations, commitments, or warranties binding on ILFT, except in writing signed by an authorized and
recognized ILFT official. In case if any provision and condition of these Terms is found to be invalid, you understand and completely agree that the other provisions and conditions of the Terms remain in full force and effect as well.
These Terms establish and constitute the entire agreement between you and ILFT. They govern your usage of the Website as well as the Service and replace as well as override any prior agreements between you and ILFT. Please note that ILFT’s failure to exercise or enforce any provision or right of the Terms shall not constitute or considered to be a waiver of such provision or right.
You also understand and completely agree that the Terms shall not be construed or interpreted against the drafting party, that is, ILFT .You understand and completely agree that irrespective of any law or statute to the contrary, you must file any claim associated with the usage of the Website, the Service or the Terms within one year after such claim arose or be barred and disqualified forever.
By utilizing the Website and/or the Services, please be informed that you represent, warrant as well as agree that, you have carefully and completely read as well as considered these Terms and fully understand its contents; Based upon your own judgment independently and without any correction or compulsion or retaliation associated fear; and you have had a chance to consult and confer with independent legal counsel with regard to these Terms listed, you are agreeing and consenting to these Terms of your own free will.
No arbitrator or court may consolidate more than one person’s claims or otherwise command or control any form of a representative or class action based on any claim you may put forward against, unless both you as well as ILFT agree otherwise.
ILFT will, in addition to all other available remedies to us, be allowed and entitled to the equitable remedies of a temporary restraining order, preliminary and/or permanent injunction as well, in case if you breach or violate any of these Terms.
Our customer service agents or representatives may be able to help and provide support, if you face a technical problem in accessing and/or printing your completed application, or some other trouble or problem or issue. If you inform a customer service agent or representative to remotely control your computer so as to try to resolve your problem or issue, you acknowledge as well as accept that ILFT is not liable for any technical trouble or issues that may remain or arise with your computer after doing so.
You are particularly authorizing and/or enabling them to log in to your account to generate your application as well as view your application data, if you inform ILFT to send your completed application to you.