Date of Last Revision: January 16, 2019
Welcome to EB5.Attorney and Visa Advisors
EB5.Attorney and Visa Advisor's products and services are provided by EB5 Investor Portal, LLC (collectively “the Company”) These terms and conditions of use ("Terms") govern your use of the EB.Attorney website (www.eb5.attorney) and services (collectively, the "Services"), so please read them carefully.
By accessing this website or using the Services, you are agreeing to the Terms and the Company’s Privacy Policy. If you have any questions, please contact us.
1. About Us
EB5.Attorney and Visa Advisors is not a law firm. We do not provide legal services or legal advice. You should always consult with a licensed immigration lawyer to answer your immigration questions. Any information on the website is not a substitute for that legal advice.
EB.Attorney is a resource for consumers to identify and gather information regarding lawyers who specialize in the EB5 and E2 visas. EB.Attorney is a platform where lawyers and prospective clients can connect.
2. The EB.Attorney Lawyers
The information about each lawyer has been submitted by that lawyer or firm and has not been independently verified by the Company. A lawyer’s presence on the site is not an endorsement of any particular lawyer, and is not a guarantee of a lawyer's quality, competency, or character. Their listing is intended to be a starting point to gather information about lawyers who may be suitable for your legal needs - but you should not rely solely on the Company in deciding whether to contact or hire any given lawyer.
3. No formation of an attorney-client relationship
The information found on EB.Attorney is intended for general informational purposes only. The Information is not the provision of legal services and accessing such information does not create an attorney-client relationship between you and any lawyer. It is not a substitute for an in-person or telephonic consultation with a lawyer licensed to practice in your jurisdiction about your specific legal issue.
4. Legal services for consumers
You are responsible for paying the lawyer for the services provided. The fees you pay for such services will be pursuant to a written fee agreement in accordance with the laws of the state where the lawyer is licensed to practice. EB.Attorney has no liability, either primarily or secondarily, for paying the lawyer. Any attorney-client relationship formed as a result of such discussions is between you and the lawyer you speak with—not between you and EB.Attorney. Furthermore, you understand that EB.Attorney cannot be held responsible for the quality or accuracy of any information or legal services provided by lawyers you connect with via EB.Attorney.
5. Legal advertising and communications
It is solely the responsibility of lawyers and law firms to ensure that any information or advertisements posted on the EB.Attorney website (including without limitation any Legal Information), and any communications they may have with prospective clients through the Services, fully complies with all applicable laws and rules of professional conduct, including those concerning the unauthorized practice of law and those regulating the form, manner or content of communications with clients, advertising, or other matters.
6. Use of Our Services
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. Except in the context of browsing or accessing our Services in accordance with these Terms, you may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services. If you are using the Services on behalf of any entity, then you are agreeing to the Terms on behalf of that entity.
7. Copyright If you believe that any material on the Site infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with EB.Attorney's Designated Copyright Agent:
EB.Attorney
c/o Copyright Agent
P. O. Box 10278, Marina del Rey, CA 90295
Telephone: 844.754.9225
email: info@EB.Attorney.com
8. Disclaimers and acknowledgements regarding use of legal information
While EB.Attorney strives to provide—and to allow lawyers to provide—useful information regarding lawyers and legal services, there are some things that we cannot guarantee. You acknowledge that such information consists of third-party data and contributions, that there are certain inherent limitations to the accuracy or currency of such information, that legal and other information may be incomplete, may contain inaccuracies, or may be based on opinion. EB. ATTORNEY DOES NOT SCREEN SUCH INFORMATION FOR ACCURACY OR RELIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, EB.ATTORNEY AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." EB.ATTORNEY ALSO DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
9. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EB.ATTORNEY OR ANY OF ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) THE OUTCOME OF ANY LEGAL MATTER; (B) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY RELATING TO THE SERVICES OR SOFTWARE; OR (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF LEGAL INFORMATION.
10. Indemnification
You agree to defend, indemnify and hold harmless the Company, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Services or your use of or inability to use the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the User Content, your conduct, your violation of these Terms or your violation of the rights of any third party.
11. Modifications
The Company may revise these Terms from time to time, on a prospective basis, and we will always post the most up-to-date version on our website. If we determine, in our sole discretion, that a modification to these Terms materially affects your rights, we will notify you (by, for example, sending a message to your account email). By using or continuing to use or access the Services after any revisions have come into effect, you agree to be bound by the revised Terms.
12. Mandatory Arbitration and Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.
We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. You may send us the details of your concern to info@EB.Attorney.com. However, if EB.Attorney is not able to informally resolve your complaint, you and EB.Attorney agree to individual binding arbitration under JAMS Alternative Dispute resolution (“JAMS”) and not to sue in court in front of a judge or jury. The arbitration will be conducted under the JAMS Commercial Arbitration Rules and the arbitrator’s decision will be final.
Before moving an unresolved informal dispute into arbitration, you must first send us a Notice of Dispute describing the nature and basis of the claim or dispute and the specific relief sought. This notice may be sent via email or U.S. mail to: info@eb5.attorney or EB.Attorney, Inc., Attention General Counsel, P. O. Box 10278, Marina del Rey, CA 90295.
Any arbitration must be commenced by filing a demand for arbitration with JAMS within ONE (1) YEAR from when it first could be filed. Otherwise, it is permanently barred. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
Whenever feasible, the arbitration will be held telephonically unless the arbitrator finds good cause to hold an in-person hearing instead in which case the hearing will take place in Santa Monica, California.
Judgment upon any award may be entered in any court holding jurisdiction.
Notwithstanding our agreement to arbitrate disputes as provided above, the following EXCEPTIONS will apply to the resolution of disputes between us:
Small Claims Court. If the claim qualifies, either you or the Company may bring an action in small claims court in Santa Monica, California. Any small claims court action must be filed within one year from when it first could be filed. Otherwise, the claim is permanently barred.
Injunctive relief. The Company may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Services, or any intellectual property infringement. In these instances, it may seek injunctive relief without first engaging in the informal dispute resolution or arbitration process, as described above in these Terms of Use.
Disputes not Covered by Arbitration. In the event that arbitration is found to be inapplicable or unenforceable for any reason, or if you exercise the option to opt-out of arbitration as provided below, the claim at issue will be brought under judicial proceedings in federal or state courts in Los Angeles, California and you and EB.Attorney consent to personal jurisdiction and exclusive venue in such courts.
NO CLASS ACTIONS: You may only bring individual claims. Under no circumstances are you allowed to bring a claim as a plaintiff or a class member in a class. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceedings where someone acts in a representative capacity are not allowed. Any combining of individual proceedings must have the consent of all parties.
13. Applicable law
The laws of the State of California, excluding its conflict of law provisions, will apply to any disputes arising out of or relating to these Terms or the Services.
14. Termination
Notwithstanding any of these Terms, the Company reserves the right, without notice and in its sole discretion, to terminate your license to use the Services, and to block or prevent your access to and use of the Services. EB.Attorney reserves the right to refuse service to anyone for any reason at any time. In the event of termination of access to the Services for any reason, you have no right to obtain a copy of any data or communications you stored or effected via the Services, or any other data.
15. Entire agreement
These Terms constitute the entire agreement between you and the Company with respect to the subject matter of these Terms, and supersede and replace any prior version of the Terms. These Terms create no third party beneficiary rights.
16. Waiver, severability, and assignment
The Company's failure to enforce a provision of these Terms is not a waiver of its right to do so later. If any provision of these Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable Term or Terms will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any attempt to do so will be void. The Company may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
17. Questions and contact information
If you have any question regarding the use of the Site, please refer first to the FAQ. All other questions or comments about the Site or its contents should be directed to Customer Care or call us at 844.754.9225.