TERMS OF USE AGREEMENT

1. Scope of Agreement

   This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and Immigrant Nation, Inc. and governs your use of the website located at www.usapath.com (including any and all subdomains) (the “Site”) its affiliated companies (collectively, “Company” or “we” or “us” or “our”), concerning your access to and use of the http://www.usapath.com website as well as any other media form, media channel, mobile website or mobile application related or connected thereto (collectively, the “Website”). This Agreement also covers any and all services provided by the Site and/or Company.

   Your use of the Site and Services is also subject to the terms of Immigrant Nation’s Privacy Policy and associated Disclaimers. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not permitted to register for the Website or use the Company Services.

   YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE WEBSITE.

2. Description of Services

   Immigrant Nation via its website www.usapath.com provides a platform designed to assist you by providing comprehensive step-by-step guidance in completing certain forms and applications required by U.S. government agencies for immigrant visas, non-immigrant visas, and citizenship.

   The Company’s services aim to facilitate the user’s understanding of the requirements and procedures involved in the immigration process and to provide accurate and up-to-date information to assist users in completing the necessary documentation.

   The Company makes reasonable efforts to ensure the accuracy and reliability of the information provided on the Website but does not guarantee the completeness, accuracy, or timeliness of such information. The availability of the Company’s services may be subject to limitations, including but not limited to technical issues, maintenance, and updates. The Company reserves the right to modify, suspend, or discontinue any or all of its services at any time without prior notice.

3. No Affiliation with Any Governmental Agency

   The Company hereby expressly clarifies and confirms that it is not affiliated with any governmental agency of the United States, including but not limited to U.S. Citizenship and Immigration Services (USCIS), U.S. Department of State, Department of Homeland Security or any other federal or state agency involved in the immigration process. The services provided by the Company are solely intended to assist users in completing immigration forms and applications accurately and efficiently. The Company does not have the authority to make decisions on behalf of any governmental agency, including the approval or denial of any immigration application. Users acknowledge and understand that any decisions regarding their immigration status are solely within the purview of the respective governmental agencies, and the Company shall not be held liable for any such decisions or outcomes.

4. Site Not Required to Complete Forms

   The user acknowledges and agrees that the use of the Site is not mandatory or required in order to complete any immigration forms or applications. The Company provides a platform and services to assist users in completing such forms and applications, but users have the option to complete them without utilizing the Site. The Company does not assume any liability for the user’s decision to complete forms or applications without using the Site.

   The Company acknowledges and confirms that the forms necessary for completing immigration applications and other related documents are available for free from the respective governmental agencies.

5. Fees and Forms Subject to Change

   The user acknowledges and agrees that the fees and forms associated with immigration applications are subject to change by the respective governmental agencies. The Company does not have control over these changes and therefore cannot guarantee the accuracy or timeliness of the fees and forms provided on the Website. While Immigrant Nation shall make all efforts necessary to ensure the accuracy of the forms and fees, the users are ultimately solely responsible for staying updated with the latest fees and forms as required by the governmental agencies. The Company shall not be held liable for any discrepancies or consequences arising from changes in fees or forms.

6. Accuracy & Completeness of Information

   The Company makes reasonable efforts to ensure the accuracy and reliability of the information provided on the Website, but does not guarantee the completeness, accuracy, or timeliness of such information. By using the Company’s services, you acknowledge and agree that the ultimate responsibility for the accuracy and completeness of the forms and applications submitted rests with you, the user. The Company does not assume any liability for any errors, omissions, or consequences arising from the use of its services.

7. Immigrant Nation is not a Law Firm

   Immigrant Nation, Inc. (“Company”) hereby expressly clarifies and confirms that it is not a law firm. The services provided by the Company are solely intended to assist users in completing immigration forms and applications accurately and efficiently. The Company does not provide legal advice or representation, and the services offered should not be construed as legal advice or a substitute for professional legal counsel.

   THIS SERVICE IS BEING PROVIDED BY AN ENTITY THAT IS NOT A TRADITIONAL LEGAL PROVIDER. THIS ENTITY IS OWNED/MANAGED (FULLY OR PARTIALLY) BY NONLAWYERS WHO ARE NOT SUBJECT TO THE SAME RULES AS LAWYERS. THIS MEANS THAT SOME PROTECTIONS, LIKE ATTORNEY-CLIENT PRIVILEGE MAY BE DIFFERENT FROM THOSE YOU WOULD HAVE WITH A LAW FIRM

   Users acknowledge and understand that any decisions regarding their immigration status are solely within the purview of the respective governmental agencies, and the Company shall not be held liable for any such decisions or outcomes.

8. Account

   Account Creation: To access certain features of the Website and utilize the Company’s services, you may be required to create an account. By creating an account, you agree to provide accurate and complete information and to keep your account login credentials confidential. You are solely responsible for any activity that occurs under your account.

   User Information: You acknowledge and agree that the Company may collect and use certain information about you as described in the Privacy Policy. The Company may also disclose such information to third parties in accordance with the Privacy Policy.

   Security: You are responsible for maintaining the security and confidentiality of your account login credentials. You agree not to share your login information with any third party or allow any unauthorized access to your account. The Company shall not be held liable for any unauthorized access to your account.

9. Use of Services

   Limited License: Subject to your compliance with this Agreement, the Company grants you a limited, non-exclusive, non-transferable license to access and use the Website and its services for your personal or internal business purposes only. This license does not permit you to: (a) modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Website or its services; (b) sublicense, lease, lend, sell, rent, or otherwise transfer any rights to the Website or its services; (c) use the Website or its services for the benefit of any third party; (d) use any data mining, robots, or similar data gathering or extraction methods; (e) interfere with or disrupt the integrity or performance of the Website or its services; or (f) attempt to gain unauthorized access to the Website or its services.

   User Obligations: When using the Website and its services, you agree to comply with all applicable laws, regulations, and third-party rights. You are solely responsible for any content you submit, post, or display on the Website, and you represent and warrant that such content does not violate any applicable laws or infringe any third-party rights.

   Prohibited Activities: You are prohibited from engaging in any of the following activities: (a) using the Website or its services for any unlawful purpose or in violation of this Agreement; (b) impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with any person or entity; (c) interfering with or disrupting the operation of the Website or its services; (d) accessing or using the Website or its services in a manner that could damage, disable, overburden, or impair any server, network, computer system, or other property of the Company or any third party; (e) circumventing or attempting to circumvent any security measures or authentication systems used by the Website or its services; (f) using any automated system, including but not limited to bots, spiders, or scrapers, to access or interact with the Website or its services; (g) collecting or harvesting any personally identifiable information from the Website or its services; (h) transmitting or distributing any viruses, worms, malware, or other destructive or harmful code; (i) engaging in any activity that infringes or violates the intellectual property rights or other rights of any person or entity; or (j) assisting or encouraging any third party to engage in any of the foregoing activities.

   License Grant by User: By submitting, posting, or uploading any content on the Website, you hereby grant Immigrant Nation, Inc. and its affiliates a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the services provided by the Company. This license includes the right to modify, adapt, translate, and create derivative works of the content, and to sublicense such rights to third parties. You represent and warrant that you have the necessary rights to grant this license and that the content you submit, post, or display does not infringe any third-party rights or violate any applicable laws.

10. Ownership of Intellectual Property

    Intellectual Property Rights: The Company acknowledges and agrees that all intellectual property rights, including but not limited to copyrights, trademarks, patents, trade secrets, and any other proprietary rights, in and to the Website, its services, and any content provided therein, are the exclusive property of Immigrant Nation, Inc. or its licensors. The Company does not grant you any ownership rights or licenses in relation to the intellectual property rights.

    License Grant: Subject to your compliance with this Agreement, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the intellectual property rights solely for the purpose of using the Website and its services in accordance with this Agreement. This license does not permit you to use the intellectual property rights for any commercial or unauthorized purposes.

    Restrictions: You shall not, directly or indirectly, do any of the following:

    • Copy, reproduce, modify, create derivative works from, distribute, or publicly display any part of the intellectual property rights without the prior written consent of the Company;
    • Remove, alter, or obscure any copyright, trademark, or other proprietary notices from the intellectual property rights;
    • Use the intellectual property rights in any way that is unlawful, infringing, or harmful to the Company or any third party;
    • Reverse engineer, decompile, or disassemble any software or code used in connection with the intellectual property rights;
    • Use any automated means, including but not limited to bots, spiders, or scrapers, to access or interact with the intellectual property rights;
    • Sell, sublicense, lease, or transfer any rights in the intellectual property rights to any third party;
    • Use the intellectual property rights in a manner that competes with or undermines the Company’s business or reputation.

    Enforcement: You acknowledge and agree that the Company may take any legal action necessary to protect its intellectual property rights, including seeking injunctive relief and monetary damages. In the event of any unauthorized use or infringement of the intellectual property rights, you shall promptly notify the Company.

11. Copyright Infringement

    Notification of Infringement: If you believe that any content on the Website infringes upon your copyright, you may submit a written notification to the Company in accordance with the Digital Millennium Copyright Act (“DMCA”). The notification must include the following information:

    • A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
    • Identification of the copyrighted work claimed to have been infringed;
    • Identification of the infringing material and its location on the Website;
    • Sufficient information to enable the Company to contact you, such as your name, address, telephone number, and email address;
    • A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
    • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

    Counter-Notice: If you believe that your content was removed or access to it was disabled as a result of a mistake or misidentification, you may submit a counter-notice to the Company in accordance with the DMCA. The counter-notice must include the following information:

    • Your physical or electronic signature;
    • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
    • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
    • Your name, address, telephone number, and email address;
    • A statement that you consent to the jurisdiction of the federal court located within the judicial district in which your address is located or, if your address is outside the United States, any judicial district in which the Company may be found, and that you will accept service of process from the person who provided the original notification of infringement or an agent of such person.

    Upon receipt of a valid counter-notice, the Company may restore the removed content or cease disabling access to it, unless the copyright owner files an action seeking a court order to restrain the alleged infringer from engaging in the infringing activity.

12. Disclaimer of Warranty

    The Company provides the Website and its services on an “as is” and “as available” basis. To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company does not warrant that the Website or its services will be uninterrupted, error-free, secure, or free from viruses or other harmful components. The use of the Website and its services is at your own risk. The Company does not warrant the accuracy, completeness, or timeliness of any information on the Website. Any reliance on the information provided is solely at your own risk. The Company disclaims any warranties or representations regarding the results obtained from the use of the Website or its services.

13. Limitation of Liability

    To the fullest extent permitted by law, the Company shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with the use or inability to use the Website or its services, even if the Company has been advised of the possibility of such damages. In no event shall the Company’s total liability to you exceed the amount paid by you, if any, for accessing or using the Website or its services.

14. Indemnification

    Indemnification: You agree to indemnify, defend, and hold harmless Immigrant Nation, Inc., its affiliates, and their respective directors, officers, employees, and agents (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or in connection with your use of the Website or its services, your violation of this Agreement, or your violation of any rights of any third party. You further agree to cooperate fully in the defense of any such claims and to not settle any such claims without the prior written consent of the Indemnified Parties. The Indemnified Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

15. Termination

    Either party may terminate this Agreement at any time by providing written notice to the other party. User may terminate this Agreement at any time by providing written notice to Immigrant Nation Inc. via email to Legal@usapath. Upon termination, all rights and licenses granted under this Agreement shall immediately cease, and the user must immediately cease all use of the Website and its services. The termination of this Agreement shall not relieve the user of any obligations or liabilities incurred prior to termination. The provisions of this Agreement that by their nature are intended to survive termination, including but not limited to the sections on Disclaimer of Warranty, Limitation of Liability, and Indemnification, shall continue to apply even after termination.

16. Service fees

    The user acknowledges and agrees to pay the fees associated with the Company’s services as outlined on the Website. The fees may vary depending on the specific services requested by the user. The user agrees to provide accurate and complete payment information and authorizes the Company to charge the applicable fees to the provided payment method. The fees are non-refundable, unless otherwise specified by the Company. The Company reserves the right to modify the fees at any time, with prior notice to the user. Failure to pay the fees may result in suspension or termination of the user’s access to the Website and its services.

17. Arbitration Agreement:

    Any dispute, controversy, or claim arising out of or in connection with this Agreement, including its interpretation, performance, breach, termination, or validity, shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (“AAA”). The arbitration shall be conducted in Seattle, Washington, and shall be presided over by a single arbitrator appointed by the AAA. The arbitration proceedings shall be conducted in the English language.

    When selecting an arbitrator from neutrals who have the background and qualifications for the particular dispute, the parties agree to consider the appointment of diverse candidates. The place of arbitration shall be King County, WA. The arbitration shall be governed by the laws of the State of Washington. Each party will, upon written request of the other party, promptly provide the other with copies of all relevant documents. There shall be no other discovery allowed. In making determinations regarding the scope of exchange of electronic information, the arbitrator(s) and the parties agree to be guided by The Sedona Principles, Third Edition: Best Practices, Recommendations & Principles for Addressing Electronic Document Production. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. The arbitrators may determine how the costs and expenses of the arbitration shall be allocated between the parties, but they shall not award attorneys’ fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided above.

    The decision and award rendered by the arbitrator shall be final and binding on all parties. The arbitrator shall have the authority to grant injunctive relief and specific performance to enforce the terms of this Agreement. The prevailing party in any arbitration proceeding shall be entitled to recover its reasonable attorneys’ fees and costs incurred in connection with the arbitration.

    The parties hereby waive any right to bring or participate in a class, collective, or representative action in arbitration or in court. The parties agree that any claim, controversy, or dispute between them shall be brought solely on an individual basis, and shall not be consolidated or joined with claims of any other party.

    This arbitration agreement is governed by the Federal Arbitration Act, and any arbitration conducted pursuant to this agreement shall be subject to the AAA’s Consumer Arbitration Rules.

    By entering into this Agreement, the parties acknowledge that they have read and understood this arbitration agreement and voluntarily agree to resolve any disputes through arbitration.

18. Survival

    The provisions of this Disclaimer of Warranty, Limitation of Liability, and Indemnification sections shall survive any termination or expiration of this Agreement.

19. Governing Law and Jurisdiction

    This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of laws principles. Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located within the State of Washington , and you consent to the personal jurisdiction of such courts.

20. Severability

    If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remaining provisions shall in no way be affected or impaired.

21. Consent to Electronic Communication

    By entering into this Agreement, you expressly consent to receive communications from Immigrant Nation, Inc. electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further acknowledge that electronic communication may not be secure and may be subject to interception or loss. Immigrant Nation, Inc. shall not be liable for any damages resulting from the interception or loss of electronic communications. You may withdraw your consent to electronic communication at any time by providing written notice to Immigrant Nation, Inc. However, in such event, your access to and use of the Website and its services may be terminated.

22. Waiver

    The failure of either party to exercise any right provided for in this Agreement shall not be deemed a waiver of any further rights under this Agreement. Any waiver of a breach of any provision of this Agreement shall not be deemed a waiver of any subsequent breach or of any other provision.

23. Assignment

    This Agreement and the rights and obligations hereunder may not be assigned, transferred, or delegated by either party without the prior written consent of the other party, except that Immigrant Nation, Inc. may assign this Agreement and its rights and obligations hereunder to any successor or affiliate without the need for such consent. Any attempted assignment, transfer, or delegation in violation of this provision shall be null and void. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

24. Modification of Agreement

    The parties acknowledge and agree that Immigrant Nation, Inc. may modify this Agreement at any time without prior notice. Any modifications to this Agreement will be effective immediately upon posting on the Website. By continuing to use the Website and its services after any modifications have been made, you are indicating your acceptance of the modified Agreement. It is your responsibility to review this Agreement periodically for any changes. If you do not agree with the modified Agreement, you must cease using the Website and its services.

25. Entire Agreement

    This Agreement, together with the Terms of Use, Privacy Policy, and any other documents referenced herein, constitutes the entire agreement between you and the Company with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, or representations, whether oral or written. No waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such provision or any other provision.