Terms

Last updated: April 18, 2016
Agreement between user and Borderwise

The Borderwise website (the "Site") is comprised of various web pages operated by Borderwise, Inc. ("Borderwise"). Borderwise is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of Borderwise constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Electronic communications

Visiting Borderwise or sending emails to Borderwise constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your account

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Borderwise is not responsible for third party access to your account that results from theft or misappropriation of your account. Borderwise and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Borderwise does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Borderwise only with permission of a parent or guardian.

Links to third party sites/Third party services

Borderwise may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Borderwise and Borderwise is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Borderwise is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Borderwise of the site or any association with its operators.

Certain services made available via Borderwise are delivered by third party sites and organizations. By using any product, service or functionality originating from the Borderwise domain, you hereby acknowledge and consent that Borderwise may share such information and data with any third party with whom Borderwise has a contractual relationship to provide the requested product, service or functionality on behalf of Borderwise users and customers.

Borderwise does not provide legal advice

Neither the Services, nor anything provided by Borderwise, is a substitute for the advice of a competent attorney. The Services may include access to certain information pertaining to immigration law (“Immigration Information”), including legal forms, checklists, blog articles, forum postings and other documents. Immigration Information, if provided within the Services, is not legal advice and may not be relied upon as legal advice. Borderwise cannot guarantee that all the information, forms or documents provided via the Services are current or correct.

The Services may provide you with the opportunity to enter into an agreement with an independent third party attorney or law firm (“Lawyer”) for the delivery of legal services and advice by such Lawyer directly to you (collectively "Legal Services"). However, the Services do not include, nor does Borderwise in any way provide, Legal Services. All Legal Services are provided to you via a direct and separate relationship between you and a Lawyer. Each Lawyer is solely responsible for all Legal Services provided to you. Your use of the Services does not create nor constitute an attorney-client relationship between you and Borderwise, any Borderwise employee or founder, or any Lawyer.

Your use of the Services is intended for general informational purposes only and you should not rely upon such information as a substitute for Legal Services, provided by a Lawyer licensed to practice in your jurisdiction, taking into account your specific circumstances and legal obligations and requirements.

Lawyers may require that you execute an attorney engagement agreement or a paid retainer prior to the delivery of any Legal Services. All fee arrangements between yourself and a Lawyer must be negotiated directly between you and such Lawyer.

Lawyers may establish profiles on Borderwise. These profiles are advertisements. It is your responsibility to conduct your own investigation of a Lawyer advertised on Borderwise. Borderwise does not verify or warrant the accuracy of information included on the profiles of Lawyers. Borderwise disclaims any responsibility for the information on the profiles of Lawyers, as well as any information on websites linked from such profiles.

Borderwise expressly disclaims any representation, guarantee or warranty of any kind with regard to the quality or outcome of the Legal Services to be performed by any Lawyer. Borderwise is not a lawyer referral service nor prepaid legal services plan. Borderwise makes no endorsement of any Lawyer which may be listed on Borderwise website, nor is the inclusion in such listing meant to imply that engaging with any such Lawyer is otherwise appropriate. You must carefully consider a Lawyer’s knowledge and experience prior to any engagement for Legal Services.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use Borderwise strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Borderwise that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of Borderwise, or the services that it provides (the “Service”), such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Borderwise or its suppliers and protected intellectual property law. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Borderwise content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Borderwise and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Borderwise or our licensors except as expressly authorized by these Terms.

Use of communication services

You agree to use the Borderwise’s online forum “Borderwise Answers” only to post, send and receive messages and material that are proper and related to Borderwise Answers.

By way of example, and not as a limitation, you agree that when using Borderwise Answers, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; advertise or offer to sell or buy any goods or services for any business purpose other than to provide immigration law services; conduct or forward surveys, contests, pyramid schemes or chain letters; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Borderwise has no obligation to monitor Borderwise Answers. However, Borderwise reserves the right to review materials posted to Borderwise Answers and to remove any materials in its sole discretion. Borderwise reserves the right to terminate your access to Borderwise Answers at any time without notice for any reason whatsoever.

Borderwise 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, in Borderwise's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in Borderwise Answers. Borderwise does not control or endorse the content, messages or information found in Borderwise Answers and, therefore, Borderwise specifically disclaims any liability with regard to Borderwise Answers and any actions resulting from your participation in Borderwise Answers. Lawyers that provide advice on Borderwise Answers are not authorized Borderwise spokespersons, and their views do not necessarily reflect those of Borderwise.

Materials uploaded to Borderwise Answers may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials provided to Borderwise or posted on any Borderwise web page

Borderwise does not claim ownership of the materials you provide to Borderwise (including feedback and suggestions) or post, upload, input or submit to any Borderwise Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Borderwise, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

Borderwise is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Borderwise's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, input or submit the Submissions.

Borderwise Answers is a forum for individuals to get answers to basic immigration questions from immigration attorneys as well as any other users who wish to contribute to the forum. Any information sent through Borderwise Answers is not secure and is done so on a non-confidential basis only. Borderwise does not verify whether or not users are qualified to answer immigration questions and cannot guarantee that users claiming to be attorneys are in fact attorneys. Using Borderwise Answers to ask questions or receive answers does not create an attorney–client relationship between you and Borderwise, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Borderwise Answers without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Borderwise assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information. Borderwise cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.

Third party accounts

You may be able to connect your Borderwise account to third party accounts, such as LinkedIn. By connecting your Borderwise account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International users

The Service is controlled, operated and administered by Borderwise from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Borderwise content accessed through Borderwise in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Borderwise, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Borderwise reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Borderwise in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class action waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BORDERWISE, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

BORDERWISE, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BORDERWISE, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BORDERWISE, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BORDERWISE, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

Borderwise reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Pennsylvania and you hereby consent to the exclusive jurisdiction and venue of courts in Pennsylvania in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, attorney-client or agency relationship exists between you and Borderwise as a result of this agreement or use of the Site. Borderwise's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Borderwise's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Borderwise with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Borderwise with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Borderwise with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to terms

Borderwise reserves the right, in its sole discretion, to change the Terms under which Borderwise is offered. The most current version of the Terms will supersede all previous versions. Borderwise encourages you to periodically review the Terms to stay informed of our updates.

Contact us

Borderwise welcomes your questions or comments regarding the Terms at team@borderwise.co.

Effective as of April 18, 2016