TERMS OF SERVICE

 

Effective Date: 10/04/2021

These Terms of Use (“Terms”) govern your use of the VisaHelper.com (the “website” or “Site”) and any other website or online service that Visa Helper, LLC (“We,” “Us,” or “Our”) operates (collectively, the “Services”).

Please review these Terms carefully before using the Services. We may change these Terms or modify any features of the Services at any time.  The most current version of the Terms can be viewed by clicking on the “Terms of Use” link posted at VisaHelper.com.  You accept the Terms by using the Services, and you accept any changes to the Terms by continuing to use the Services after We post the changes. Supplemental terms and conditions or documents that may be posted on the website from time to time are hereby expressly incorporated herein by reference.

 

I. Privacy

By using the Services, you consent to Our processing your information consistent with Our Privacy Policy posted at visahelper.com/privacy-policy

 

II. Important Information about Your Use of the Services

 

THE SERVICES, MATERIALS, AND ANALYSES PROVIDED BY US ARE NOT LEGAL ADVICE AND FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED ON AS LEGAL ADVICE OR YOUR ONLY SOURCE OF INFORMATION. YOU SHOULD CONTACT YOUR ATTORNEY TO OBTAIN ADVICE WITH RESPECT TO ANY PARTICULAR ISSUE OR PROBLEM. USE OF AND ACCESS TO THE WEBSITE DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP.

THE OPINIONS AND ANALYSES EXPRESSED ON THE WEBSITE ARE IMPERFECT AND SOLELY FOR INFORMATIONAL PURPOSES ONLY. ALTHOUGH THE DATA ANALYSIS PROVIDED ON THE WEBSITE HAS BEEN PRODUCED AND PROCESSED FROM SOURCES BELIEVED TO BE RELIABLE, WE MAKE NONE AND YOU SHOULD NOT RELY ON ANY WARRANTY, EXPRESSED OR IMPLIED, IS MADE REGARDING THE ACCURACY, ADEQUACY, COMPLETENESS, LEGALITY, RELIABILITY, OR USEFULNESS OF ANY INFORMATION CONTAINED HEREIN.

UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU OF ANY KIND AS A RESULT OF THE USE OF THE SITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE. YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE IS SOLELY AT YOUR OWN RISK.

We do not provide any legal or other experts through the Services (collectively, “Providers”).  All of the Providers are independent of Us and merely using the Services to market their offerings It is solely your responsibility to evaluate Providers and choose which, if any, fits your needs.  Any information or advice received from a Provider comes from the Provider alone, and not from Us.

Neither Us nor any of Our licensors or suppliers or any third parties who promote the Providers or provide you with a link to the Providers shall be liable for any professional advice you obtain from a Provider. You acknowledge your reliance on any Providers or information provided by the Services is solely at your own risk and you assume full responsibility for all risk associated therewith. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, LEGAL ADVICE. Visa Helper is NOT affiliated with any Government in the world, European Union, the EU Council, or any other government agency or embassies worldwide.

We do not make any representations or warranties, and you should not rely on any, about the training or skill of any Providers. You are ultimately responsible for evaluating the qualifications of and choosing your particular Provider.

Please note that we may or may not receive referral fees from any firm which we list on the website. Such fees are general/standardized fees that are charged to the firm’s independently, for our marketing services, and are not related in any way to the services such firms will provide to you. In addition, you acknowledge and agree that we are not liable or responsible for the services provided to you by any firm you see listed on this website and that you choose to work with such firms at your sole discretion and risk.

III. Account Enrollment

To access the Services, you must first establish an individual user account (“Account”) by providing certain information.  You agree that you will not create more than one Account, or create an Account for anyone other than yourself. You agree that you will let anyone else use your account or use your account on behalf of anyone else. You agree to provide true, accurate, current, and complete information on the Account enrollment form and to keep this information current and updated as needed.

You represent and warrant that you are at least 18 years of age and possess the legal right and ability to agree to these Terms of Use and any Privacy Policy we have enacted.

 

IV. Prohibited Conduct

You may not access or use, or attempt to access or use, the Services to take any action that could harm Us or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws.  For example, and without limitation, you may not:

• transmit any message or information under a false name or otherwise misrepresent your affiliation or the origin of materials you transmit;
• provide information on the enrollment form that is untrue, inaccurate, not current, or incomplete;
• engage in unauthorized spidering, “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
• take any action that imposes an unreasonable or disproportionately large load on Our network or infrastructure;
• use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
• attempt to modify, translate, decipher, decompile, disassemble, reverse-engineer, or create derivative works of any of the software comprising or in any way making up a part of the Services; or
• disclose information regarding other users of the Website in any way
• engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in Our sole judgment, exposes Us or any of Our users, affiliates, or any other third party to any liability, damages, or detriment of any type.

Violations of system or network security may result in civil or criminal liability.  We may investigate and work with law enforcement authorities to prosecute users who violate the Terms.  We may suspend or terminate your access to the Services for any or no reason at any time without notice.

V. Payment Authorization

By providing a credit card or other payment method accepted by Us (“Payment Method”), you are expressly agreeing that We are authorized to charge to the Payment Method any fees for your use of the Services, together with any applicable taxes.

You agree that authorizations to charge your Payment Method remain in effect until you cancel it in writing, and you agree to notify Us immediately of any changes to your Payment Method.  You certify that you are an authorized user of the Payment Method and will not dispute charges for the Services.  You acknowledge that the origination of ACH transactions to your account must comply with applicable provisions of U.S. law.  In the case of an ACH transaction rejected for insufficient funds, We may attempt to process the charge again at any time within thirty (30) days.

 VI. Intellectual Property Rights

Provided that you are eligible to use the website, you are granted a limited license to access and use the website for its intended purpose and to download or print a copy of any portion of the Services to which you have properly gained access solely for your personal, informational, non-commercial use.

The Services may be protected under the copyright laws of the United States and other countries.  All copyrights in the Services are owned by Us or Our third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws. You may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Services without Our written consent.

All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of the Services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Us or its licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as authorized herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of Us, our affiliates, or any third party.

 

VII. Password Security

You are solely responsible for the security of your username and password, and for any use of the Services using your username and password.  You should not share your username or password with any third party or allow any third party to access the Services using your username and password.  You agree to notify Us if you have any reason to believe that your username or password has been lost, compromised, or misused in any way.  We reserve the right to revoke or deactivate your username and password at any time.

 

VIII. Website and Third-Party Content

The Services may provide links to third-party content.  You acknowledge and agree that We are not responsible for the availability of such third-party content, and We do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such content.  Use of any linked third-party content is at the user’s own risk.

 

IX. Disclaimer of Warranties; Limitation of Liability

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

Your use of the Services is at your own risk. The Services are provided “as is” without warranties of any kind, either express or implied, including without limitation warranties of title, merchantability, fitness for a particular purpose, non-infringement, or other violation of rights. We do not warrant the adequacy, currency, accuracy, likely results, or completeness of the Services or any third-party sites linked to or from the Services, or that the functions provided will be uninterrupted, virus-free, or error-free. We expressly disclaim any liability for any errors or omissions in the content included in the Services or any third-party sites linked to or from the Services. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

In no event will We, or Our parents, subsidiaries, affiliates, licensors, suppliers and their directors, officers, affiliates, subcontractors, employees, agents, and assigns be liable for any direct or indirect, special, incidental, consequential, or punitive damages, lost profits, or other damages whatsoever arising in connection with the use of the Services, any interruption in the availability of the Services, delay in operation or transmission, computer virus, loss of data, or use, misuse, reliance, review, manipulation, or other utilization in any manner whatsoever of the Services or the data collected through the Services, even if one or more of them has been advised of the possibility of such damages or loss.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

You agree that your sole remedy for any claim arising out of or connected with the Services will be to cease using the Services.

 

X. Indemnification

You agree to indemnify, defend and hold Us and Our parents, subsidiaries, affiliates, licensors, suppliers and their directors, officers, affiliates, subcontractors, employees, agents, and assigns harmless from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of the Services and any alleged violation by you of these Terms.  We reserve the right to assume the exclusive defense of any claim for which We are entitled to indemnification under this section.  In such event, you shall provide us with such cooperation as We reasonably request.

 

XI. Digital Millennium Copyright Act (DMCA) Notice and Policy

Notifications

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

Counter-Notification

If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter-notification to [us/our Designated Copyright Agent] using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.

 

XII. Choice of Law and Forum

You agree that your access to and use of the Services will be governed by and will be construed in accordance with the laws of the state of Missouri in the United States without regard to principles of conflicts of laws.

XIII. California Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

 

XIV. Term and Termination

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

XV. Miscellaneous

These Terms constitute the entire agreement between you and Us, superseding any prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Us.  In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that reflects, to the maximum extent possible by law, the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Us as a result of these Terms or your access to and use of the Services.

Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive Our right to subsequently enforce any terms or conditions of the Terms or respond to any violations.  Nothing contained in these Terms is in derogation of Our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Us with respect to such use.

We may from time to time add new features to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Under no circumstances will We be liable for any suspension or discontinuation of any of the Services or portion thereof, and the use of new services will be governed by this Agreement.

While using the Services, you may encounter links to other websites. These links are provided for your convenience only and we do not endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other websites. Although we attempt to link to trustworthy websites, it is possible that they will contain materials that are objectionable, unlawful, or inaccurate and we will not be responsible or liable for the legality or decency of material contained in or accessed through such other websites.