TERMS OF USE: Green Card Atlas (GCA)

Effective Date: January 01, 2023

These Terms of Use ("Agreement") govern your use of the website https://greencardatlas.com ("Site") and the associated services provided by Green Card Atlas ("GCA," "we," "our," or "us"), a company duly incorporated under the laws of the United States of America with principal offices at E Weldon Ave, Phoenix, AZ 85018 and India. This Agreement is a legally binding contract between you ("User" or "you") and GCA, concerning your access to and use of the Site and any services (collectively, the "Services") provided therein. By using our Services, you confirm that you have read, understood, and agree to abide by the terms and conditions of this Agreement.

PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.

1. DEFINITIONS AND INTERPRETATION

Services: Refers to all services offered by GCA, including but not limited to access to our website, consulting services for obtaining a Green Card through the EB1A pathway, and any associated materials and content provided by us.

Content: Any materials, including but not limited to text, images, videos, graphics, trademarks, logos, and any other intellectual property published or made available via the Site or Services.

User: Refers to individuals or entities accessing and utilizing the Services.

GCA, "we," "us," or "our": Refers to Green Card Atlas and its affiliates.

2. USER ELIGIBILITY

You must be at least 18 years old to use the Services provided by GCA. By accessing or using the Services, you represent and warrant that you are of legal age to form a binding contract and have the legal authority to bind the entity you represent to these terms.

3. SCOPE OF SERVICES

GCA provides services primarily intended for assisting individuals in obtaining their Green Card through the EB1A pathway. The information and advice provided are for general guidance purposes and do not constitute legal advice. GCA does not guarantee any outcomes, approvals, or other results related to immigration processes.

4. INTELLECTUAL PROPERTY RIGHTS

Ownership: GCA owns or holds licenses for all intellectual property associated with the Services, including but not limited to content, software, and trademarks. All intellectual property rights related to the Site and the Services are protected under applicable copyright, trademark, and other intellectual property laws in the United States, India, and internationally.

License: GCA grants you a non-exclusive, non-transferable, revocable license to access and use the Site and Services strictly for personal, non-commercial use. You may not copy, reproduce, distribute, or create derivative works of any content provided by GCA without prior written consent.

5. USER OBLIGATIONS AND REPRESENTATIONS

By using the Services, you represent, warrant, and agree that:

• You will not use the Services for any unlawful purpose or in a manner that violates applicable local, state, or international laws and regulations.
• You will not engage in any fraudulent activity or mislead others, including providing false information to GCA.
• You have the legal authority to use the Services and agree to abide by these Terms of Use.

6. PRODUCTS AND AVAILABILITY

All products and services provided via the Site are subject to availability and may be discontinued or altered at GCA’s discretion. GCA reserves the right to modify the price or availability of products at any time without prior notice.

7. PAYMENT TERMS

GCA accepts payments via Visa, MasterCard, American Express, Discover, Venmo, Cashapp, Zelle, UPI, Wire transfers and PayPal. By purchasing a product or service, you agree to provide accurate payment information and authorize GCA to process your payment.

Sales Tax: Applicable sales taxes will be added to your order based on your location.

Payment Disputes: GCA reserves the right to cancel or refuse any order, at its sole discretion, including but not limited to orders placed by suspected resellers.

8. REFUND POLICY

Due to the nature of the services provided, all sales are final. GCA does not offer refunds for any purchased products or services.

9. PROHIBITED ACTIVITIES

You agree not to engage in the following prohibited activities:

• Unauthorized Use: You will not use the Services to create, access, or distribute content that is unlawful, harassing, or harmful.
• Circumvention: You will not attempt to circumvent the security mechanisms of the Services, including those that restrict copying or accessing certain parts of the Content.
• Automated Access: You will not use automated tools (e.g., bots, crawlers) to access or use the Services.
• Malicious Acts: You will not upload or transmit harmful code such as viruses or Trojans to the Site.

10. USER-GENERATED CONTENT

Content Submission: By submitting any content (including questions, feedback, comments, or other materials) to GCA, you grant GCA a worldwide, royalty-free, perpetual license to use, modify, and distribute such content without restriction.

Responsibility: You are solely responsible for any content you submit. You must ensure that your submissions do not infringe the intellectual property rights of others or violate any laws.

11. PRIVACY POLICY

Your use of the Services is governed by our Privacy Policy, which can be found on the Site. By using the Services, you consent to the collection and use of your information as outlined in the Privacy Policy.

12. TERM AND TERMINATION

This Agreement will remain in effect until terminated by either you or GCA. You may terminate this Agreement by ceasing to use the Services. GCA reserves the right to suspend or terminate your access to the Services at its discretion, including in cases of non-compliance with these Terms.

13. AMENDMENTS AND INTERRUPTIONS

GCA may revise or amend these Terms at any time. Any changes will be posted on the Site and will become effective upon publication. You are responsible for reviewing the Terms periodically. Your continued use of the Services after any changes signifies your acceptance of the updated Terms.

14. GOVERNING LAW

This Agreement shall be governed by the laws of the United States of America and India, without regard to its conflict of law principles. You agree that any dispute related to this Agreement shall be resolved in the competent courts in Phoenix, Arizona, USA, or India, as applicable.

15. DISPUTE RESOLUTION

Any disputes arising out of or relating to this Agreement will be resolved through mediation or arbitration, as determined by GCA, before seeking legal action. If mediation or arbitration is unsuccessful, the dispute may be taken to court.

16. LIMITATION OF LIABILITY

GCA will not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Services. Our liability is limited to the maximum extent permitted by applicable law.

17. ELECTRONIC COMMUNICATIONS

By using the Services, you consent to receive electronic communications from GCA. These communications may include notifications, promotional materials, or service-related updates.

18. CALIFORNIA AND INDIA SPECIFIC PROVISIONS

If you are a resident of California or India, you may have additional rights regarding your privacy and the use of personal information, which are governed by applicable laws such as the California Consumer Privacy Act (CCPA) and the Indian Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules.

19. Disclaimer

The services are provided "As-is" and "As-available." you recognize that using the services is at your own risk. To the maximum extent permitted under applicable law, we disclaim all warranties, both express and implied, including, but not limited to, implied warranties of merchantability, suitability for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the information provided through the services or any external links, and we shall not be responsible for any (1) errors, inconsistencies, or omissions in the content, (2) personal injury or property damage caused by your use of the services, (3) unauthorized access to our secure servers or any personal or financial information stored within, (4) interruption or suspension of the services, (5) delivery of malicious software such as viruses, bugs, trojan horses, or other harmful code by third parties, or (6) any loss or damage incurred as a result of using content made available through the services. We do not endorse or accept liability for any products or services advertised or offered by third parties through the services or linked websites, and we are not liable for any transactions between you and third-party providers of such products or services. You are strongly encouraged to exercise caution and make informed decisions in such transactions.

20. Liability limitations

Under no circumstances will we, or our officers, staff, or representatives, be responsible for any damages, whether direct, indirect, incidental, consequential, exemplary, or punitive, including loss of profits, revenue, data, or any other damages resulting from your use of the services, even if we were aware of the possibility of such damages. Notwithstanding any contrary provision herein, our maximum liability to you, regardless of the reason for such claim, shall be limited to the amount you paid us during the six (6) month period immediately preceding the incident giving rise to the claim. Certain jurisdictions may not allow restrictions on implied warranties or exclusions/restrictions on certain damages, and if these laws apply to you, some or all of these limitations may be inapplicable, granting you additional rights.

21. Indemnity obligations

You agree to defend, protect, and exonerate us, including our subsidiaries, affiliates, and all associated personnel, from any claim, loss, damage, liability, or demand, including legal fees and costs, arising from third-party actions due to: (1) your use of the services; (2) a breach of these terms and conditions; (3) a violation of your representations and warranties under these terms; (4) your infringement of a third party’s rights, including intellectual property rights; or (5) any harmful conduct towards another user connected to you through the services. However, we reserve the right to take exclusive control over the defense of any such claim at your cost, and you agree to cooperate at your expense in defending such claims. We will make reasonable efforts to inform you of any claim, legal action, or proceeding that falls under this indemnification obligation.

22. DATA HANDLING
We will store specific information that you share with the Services to facilitate the smooth operation of the platform, as well as data related to how you interact with the Services. While we conduct regular data backups, you are solely responsible for any information you submit or any actions performed through the Services. You acknowledge that we will not be liable for any data loss or corruption, and you relinquish any right to seek action against us in case of such events.

23. DIGITAL COMMUNICATIONS AND AGREEMENTS
By accessing the Services, sending us emails, or filling out online forms, you engage in electronic communications. You agree to receive communications electronically and accept that any notices, contracts, disclosures, and other information provided through email or via the Services fulfill any legal obligation for such communications to be in writing. You consent to the use of electronic signatures, contracts, orders, and records, and to receiving notices and transaction records electronically. You waive any rights or requirements under any laws that mandate physical signatures or non-digital records for transactions, payments, or credits.

24. CALIFORNIA CONSUMERS
In case a dispute remains unresolved, California users may contact the Complaint Assistance Unit of the Division of Consumer Services at the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by phone at (800) 952-5210 or (916) 445-1254.

25. GENERAL PROVISIONS
These Terms and any policies or guidelines provided by us on the Services represent the complete agreement between you and us. If we do not enforce any provision of these Terms, it does not waive our right to do so in the future. These Terms are intended to be as broad as allowed by law. We reserve the right to transfer any or all of our rights and duties to others at any time. We are not responsible for any loss, damage, delay, or failure to perform due to circumstances beyond our control. If any part of these Terms is found to be unlawful or unenforceable, that section will be considered severable, and the remaining provisions will remain in effect. No partnership, agency, or employment relationship is created between you and us by virtue of these Terms or your use of the Services. You agree that these Terms will not be interpreted against us simply because we drafted them. You also waive any defenses you may have based on the electronic nature of these Terms or the absence of physical signatures.

26. LEGAL ADVICE DISCLAIMER
The information provided on this website is for general purposes only and is not intended to serve as legal counsel. It may not reflect the most recent legal updates, and it is advisable to consult a professional for specific legal matters. No attorney-client relationship is established through the use of this website.

27. CONTACT INFORMATION

For any questions regarding these Terms of Use, please contact GCA at:

Green Card Atlas
Email: contact@greencardatlas.com

By using the Services, you acknowledge that you have read, understood, and agree to these Terms of Use.

                                                                                                                                                                                     - (Automatically updated on the final working day of each month for accuracy.)