Terms of Service
Effective Date: April 6, 2018.
THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW
Acceptance of the Terms of Service
READ THESE TERMS OF SERVICE CAREFULLY. THEY ARE A LEGAL CONTRACT GOVERNING YOUR USE OF THE SITE PROVIDED BY World Citizenship Services, LLC. AND ITS SUBSIDIARIES AND AFFILIATES (collectively, "World Citizenship Services, LLC" "we," or "us," or "our").
Copyright. All information, content, services and software displayed on, transmitted through, or used in connection with the Site is owned by World Citizenship Services, LLC and/or its licensors and suppliers. You may use the Content online only, and solely for your personal, non-commercial use. If you operate a Web site and wish to link to the Site, you may do so provided you agree to cease such link upon request from the Site. No other use is permitted without prior written permission of the Site. The permitted use described in this section is contingent on your compliance at all times with these Terms.
You may not republish any portion of the Content on any Internet, Intranet, extranet site or any other publication, or incorporate the Content in any database, compilation, archive, cache, or similar medium. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not archive, modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without our permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site nor to insert any code or product or manipulate the Content or the Site in any way, and not to use any data mining, data gathering or extraction method.
Requests to use Content for any purpose other than as permitted in these Terms should be directed to firstname.lastname@example.org.
Unsolicited Material and Ideas. We are happy to hear from our users and welcome feedback regarding our Site. The Site is not responsible for the similarity of any of its content or programming in any media to materials or ideas provided to the Site. If you do transmit unsolicited submissions to us through the Site or otherwise, you acknowledge that such submissions become the property of World Citizenship Services, LLC and may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or otherwise used as World Citizenship Services, LLC sees fit. By using the Site and transmitting an unsolicited submission to us, you agree that you are not entitled to any compensation, credit or notice whatsoever with respect to such submission, and that by sending an unsolicited submission you waive the right to make any claim against the Site, World Citizenship Services, LLC and its parents, officers or directors relating to our use of such submission, including, without limitation, infringement of proprietary rights, unfair competition, breach of implied contract or breach of confidentiality, even if material or an idea is used that is or may be substantially similar to the idea you sent.
E-Commerce. During your visit to the Site, you may elect to engage in a transaction involving the purchase of a product or submission of a deposit. Credit card transactions and order fulfillment are often handled by a third-party processing agent, bank or distribution institutions such as Paypal. While in most cases transactions are completed without difficulty, there is no such thing as perfect security on the Internet or offline. If you are concerned about online credit card safety, in most cases a telephone number will be made available so you can call us and place your order by phone. The Site cannot and does not take responsibility for the success or security of transactions undertaken or processed by third parties.
During your visit to the Site, you may link to, or view as part of a frame, certain content that is actually created, hosted and/or licensed by a third party. Because the Site has no control over third-party sites and resources, you acknowledge and agree that the Site is not responsible for the availability of external websites or resources, nor for the content, actions, or policies of those sites. Information you provide on such websites, including personal information and transactional information, is subject to the terms of service of those websites.
Communications with Third Parties Through the Site. Your dealings or communications through the Site with any party other than World Citizenship Services, LLC are solely between you and that third party. Under no circumstances will the Site be liable for any goods, services, resources or content available through such third-party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be directed to the third party.
General Disclaimer and Limitation of Liability. While the Site and World Citizenship Services, LLC use reasonable efforts to include accurate and up-to-date information, neither the Site nor World Citizenship Services, LLC make any warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. The Site and World Citizenship Services, LLC do not represent or warrant that use of any Content will not infringe rights of third parties. The Site and World Citizenship Services, LLC have no responsibility for actions of third parties or for content provided by others, including without limitation User Content.
USE OF THE SITE IS AT YOUR OWN RISK. ALL CONTENT AND ACCESS TO THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER World Citizenship Services, LLC, THE SITE, NOR ANY OF THE World Citizenship Services, LLC AND/OR SITE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AGENTS, CONTENT PROVIDERS OR LICENSORS, MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SITE, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE, AND/OR THE RESULTS THAT MAY (OR MAY NOT) BE OBTAINED FROM USE OF THE SITE OR THE CONTENT. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES THE SITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. THE SITE, World Citizenship Services, LLC AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AGENTS, CONTENT PROVIDERS OR LICENSORS ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, OR OTHER PROPERTY. THE SITE CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS. THE SITE DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SITE. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK. IN NO EVENT SHALL THE SITE, World Citizenship Services, LLC OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE SITE, World Citizenship Services, LLCOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES.
Indemnity. You agree to indemnify, defend and hold harmless the Site and World Citizenship Services, LLC as well as each of their respective parent companies, and each of their respective partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, and sub-licensees from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys' fees and court costs) in any and all jurisdictions arising from or relating to any allegation regarding: (1) your use of the Site; (2) the Sites and/or World Citizenship Services, LLC use of any User Content or information you provide, as long as such use is not inconsistent with these Terms; (3) information or material provided through your registration account, even if not posted by you; and (4) any violation of these Terms by you.
International Users. The Site is controlled, operated and administered by World Citizenship Services, LLC from its offices within the United States. The Site and World Citizenship Services, LLC make no representation that materials or Content available through the Site are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Content in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all applicable laws.
Modifying these Terms. The Site and World Citizenship Services, LLC reserve the right to change these Terms at any time in their respective discretion and to notify users of any such changes solely by changing the Effective Date of these Terms. The most current version of these Terms will supersede all previous versions. Your continued use of the Site after the posting of any amended Terms shall constitute your agreement to be bound by any such changes. Your use of the Site prior to the time these Terms were posted will be governed according to the Terms that applied at the time of your use.
Discontinuation of Service. The Site may modify, suspend, discontinue or restrict the use of any portion of the Site, including the availability of any portion of the Content at any time, without notice or liability. In addition, the Site or World Citizenship Services, LLC may at any time transfer rights and obligations under these Terms to any World Citizenship Services, LLC affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires World Citizenship Services, LLC, the Site or any of their respective assets.
Statute of Limitations. You agree to file any claim regarding any aspect of this Site or these Terms within six months of the time in which the events giving rise to such claim began, or you agree to waive such claim.
Disputes. Our Customer Support Department is available at email@example.com to address any concerns you may have regarding the Site. Our Customer Service Department is able to resolve most concerns quickly to our customers satisfaction. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Customer Support Department and good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.
For any dispute that is not subject to binding arbitration or otherwise as set forth in this Agreement, you and the Site agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in State of California. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
These Terms and the relationship between you and the Site shall be governed by the laws of the State of California without regard to conflict of law provisions
Mandatory Arbitration and Class Action Waiver
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. BY ELECTING ARBITRATION, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH BINDING ARBITRATION. YOU WAIVE THE RIGHT TO HAVE YOUR DISPUTE HEARD IN COURT AND WAIVE THE RIGHT TO BRING CLASS CLAIMS. YOU UNDERSTAND THAT DISCOVERY AND APPEAL RIGHTS ARE MORE LIMITED IN ARBITRATION.
Arbitration is a method of resolving a claim, dispute or controversy without filing a lawsuit. By agreeing to arbitrate, the right to go to court is waived and instead claims, disputes or controversies are submitted to binding arbitration. This provision sets forth the terms and conditions of our agreement. You and World Citizenship Services, LLC agree that use of this website affect interstate commerce and the Federal Arbitration Act (FAA) applies.
By using this web site, you elect to have disputes resolved by arbitration. You and World Citizenship Services, LLC may pursue a Claim. Claim means any dispute between you and World Citizenship Services, LLC relating to your use of this web site or our relationship, including any representations, omissions or warranties. You or World Citizenship Services, LLC may seek remedies in small claims court without arbitrating to the extent your Claim is subject to the jurisdiction of a small claims court. In addition, either party may bring an action in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (intellectual property rights means patents, copyrights, moral rights, trademarks and trade secrets, but not privacy or publicity rights).
Except as specifically provided herein, all Claims must be resolved by arbitration. You or World Citizenship Services, LLC may select arbitration with American Arbitration Association or JAMS, except the arbitrator shall have no authority to find that a Claim is subject to arbitration on a class basis or as part of another representative action. The hearing will be in the federal district where you reside. For residents outside of the United States, arbitration must be initiated in the State of California, United States of America, and you and World Citizenship Services, LLC agree to submit to the personal jurisdiction of any federal or state court in Los Angeles County, California, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If agreed, arbitration may be by telephone or written submissions. The arbitrator may award costs or fees to the prevailing party, if permitted by law. World Citizenship Services, LLC may seek fees.
The arbitrator shall be an attorney or current or retired judge. The arbitrator shall follow substantive law, statute of limitations and decide all issues relating to the interpretation, construction, enforceability and applicability of this provision. The arbitrator may order relief permitted by law. This provision is governed and enforceable pursuant to the FAA. An award shall include a written opinion and be final, subject to appeal pursuant to the FAA, and may be entered as a judgment in any court of competent jurisdiction.
This provision survives termination of our relationship, bankruptcy, assignment or transfer. If part of this provision is unenforceable, the remainder remains in effect. AS SET FORTH ABOVE, YOU AND World Citizenship Services, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If unenforceability allows arbitration as a class action, then this mandatory arbitration provision is entirely unenforceable.
You have the right to opt out and not be bound by this mandatory arbitration provision by sending written notice of your decision to opt out to firstname.lastname@example.org, Mandatory Arbitration Opt-Out. The notice must be sent within thirty (30) days of the (a) Effective Date of these Terms; or (b) the first date that you agreed to any version of these Terms that contains this version of the mandatory arbitration provision, whichever is earlier. If you opt out of the mandatory arbitration provision, World Citizenship Services, LLC also will not be bound by it in its disputes with you.
World Citizenship Services, LLC reserves the right to make changes to this mandatory arbitration provision after providing written notice. Changes will become effective on the sixtieth (60th) day after notice, and will apply prospectively only to claims arising after the sixtieth (60th) day. If a court or arbitrator decides that this section allowing changes is not enforceable or valid, then this subsection shall be severed from the mandatory arbitration provision, and the court or arbitrator shall apply the first mandatory arbitration provision you agreed to.
Force Majeure. The failure of the Site to comply with any provision of these Terms due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Site (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms.
Severability. If for any reason any provision of these Terms is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of these Terms shall continue in full force and effect.
No Waiver. Any failure of the Site to enforce or exercise any provision of this TOS or related right shall not constitute a waiver of that right or provision.
No Third-Party Beneficiaries. You agree, except as expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
Section Titles. The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.
Termination. In the event of termination of these Terms for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to the Site, the Disputes provisions, and all other provisions for which survival is equitable or appropriate.
Limitation of Liability and Disclaimer of Warranties are Material Terms of these Terms. You agree that the provisions of these Terms that limit liability and disclaim warranties are essential terms of these Terms of Service.
Entire Agreement. These Terms constitute the entire agreement between you and the Site and supersede all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of these Terms will be binding unless made in writing and signed by World Citizenship Services, LLC. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. In the event of a conflict between these Terms and any applicable purchase or other terms, these Terms shall govern.