Last Modified: April 8, 2024
These Terms and Conditions (“Terms”) and our Privacy Policy,
incorporated herein by reference, are a legally binding and
enforceable agreement between you, the user of our Case Tracker for USCIS mobile application (respectively,
"user",
"you" or "your" and “App”), and ImmiVision, LLC. (“Company”, “we”,
“us”, or “our”), the legal owner and operator of the
App. This Terms governs your use and interaction with our App and the respective Services offered therein (as
defined
below).
By downloading and using our Apps, you hereby represent and warrant you have read, understood, and you agree
to be bound
by these Terms. If you do not agree to be bound by these Terms, or any part thereof, you should cease all use
of the
Apps and Services.
CASE TRACKER FOR USCIS APP DOES NOT REPRESENT OR IS NOT AFFILIATED WITH ANY U.S. GOVERNMENT ENTITY. THE
COMPANY IS NOT
A LAW FIRM AND THEREFORE DOES NOT OFFER ANY LEGAL ADVICE. THE SERVICES OFFERED THROUGH THE APP ARE PROVIDED
FREE OF
CHARGE. THE SOURCE OF THE INFORMATION PRESENTED THROUGH THE APP IS PUBLICLY AVAILABLE FREE OF CHARGE ON
HTTPS://EGOV.USCIS.GOV/ AND ON HTTPS://CEAC.STATE.GOV/CEAC/. AS SUCH THE COMPANY DOES NOT CLAIM
THE ACCURACY
OF INFORMATION. ALL CASE INFORMATION DISPLAYED IN THE APP IS DONE SO IN COMPLIANCE WITH THE USCIS WEBSITE
POLICIES
AVAILABLE AT: HTTPS://WWW.USCIS.GOV/WEBSITE-POLICIES.
1. AGE ELIGIBILITY
3.1. The Company offers its users the App to install on their Android or iOS mobile devices via the Google Play Store applications marketplace and via Apple App Store (“App Stores”). The App may enable users to monitor and track their United States Citizenship and Immigration Status (“USCIS”) in a user-friendly app, by using special features such as, case tracker, search for open application, news and articles, and other tools for the users (collectively with the App shall be defined herein as the “Services”). Your use of the Apps shall be in accordance with all applicable agreements, terms of use and other policies as shall apply under App Stores policies.
3.2. Subject to the terms herein, the Company grants you a revocable, limited, non-exclusive, non-transferable, non-assignable, and non-sublicensable license for non-commercial purposes, to access the Apps and use the Services solely for the purposes set forth herein. Except as expressly stated under these Terms, we retain all rights, title ownership, and interest in and to the Services, copyrights and trademarks, images, logos product names, and trade names, to the fullest extent possible under applicable law. We reserve all rights in and to the Apps which are not expressly granted herein. It is hereby clarified that any information related to your USCIS case is public information, and therefore the Company does not claim any ownership, rights or interest in and to the information provided within the App, and does not have the right to modify any information derived from USCIS records in any manner.
3.3. The Services are contingent upon the availability and continuity of an internet connection. Lack of connectivity or disruptions to connectivity may prevent the use of the Services.
3.4. The Company, at its sole discretion, and subject to these Terms, is entitled to determine the features, settings, pricing, or other tools which are available as part of the Apps or modify, correct, amend, update, upgrade, enhance, improve, remove, replace or make any other changes to, or discontinue, or cease, temporarily or permanently, any features or functionalities of the Apps, with or without notice, without incurring any liability to you.
4.1. You acknowledge and agree that the availability of the Apps is dependent on the third-party from which you have downloaded or installed such Apps. You also agree to comply with, and your license to use the Apps is conditioned upon your compliance with, all applicable agreements, terms of use or terms of service, and other policies of the applicable App Store.
4.2. The Services may contain links to third-party websites or resources and advertisements for third parties' services ("Third-Party Ads”). Such Third-Party Ads shall be subject to separate terms of use and policies provided by the third-parties, and therefore we shall not be liable or responsible for your reliance on those Third-Party Ads, and the acts of any of those Third-Party Ads. We do not review, approve, monitor, endorse, warrant, or make any representations concerning Third-Party Ads.
4.3. Through the App you have the option to purchase (“IAP”) a premium feature which allows you to use the Services free of Third-Party Ads and thereby enhance the performance of your use of the Services. When you purchase any IAP, you are doing so through the App Store, and therefore shall be subject to the applicable App Store policies, including the refund policy. Apple Terms and Conditions. Google Pay Terms of Service.
5.1. The Services are provided for your personal, non-commercial use and you hereby agree that you will not, directly or indirectly: (a) make any copies of, modify, adapt, disassemble, translate, decompile, reverse engineer, circumvent or hack the Services or attempt to derive the source code or gain unauthorized access to the Services or its related systems, circumvent, disable, damage or otherwise interfere with security-related features or operations of the Services; (b) reproduce the Services, prepare derivative works, distribute, perform publicly, or display publicly the Services' content without our prior written approval (and except as permitted under applicable law or these Terms); (c) use the Services in any fraudulent or unlawful manner; (d) use the Services in any way that violates any provision of these Terms; or (e) use our name, logo or trademarks without our prior written consent.
5.2. We will investigate any breach or alleged breach of these Terms and report to law enforcement authorities when necessary. We are entitled to prevent access from any user that we believe has breached or is likely to breach these Terms. We may also limit or prevent the use of our Services for any reason or no reason, at our sole discretion.
6.1. You hereby represent and warrant that: (i) any download, use or access you make in connection with our Services is at your sole responsibility and liability; (ii) all required information you submit through the Service is truthful and accurate; (iii) you will not modify, change, edit, alter nor bypass any feature of the Service; circumvent, interfere or disable the security features of the Service or degrade its performance in any way; (iv) you will not access the Services through malicious codes, automated or non-human means, whether through a bot, script or otherwise; (v) you will not copy, sell, lease, sublicense, share or distribute the Service and the license granted herein, or otherwise commercially exploit the Services; (vi) you will not adapt, disassemble, translate, decompile, reverse engineer, make any copies of, circumvent or hack the Service, or attempt to derive its source code; (vii) the Service will not include any content that infringes third party intellectual property rights, or includes harmful illegal content such as gambling, illegal drugs, alcohol and medicine, sexual content, violent content, hate speech, etc.; (viii) you will not assert any proprietary rights in or to the Service including any feature or content therein, nor remove, obscure or alter any notices of proprietary rights; and (ix) you will not use the Services for any illegal or unauthorized purpose and your use of the Services does not violate any applicable law or regulation, these Terms or the applicable policies.
THE APP AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE, SUITABILITY, MARKETABILITY, INCOMPLETENESS, APPLICABILITY, RELEVANCE OR SERVICE LEVEL. THE COMPANY DOES NOT WARRANT THAT THE APP IS OR WILL BE FREE OF HARMFUL OR MALICIOUS CODE NOR THAT THE APP WILL BE FREE OF ANY ERRORS OR BUGS, OR THAT THE COMPANY WILL TAKE ACTIONS IN ORDER TO CORRECT THOSE ERRORS. THE COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONSEQUENCES RESULTING FROM TECHNICAL ISSUES IN THE APP OR SERVICES, AND SPECIFICALLY IN THE THIRD-PARTY MANAGEMENT TOOLS, TO THE USER OR ANY THIRD PARTY. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT THE APP OR THE SERVICES WILL BE AVAILABLE FOR USE IN ANY PARTICULAR LOCATION OR AT SPECIFIC TIME. IN ADDITION, THE COMPANY HAS NOR RESPONSIBILITY OR LIABILITY FOR DAMAGES OR ERRORS, FROM ANY KIND, RESULTED FROM THE THIRD-PARTY ADS. THE USER’S USE OF THE APP OR SERVICES IS AT THE USER OWN RISK AND RESPONSIBILITY.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING (BUT NOT LIMITED TO), LOST OF PROFITS, LOSS OF DATA, LOST BUSINESS OR LOST OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT FROM THE USE OR INABILITY TO USE THE APP OR THE SERVICES EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AND AGGREGATED LIABILITY SHALL NOT EXCEED 50$ US. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR DAMAGES, IN SUCH STATE OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
9.1. You agree to defend, indemnify and hold harmless the Company, its affiliates, and its respective officers, directors, employees, and agents from and against any third-party claims, damages, obligations, liabilities, losses, and expenses (including reasonable attorney’s fees) arising from (i) your use and interaction with the App and Services; (ii) any infringement of third party rights including, among others, any copyright, intellectual property right or privacy right; (iii) any breach of this Terms by you; and (iv) your breach of any applicable law, regulation, and policies. This indemnification obligation will survive the termination or expiration of these Terms and the termination of your use of the Services.
9.2. You hereby release us, our officers, employees, agents, and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any users of the App, or any Third-Party Ads.
10.1. You may terminate these Terms and your use of the Services at any time by simply stop using the App. We may terminate these Terms, your access to all or any part of the Services at any time, with or without cause and with or without advance notice, effective immediately. Such termination may result in the deletion of all data related to your use of the App. We may change, modify, suspend, or discontinue any aspect of the Service at any time without notice to you and without any liability to you whatsoever in connection therewith unless otherwise required to do so under applicable law, in which case we will make a reasonable effort to inform you of any significant and substantial changes to the Services that will significantly affect you.
10.2. Upon the expiration or termination of these Terms, all rights and licenses granted under these Terms shall immediately terminate, and you shall cease your use of the App. All sections detailed herein, which by their nature are intended to survive termination shall survive termination or expiration for any reason.
These Terms shall be governed by the laws of the State of Delaware, without giving effect to any principles of conflicts of law. Any claim, controversy, or dispute arising under, related to these Terms, the App and Services, will be exclusively resolved in the competent courts located in Delaware, USA. The limitation regarding any claim related to the App and Services shall be limited to twelve (12) months as of the applicable claim, and will be permanently barred afterwards.
If ImmiVision, LLC undergoes a change of ownership or if any individual ImmiVision product is sold to another company, your data will be transferred to the new owner. Active users of any affected subscription services will be notified prior to the change of ownership. If the new owner's Privacy Policy will be different from ours, users will be notified of this change and may elect to close their accounts and have their data deleted by emailing privacy@immivision.com.
These Terms, constitute the entire understanding between the parties concerning the use of the Services. If any part of these Terms is found void and unenforceable, it will not affect the validity of the balance of the Terms, which shall remain valid and enforceable according to its terms. You may not assign or otherwise transfer by operation of law or otherwise these Terms or any right or obligation herein. We reserve the right to assign or transfer these Terms and to delegate any of our obligations hereunder at our sole discretion. Our failure to act with respect to a breach by you or others does not waive our right to act concerning subsequent or similar breaches.
If you have any questions regarding these Terms, or you wish to report violators of these Terms, you may contact us:
ImmiVision, LLC