Terms & Conditions of Use
Last Updated: July 1, 2015
With respect to your access and use of the Services, SimpleCitizen provides its Services to you, subject to the following Terms, which may be updated by SimpleCitizen from time to time without notice to you, and which updates become effective when posted. You are responsible for regularly reviewing these Terms. Also, you must be at least 18 years old or have the permission of your parent or guardian allowing you to use the Services.
SimpleCitizen is not a law firm or a lawyer referral service, and the employees of SimpleCitizen are not in any way acting as your attorney. No content provided by SimpleCitizen is to be construed as legal advice, nor should it be construed as a substitute for the advice of an attorney. SimpleCitizen offers general information about the law and does not provide any legal advice.
In addition, when using particular Services, you and SimpleCitizen shall be subject to any posted guidelines or rules applicable to such sites or services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms. In the event that any of the Terms contained herein conflict with such guidelines or rules, these Terms shall control.
You must provide all equipment and software necessary to connect to the Services, including but not limited to, a computing or mobile device that is suitable to connect with and use the Services, and all corresponding backup, recovery, and maintenance services. You are solely responsible for any fees, including internet connection or mobile fees, that you incur when accessing the Services.
1. Permitted Use
- Services Subject to these Terms, SimpleCitizen hereby grants you the right to access and use the Services solely for the purposes of accessing Services as an individual, for personal, non-commercial use. The SimpleCitizen content and software is the proprietary property of SimpleCitizen and/or its suppliers and Partners and are protected by U.S. and international copyright and other intellectual property laws. The names of actual companies and products which may be listed within the Services may be the trademarks of their respective owners. SimpleCitizen reserves the right to suspend, cancel or limit the use of the Services with or without cause, and with or without notice. For example, we may suspend, cancel or limit your use if your use violates these Terms.
- Mobile Application Use By downloading any application from SimpleCitizen, installing or using any mobile application, or any portion thereof ("Application") you agree to the following Application use. SimpleCitizen grants you a non-transferable, non-exclusive, limited right and license to install and use Application solely and exclusively for your personal, non-commercial use. You may not use the Application in any manner that could damage, impair, disable, or overburden the Application (or servers or networks connected to the Application), nor may you use the Application in any manner that could interfere with any other party’s use and enjoyment of the Application (or servers or networks connected to the Application). You agree that you are solely responsible for your use of the Application, any breach of your obligations under the Terms, and for the consequences (including any loss or damage which SimpleCitizen may suffer) of any such breach.
2. Links to Third Party Sites
The Services may contain links to third party websites ("Linked Sites"). SimpleCitizen has no control over these Linked Sites or the content within them. SimpleCitizen cannot and does not guarantee, represent, or warrant that the content contained in the Linked Sites, including, without limitation other links, is accurate, legal, and/or inoffensive. SimpleCitizen does not endorse the content of any Linked Site, nor do we warrant that a Linked Site will not contain computer viruses or other harmful code that can impact your computer or other web access device. By using the Services to search for or link to another site, you agree and understand that such use is entirely at your own risk, and that you may not make any claim against SimpleCitizen for any damages or losses whatsoever resulting from such use. However, if you experience a problem with a Linked Site, please let us know at [email protected], and we will investigate the link and take appropriate action.
3. Mobile Application Proprietary Rights
You acknowledge that (a) the Application contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) SimpleCitizen and/or third parties own all right, title and interest in and to the mobile Application and content, excluding content provided by you, that may be presented or accessed through the Application, including without limitation all Intellectual Property Rights therein and thereto. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all Application, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Application or content that may be presented or accessed through the Application for any purpose, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality contained in the Application, (iii) use the Application to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter SimpleCitizen’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Application.
4. No Unlawful or Prohibited Use
As a condition of your use of the Services, you warrant to SimpleCitizen that you will not use the Services for any purpose that is unlawful, encourages illegal behavior, or is prohibited by these Terms. You agree not to use the Services in any manner, which could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.
In order to use the Services you must provide SimpleCitizen accurate and complete billing information, including legal name, address, and telephone number. When you submit credit card information, you give SimpleCitizen express permission to charge all user fees, subscription charges, and any other charges and fees incurred for using the Services ("Fees") to the designated credit card. SimpleCitizen reserves the right to terminate these Terms and your access to and use of the Services if you do not provide a valid credit card for the payment of Fees, or if any Fees are not timely paid. All Fees may be billed in advance upon commencement of your use of the Service, and are non-refundable. There will be no refunds or credits for partial use of the Service. Any add-on features or Services not provided in your service plan will be billed in accordance with specific terms provided at the time the add-on features or Service is requested by you. All payments of Fees are exclusive of federal, state, local and foreign taxes, duties, tariffs, levies, withholdings and similar assessments (including without limitation, sales taxes, use taxes and value added taxes), and you agree to bear and be responsible for the payment of all such charges, excluding taxes based upon SimpleCitizen’s net income.
6. No Legal Advice
The Services may include access to certain legal information, including, information, articles, legal forms, and documents. Such information, if provided within the Services, is not legal advice and may not be relied upon as legal advice. SimpleCitizen cannot guarantee that all the information, forms or documents provided via the Services are current or correct. Neither the Services, nor anything provided by SimpleCitizen, is a substitute for the advice of a competent attorney. If specifically selected by you, a portion of Fees may include a pre-negotiated fee to 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"). The Services do not include, nor does SimpleCitizen 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 SimpleCitizen, any SimpleCitizen employee, or any Lawyer. Your use of the Services is intended for general informational purposes only and is not a substitute for consultation with a Lawyer licensed to practice in your jurisdiction about your specific legal issues, and you should not rely upon such information.
All other fee arrangements must be negotiated directly between you and a Lawyer. Lawyers may require that you execute an attorney engagement agreement or a paid retainer prior to the delivery of any Legal Services.
Lawyers may provide certain information for inclusion in their profiles on the SimpleCitizen website. Such profiles are advertisements and you should always conduct your own investigation of a Lawyer. SimpleCitizen does not verify or warrant the accuracy of information included on the profiles of Lawyers. SimpleCitizen disclaims any responsibility for the information on the profiles of Lawyers, as well as any information on websites linked from such profiles. SimpleCitizen expressly disclaims any representation or warranty of any kind with regard to the quality or outcome of the Legal Services to be performed by any Lawyer. There is no guarantee that by using the Services, or any Legal Services provided by any Lawyer, that you matter will have a successful outcome. SimpleCitizen is not a lawyer referral service nor prepaid legal services plan. SimpleCitizen makes no endorsement of any Lawyer which may be listed on SimpleCitizen website, nor is the inclusion in such listed 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.
7. Privacy and Disclosure of Information
These Terms will continue to apply until terminated by either you or SimpleCitizen as set forth below. You may terminate these Terms at any time by permanently deleting the Application from your mobile device in its entirety or ceasing your use of the Services. Your rights automatically and immediately terminate without notice from SimpleCitizen or any Third Party if you fail to comply with any provision of these Terms. In such event, you must immediately delete the Applications.
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless SimpleCitizen, its partners, affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from your use of the Services, including your downloading, installation, or use of the Services, or your violation of these Terms or documents it incorporates by reference.
10. Warranty Disclaimer
SimpleCitizen does not promise that the Services will be error-free, uninterrupted, nor that the Services will provide specific results from your use of any content, search or link on them. The Services and all content contained within them are delivered on an "AS IS" and "AS AVAILABLE" basis without warranty of any kind. SimpleCitizen does not warrant or represent that files you download from the Services will be free of viruses or other harmful features. You are solely responsible for any damage to your mobile device, or other device, or loss of data that results from such use. SimpleCitizen DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
11. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL SimpleCitizen, OR ITS AFFILIATES AND PARTNERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE SERVICES. IN NO EVENT SHALL SimpleCitizen’S AGGREGATE LIABILITY, OR THE AGGREGATE LIABILITY OF SimpleCitizen’S AFFILIATES AND PARTNERS, TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THE SERVICES EXCEED THE GREATER OF THE FOLLOWING: (A) TOTAL AMOUNTS PAID BY YOU TO SimpleCitizen FOR ACCESSING THIS SITE; OR (B) FIFTY U.S. DOLLARS ($50.00).
12. Governing Law/Arbitration
These Terms shall be treated as though executed and performed in the State of Utah, and shall be governed by and construed in accordance with the laws of the State of Utah, USA, without regard to its conflicts of law provisions. Neither the United Nations Convention on Contracts for the International Sale of Goods nor any enactment of the Uniform Computer Information Transactions Act shall apply to these Terms. Any dispute relating in any way to your use of the Services permissible under these Terms shall be submitted to confidential arbitration in Utah, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Utah. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Utah. Arbitration under these Terms shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever banned. SimpleCitizen operates the Service from its offices in the State of Utah. In any action or proceeding to enforce or interpret these Terms, the prevailing party will be entitled to recover from the other party its costs and expenses (including reasonable attorneys’ fees) incurred in connection with such action or proceeding and enforcing any judgment or order obtained.
13. License Grant to SimpleCitizen
Unless otherwise agreed to in a separate written agreement between you and SimpleCitizen that was signed by an authorized representative of SimpleCitizen, by distributing, disseminating or uploading content through the Services ("User Content"), you hereby grant to SimpleCitizen a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license (with the right to grant and authorize sublicenses) to host, transfer, display, perform, reproduce, distribute, compress or convert for distribution, and otherwise use your User Content, in any media formats and through any media channels, solely in order to publish and promote such User Content in connection with services offered or to be offered by SimpleCitizen. Such license will apply to any form, media, or technology now known or hereafter developed.
14. License Grant to other Users
You understand that any User Content may be provided to and accessed by Lawyers. By distributing or disseminating User Content through the Services, you hereby grant to each Lawyer that is authorized to access your User Content a non-exclusive license to access and use your User Content under the terms indicated by you when you uploaded such User Content.
15. USCIS Direct Submission Online Application ("Direct Submission")
Upon choosing the Direct Submission service as offered by SimpleCitizen, the company will use the U.S. government operated USCIS Electronic Immigration System website, "ELIS", to create an account and submit the selected USCIS forms directly using the ELIS portal. As part of the Direct Submission service, you are expressly authorizing SimpleCitizen to setup, create and manage an account on ELIS in order to submit the USCIS application completed using the SimpleCitizen service. In order to create an account on ELIS, you expressly authorize SimpleCitizen to use unique credentials including but not limited to security question answers, email addresses, and passwords. The submission and application process will be managed by SimpleCitizen to complete updates and communication between you and the USCIS through ELIS. Any application data and information submitted by you to SimpleCitizen will be passed on the USCIS and U.S. government through the ELIS portal.
In order to use the Direct Submission service through SimpleCitizen your consent is required for SimpleCitizen’s use of your payment credentials (credit card numbers, etc.) for satisfying any and all accompanying USCIS fee(s) associated with the submission of your form(s), use and access of the Department of Homeland Security computer system and the USCIS Privacy Act Statement when creating an account on the ELIS system. If you wish to terminate SimpleCitizen’s management of your application on ELIS and have management of your application transferred to you, contact SimpleCitizen directly at [email protected] A transfer of the management of an account on ELIS will compromise SimpleCitizen’s ability to provide communication and updates regarding the submission of an application.
Upon requesting the Direct Submission service, SimpleCitizen will electronically submit your forms with accompanying data and information directly to the USCIS using the ELIS system. You maintain the responsibility of any and all review of the form(s) submitted though SimpleCitizen to be free of error before any request for Direct Submission is made. SimpleCitizen does not guarantee any acceptance of any form(s) by the USCIS. If your application is rejected by the USCIS for incomplete information or data, or there are technical complications on the part of the ELIS system then you are responsible for the direct manual filing of your application to the USCIS. Through requesting the Direct Submission service, you expressly authorize SimpleCitizen to send all data and information in connection with your application to the USCIS and any other U.S. government agency and retrieve any receipts or documentation related to USCIS submissions on your behalf.