Terms & Conditions
Terms and Conditions of Use
This Terms and Conditions of Use Agreement (“Agreement”) is between you and Atom Law Group, LLC (“ALG”) and governs the use of Simvisa (defined below).
1. About Simvisa
Simvisa consists of the Simvisa platform(s), including www.simvisa.com and its subdomains (the “Site”), and the services enabled by and related to the platform(s) with the exception of the Lawyer Services defined below (the “Services”) (Site and Services together “Simvisa”). ALG desired to create a lower-cost alternative to the attorney representation it provides its legal clients for certain U.S. immigration related matters. Thus, Simvisa is a non-attorney product that is distinct and separate from ALG’s provision of legal advice as a private law firm to its clients and THE USE OF OR INTERACTION WITH SIMVISA DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN ALG AND YOU. Should you desire an attorney-client relationship between you and ALG or one of its attorneys, you must retain ALG by executing an Atom Law Group engagement letter specifically addressed to your name and paying the retainer as specified in that engagement letter.
Simvisa or ALG is not affiliated with or endorsed by the United States government or by any of its agencies. All U.S. government forms referenced or used are available for free from the relevant government agencies and the use of Simvisa or any third-party service is not required to use or file such forms.
2. No Legal Advice
Simvisa does not provide legal services or legal advice and you should not construe or rely upon as legal advice any services or content offered by Simvisa. Accessing or using Simvisa is not the same as consulting with, engaging, or being represented by an attorney. Simvisa is not a substitute for legal services or the advice of an attorney and you are advised to consult with or retain an attorney if you are seeking legal advice instead of the general assistance and information regarding the law that Simvisa offers.
3. Limited Scope Attorney Agreement
If you purchase Services that refer to any legal services and legal advice (“Lawyer Services”) such as attorney review, then a portion of the fees paid by you for Simvisa may be directed to the attorney directly providing the Lawyer Services to you (“Lawyer”). Simvisa is not a lawyer referral service. The provision of any Lawyer Services, including any communications occurring between you and the Lawyer, is separately governed by the Limited Scope Attorney Agreement. In contrast to engaging an attorney for full, unlimited representation, the Limited Scope Attorney Agreement provides the certain and specific tasks the Lawyer will perform in providing limited representation. Should you need legal advice or service beyond the scope of the Limited Scope Attorney Agreement, it is your responsibility and choice to independently seek additional representation with the same or other licensed attorney.
The Limited Scope Attorney Agreement is directly and only between you and the Lawyer, regardless of whether or not such Lawyer is a third-party attorney or an employee or partner of ALG. As such, ALG is not a party to or liable under the Limited Scope Attorney Agreement unless an employee or partner of ALG is providing Lawyer Services pursuant to the Limited Scope Attorney Agreement and, unless separately agreed to in writing and signed by ALG and you, any additional services or representation provided by any attorney beyond the scope of the Limited Scope Attorney Agreement is deemed to be unrelated to Simvisa and ALG.
4. Fees & Refund
When you provide information for a credit card or another payment method, you expressly authorize ALG to charge for all fees incurred for using Simvisa when they become due and payable. ALG reserves the right to terminate this Agreement or to cease providing Services if the provided payment method cannot be charged or if any fees are not timely paid.
In the event you request any change(s) after a packet is mailed out by Simvisa, you will be charged an additional fee which includes the cost of revising, printing, assembling, and mailing an additional packet to you.
Simvisa fees do not include any taxes or such similar assessments or any government filing fees. ALG is not responsible for any costs you may incur for accessing or using Simvisa, such as any text message fees that your mobile service provider may charge you.
This agreement will continue to be effective until terminated. Termination occurs: (1) when you notify ALG of termination by emailing firstname.lastname@example.org; (2) when you fail to comply with any term(s) of this Agreement, regardless of whether ALG has knowledge or provides notification to you of such breach; (3) when ALG terminates the relationship with or without notice; or (4) unless otherwise agreed to in writing by you and ALG, when 18 months have elapsed since you purchased the Simvisa Service. Any obligations or liabilities that accrue prior to termination will survive termination, including sections ______ of this Agreement.
ALG may change, modify, add, or remove any portion of this Agreement at any time and such updates become effective when posted. Your continued use of Simvisa after any changes to the Agreement are posted will be deemed an acceptance of such updates. It is your responsibility to review the Agreement whenever you use Simvisa.
7. Personal Information
Once you create an account with a username and a password with Simvisa, you agree that you are entirely responsible for any actions taken under your account and that ALG will not be liable for any loss or damage resulting from someone’s else’s use of your account, user name, or password regardless of whether such use was with or without your knowledge. You agree to promptly report any unauthorized use of your account to email@example.com. You also agree that ALG and/or Simvisa may send you electronic communications, including but not limited to newsletters and account notices.
If relevant to the service you purchased, you acknowledge and agree that an email or other identifying marker may be assigned to your account to allow Simvisa to track the progress of your filing directly with the relevant U.S. government agency. Should you desire not to have this service, you can send an email at any time to firstname.lastname@example.org
6. License Grant by You
All materials, systems, methodologies, and processes that are a part of Simvisa, including aspects which are protected under intellectual property or other laws but excluding any information or documents provided by you, are owned by ALG or its licensors and your access or use of Simvisa does not create any transfer of such ownership.
9. Permitted Use
Solely for your personal, non-commercial use and subject to the terms of this Agreement, ALG grants you a limited, non-exclusive, non-transferable, and revocable right to access and use Simvisa only in the manner planned and intended by ALG. Without limiting the foregoing, you agree that you will not use Simvisa in violation of any applicable law or regulation or in any way that encourages any such violation; that you will not, in whole or in part, breach, publish, transmit, create derivative works from, profit from, sabotage, or exploit Simvisa or attempt to do so; and that you will not use Simvisa in any way that could damage, impair, or interfere with any person’s or entity’s use, enjoyment, or operation of Simvisa.
10. 3rd Party Materials
Simvisa may refer to, link to, or utilize third parties and their products, websites, content, or services. ALG is not responsible for and does not endorse, recommend, approve of, or make any representations or warranties regarding any third parties or their products, websites, content, or services. You acknowledge that you access or use anything provided by third parties entirely at your own risk and that ALG is not responsible for any loss or damage you may incur as a result.
11. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WILL ALG, ITS LICENSORS, SERVICE PROVIDERS, OR AFFILIATES, AND THEIR RESPECTIVE OWNERS, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL (INCLUDING LOST PROFITS), EXEMPLARY, OR PUNITIVE DAMAGES THAT ARISE OUT OF OR ARE RELATED TO YOUR ACCESS OR USE OF SIMVISA REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER ALG WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ALG, ITS LICENSORS, SERVICE PROVIDERS, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, EXCEED THE FEES PAID BY YOU TO ALG TO USE SIMVISA.
12. Warranty Disclaimer
SIMVSA IS PROVIDED TO YOU “AS IS” AND ALG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), WITH RESPECT TO THE SITE, SERVICES, CONTENT, SYSTEM, OR ANYTHING ELSE PROVIDED PURSUANT TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, PROFESSIONAL SERVICES. ALG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL WARRANTIES ARISING FROM CONDUCT, COURSE OF DEALING OR CUSTOM OF TRADE, AND ALL WARRANTIES OF TITLE AND NON-INFRINGEMENT. ALG DOES NOT WARRANT THAT THE SITE, SERVICES, CONTENT, SYSTEM, OR ANYTHING ELSE PROVIDED ARE OR WILL BE ERROR-FREE OR THAT THE USE OR OPERATION OF SUCH WILL BE UNINTERRUPTED OR THAT ALL ERRORS OR ISSUES WITH SUCH CAN OR WILL BE CORRECTED.
You agree to indemnify, defend and hold harmless ALG, its licensors, service providers, or affiliates, and their respective owners, partners, directors, officers, employees, and agents, from and against any damages, claims, suits, actions, causes of action, demands, liabilities, losses, costs and expenses (including without limitation reasonable attorneys’ fees and disbursements and court costs) resulting from or arising out of any claim relating to this Agreement or your access or use of Simvisa.
14. General Terms
Governing Law. The laws of the State of Illinois shall govern this Agreement, without reference to conflicts of law rules or principles. You specifically disclaim the application of the UN Convention on Contracts for the International Sale of Goods to the interpretation or enforcement of this Agreement. Notwithstanding the foregoing and regardless of any contrary law, you agree that any claim or cause of action arising out of or related to Simvisa is forever banned unless you file within one (1) year after such claim or cause of action arose.
Arbitration. All disputes and differences of any kind arising under this Agreement, arising between you and ALG, which cannot be settled amicably shall be submitted to arbitration. You agree that the arbitration shall be conducted in Chicago, Illinois, and shall finally be settled in accordance with the Rules of Arbitration of the American Arbitration Association by one arbitrator appointed in accordance with the consumer rules. The arbitrator shall not be allowed to apportion fees according to the ruling and may not award attorney’s fees to the prevailing party. The decision of the arbitrator shall be final and binding upon you and ALG. Notwithstanding the foregoing, you hereby consent and submit to the exclusive jurisdiction and venue over any litigation that may arise out of or in connection with this Agreement for the purpose of obtaining execution of the arbitral award or of obtaining a judgment consistent with the award, by any court located within or about Chicago, Illinois, USA and agree to only bring action in such courts. You agree that ALG may seek to protect its intellectual property rights or seek injunctive or other equitable relief wherever it deems proper. You and ALG each waive the right to a jury trial or to participate in a class action or mass arbitration.
Cost of Arbitration. Each party shall bear their own expenses in connection with any arbitration related to this Agreement. All fees and expenses of the arbitrator and court reporter and report, if any, shall be borne and paid in full and shared equally by ALG and you. In the event that an arbitration hearing is canceled resulting in a cancellation fee, the party initiating the request or causing the cancellation shall bear the full cost of the cancellation fee, unless you and ALG agree otherwise.
Assignment. You may not assign, transfer, or otherwise delegate any of your rights, duties, or obligations under this Agreement in whole or in part.
Waiver. The failure on the part of ALG to exercise any right or remedy hereunder will not operate as further waiver of such right or remedy in the future or any other right or remedy.
Severability. In the event that any provision of this Agreement is held invalid or unenforceable in any circumstances, the remainder of this Agreement, and the application of such provision in any other circumstances, will not be affected thereby.
Entire Agreement. This Agreement, including all agreements and policies referred to and incorporated herein, constitutes the final and entire agreement between the you and ALG, and supersedes any and all prior written and oral agreements, understandings, or communications with respect to the subject matter of this Agreement.
Headings and Titles. Headings and titles are inserted for convenience only and in no way intended to interpret, define, or limit the scope or content of this Agreement or any provision thereof.
Last updated: June 23, 2022