Terms and Conditions

You (the “Customer” or “You” or “Your”)must completely agree to these terms and conditions before utilizing americanimmigration.us website for any purpose. You should read these terms and conditions before utilizing any of our products and/or services, as these terms and conditions contain important information.

The americanimmigration.us website is operated as well as maintained by American Immigration, Inc., American Immigration, Inc.,(“AIS,” “our” “we,” or “us”), utilizing our website www.americanimmigration.us (“Website,” or “Site”), offers: (i) immigration related information as well as products; and (ii) an automated technical software solution for filling out some U.S. immigration forms utilizing the specific information as well as directions you provide, which AIS then delivers to you along with instructions (hereafter referred to as the “Service”).

The American Immigration offers the Services subject to these Terms and Conditions (the “Terms”), which might be updated by us from time to time on a regular basis. These updates on the Terms will be carried out at our own discretion, as and when we deem necessary.

By utilizing the Website and/or purchasing our Service, you acknowledge as well as agree that:

AIS IS NOT A GOVERNMENT AGENCY. AIS IS NOT ENDORSED BY OR AFFILIATED WITH ANY FEDERAL, STATE OR LOCAL GOVERNMENT AGENCY IN ANY WAY. AIS IS NOT A LAW FIRM AND THE SERVICE IS NOT A SUBSTITUTE OR ALTERNATIVE FOR THE ADVICE OF AN ATTORNEYs.

AIS does not offer legal advice/service

AIS and/or any of its employees DO NOT offer any legal advice or legal services in any manner. This Website is not intended to, and does not, create or promote any attorney-client association or relationship.

AIS does not offer the legal services that an attorney offers. Also, we will not offer any advice, explanation, opinion, suggestion or any recommendation about your legal rights, options, legal solutions, strategies or selection of forms.

Please be informed that no attorney-client relationship or association will be created between you, AIS, AIS stakeholders or any of its employees through your utilization of this Website or purchase of the Service.

You possess complete freedom to consult with as well as seek advice and retain an attorney of your choice at any time. If you have any legal doubts, questions or specific problems, please get legal advice from any qualified attorney of your choice.

AIS Major Advantage

One of the major advantages as well as benefits of our Website is offering information about the U.S. Citizenship as well as Immigration Service and U.S. Department of State application processes and also requirements.

Our Website facilitates you access to an automated, user-friendly DIY (‘Do-It-Yourself’) technical software solution. This solution helps and guides you through the process of preparing an application, based on the specific and particular information you provide as well as decisions you make.

Compliance with Terms

Through accessing our Website and/or utilizing our Service in any way, you understand and completely agree to comply with and be bound by these Terms. Also, when utilizing AIS Website and our Service, you understand and completely agree to abide by any posted and listed guidelines for all of AIS’s services, which might change from time to time, and to comply with all applicable regulations, rules as well as laws.

Any utilization of the Website and/or Services by you after AIS’s publication of any such changes, modifications or updates shall constitute your complete understanding and acceptance of these Terms, as modified, with regard to any additional utilization of the Website or additional purchase of Services.

Discontinue usage if you do not agree

If you object to or do not agree to any of these Terms, any guidelines, or any subsequent modifications, or if you become dissatisfied with AIS, the Website and/or the Services, you should immediately and promptly discontinue utilizing the Website as well as the Services. Please be informed that these Terms remain in complete force and effect as long as you are a user of the AIS Website and/or a registered user.

In the event of termination and/or discontinuation of any membership, feature or service, please be informed that you will still be bound by your obligations under these Terms, including any warranties, indemnifications as well as limitations of liability. You should periodically and regularly go through these Terms. AIS reserves complete right, at any time, to change, modify or update the Terms by publishing revised terms on the Website.

You understand and completely agree that AIS is permitted and allowed to access as well as utilize any other information and/or details given by you to perform the Service as well as, if required, to access such information to gather contact information so as to give notifications associated with the Service AIS offered to you.

IF YOU DO NOT AGREE TO ANY OF THESE TERMS, DO NOT UTILIZE THIS WEBSITE IN ANY MANNER. BY UTILIZING THIS WEBSITE AND AGREEING TO THESE TERMS, YOU HEREBY CONFIRM THAT YOU ARE AT LEAST 18 YEARS OLD AND ALSO THAT YOU ARE LEGALLY COMPETENT AND ELIGIBLE TO ENTER INTO A CONTRACT.

Website as well as Service Access and Your Utilization-Related Restrictions

AIS grants you a revocable, non-transferable, nonexclusive and limited license to access our Website and utilize our Service strictly for your own personal use only. You may not download, copy, change or modify any portion or part of the Website except as expressly permitted by AIS. No Materials (as stated in this Terms) from the Website may be copied, republished, reproduced, uploaded, shared, posted, transmitted, or distributed in any way without obtaining AIS’s expressive, written permission.

Any violation of these Terms will result in the automatic termination, without any notice or intimation, of your license to access the entire Website as well as utilization of the Service, and also may constitute the infringement of AIS’s copyright, trademark and/or other rights.

You understand and completely agree not to access or try to access any computer system, hardware and/or software of AIS, its programs, its information, details or its data that are not made available for public use. Except as expressly stated herein, you are not granted or offered any right or license, by implication, estoppel, or otherwise, in or to any patent, copyright, trademark or proprietary right of AIS’s or any third party, in association with your usage of the Website as well as any Materials provided by AIS or any other third party on the Website.

All elements of the Website, including custom graphics, logos, images, page headers, footers, sounds, button icons, as well as the “look and feel” of the Website (including its design, layout, color schemes, color combinations, icons, button shapes as well as other graphical elements) are protected by copyright, trade dress and other state as well as federal laws and may not be copied, used or imitated, in whole or in part.

You accept and completely agree that you will not:

Account Registering

Please be informed that you are free and allowed to browse our Website and view public content without completing the registration activity. But, as a condition to utilizing certain specific aspects of the Website or purchasing or buying Services, you must ensure that you register with us as well as create a User ID comprising a password and valid email address (collectively called as ‘User ID’).

You must provide us authentic, accurate as well as complete registration information. Not doing so due to any reason breaches of these Terms and may even result in termination of your account, without any necessity on AIS to offer any explanation to you.

Please note that you do not utilize:

We may cancel a User ID, refuse and/or reject registration or deny you access to the entire Website and/or part of the Website in our sole discretion, authority and rights.

You take complete responsibility for keeping your password as well as security information confidential and secret without disclosing it to anybody else. Do not use another user’s account without express written permission and approval from that user given for usage.

You are solely responsible for any activity and/or transaction that are conducted utilizing your account.

It is expected that you must notify us immediately and swiftly in writing of any unauthorized use or access of your account or any other security breach of which you are aware and any other website-related violations or breaches that you come to know about.

Please read our Privacy Policy available in AIS Website completely. It explains and describes the personally identifiable information that we gather, use, disclose, reveal, store as well as manage. You may not handover, transfer or resell your User ID or access to our Website to anybody. We are not liable and held accountable for any harm or issues caused by the theft, pilfering, disclosure or misappropriation of your User ID, or from you letting anybody else utilize your User ID.

Privacy Policy

AIS’s Privacy Policy, as displayed on this Website, is part of these Terms. Please read it completely, because you understand and agree that it applies to our collection as well as use of information from you.

Fees and Pricing

The prices listed or posted on our Website are the fees that we charge for our Service that we provide. The U.S. Department of State and the U.S. Citizenship and Immigration Services (formerly INS) may charge additional processing as well as filing fees, as applicable. Please be informed that these fees are not included in our prices in any manner.
You must pay these fees to the government separately at the time your application is getting submitted, as per the government directives about their fees.

Policy about Refund

All the returns and/or refund will be calculated as per the actual purchase price paid at the time of purchase or buying. The returns for credit as well as debit card transactions are issued within two (2) business days, nevertheless it might take up to six (6) business days for the credit to post to your bank account or credit card account or any other relevant account.

Physically Shipped Products & Media

If you have mistakenly or incorrectly received a different product than what you have ordered, or if the product is defective or faulty upon receipt, we will replace the product without any additional cost to you, after your intimation about the issue.

If you cancel or revoke your submitted order before the product is shipped, we will refund the full and complete purchase price. In case, if you cancel your order after the product is shipped, we will not issue a refund in such a scenario. You completely agree and understand about the Terms before you initiate any of your purchase with us.

Refunding Related with Online Form Filling & Completion Service

In case if you are requesting for a refund for your purchase or buying of the Service over our Website, you must put forth your request within ninety (90) days of the date you paid us for the Service.

Please note that if you request for a refund once after you click or hit the ‘Finish,’ ‘Print’ or ‘Submit’ button, we will not be able to issue a refund since your form will have been created and either delivered to you or, as requested by you, to the USCIS for processing the form.
If you request a refund before you click or hit the ‘Finish,’ ‘Print’ or ‘Submit’ button, then we will refund the full and entire price that you have paid with us.

Products that are Downloadable

Please note that all our download products that you successfully download from us (as per our AIS records) are non-refundable and you cannot claim any refund for the downloadable products. At our own discretion, we may provide special offers on our Website, via e-mail, phone or otherwise. If there is a variation, difference or conflict between the terms of the special offer and these terms, the Terms of the special offer is applicable.

To put forth a request for an exchange or refund, contact Customer Service through telephone during regular and routine business hours at the telephone number given when you logged in to the Website. You may also visit our Contact Us page and request that the Customer Service team could contact you over telephone to discuss about a refund request. Please note that customers ineligible or unsuitable for a refund may be granted a partial refund, which is solely at our discretion.

We are not accountable or liable for any refund amount or refund monies due to technical problems or any technical issues on your computer, including but not limited to: network issues, inability to install Adobe Acrobat Reader, printer issues, mouse and/or keyboard issues, Internet connectivity and/or any other computer issues.

In spite of anything to the contrary or difference herein, with regard to refund requests for Online Form Completion Services only, if you are a resident of the state of California, Illinois, Maryland, Michigan, Minnesota, New York or Washington, please note that you have the right to cancel the transaction for any specific reason, and you can receive a full refund, within either four (4) business working days or ninety six (96) hours of committing or entering into the contract for such services, whichever is longer as applicable.

Electronic Filing (E-Filing)

If you desire and willing to utilize AIS’s Electronic Filing Service, please be informed that we will provide the service by forwarding or sending your completed application to the USCIS electronically.

It is your responsibility to ensure that you are reviewing your application for errors or any issues before electronically filing or mailing it. You must be expected to verify the status of your application to confirm that the USCIS has received as well as accepted your application.

You are completely responsible for filing your e-filed application manually, in case if the USCIS rejects it. Please note that we cannot guarantee or provide any assurance that the USCIS will accept your application and we cannot be held responsible for rejection or refusal of your application due to any circumstance or scenario that is beyond our control, such as incorrect information or data, ineligibility, or a failure of the USCIS e-file system due to any reason.

By utilizing E-Filing, you understand and completely agree to the disclosure to the USCIS (and any other immigration-related U.S. government authority) of all information relating to your usage of the Electronic Filing Service. Moreover, you also agree that we can request Electronic Filing (E-Filing) receipts from the USCIS on your behalf, as required.

Moreover, if you choose e-filing, for certain specific applications the USCIS may need that you utilize an account created on USCIS’ Electronic Immigration System (ELIS). ELIS is a website operated as well as maintained by the U.S. government.

In opting to e-file any applications that need utilization of the ELIS system, you are willing and expressly authorizing AIS to setup as well as manage an account on your behalf directly tied to the e-filed application that you submitted through the AIS Site, including creating a unique and distinctive: (1) e-mail ID or e-mail address, (2) password, as well as (3) answers to security-related questions, if any.

Please be informed that AIS will continue its interaction or communication with the ELIS system, as required, to process updates to the e-filed application that you submitted or presented through the AIS Site. Details and/or information that you have given to AIS through the AIS Website will also be given to the ELIS system as well as the U.S.Government.

Moreover, the utilization of the ELIS system will need you to consent or agreeing to:

Whenever needed, you may Contact Us and request as well as obtain full, independent control of the ELIS account uniquely tied to the e-filed application you submitted using the AIS Website. Nevertheless, please be advised and informed that if you do so, it may result in interruption of AIS’s Electronic Filing Service and we will no longer be able to ascertain that we will be able to continue to offer you with updates as well as support.

Our Service Limitations

You understand and completely agree that AIS is in no way responsible for any denial or rejection of your immigration application due to ineligibility for the immigration benefit which you are seeking, due to the failure on your part to timely, accurately or properly file your application, or for any circumstances or scenarios outside our control.

Moreover, you completely agree and acknowledge that USCIS publishes updated forms as well as changes filing fees from time-to-time. Due to any reason, if you delay submitting or filing your application to USCIS, be sure to confirm as well as assure that USCIS still accepts the form that you have printed and also that the filing fee has not been changed. You can do so whenever you prefer by logging into AIS’s Application Support Center.

Please print your forms only on U.S. letter-sized paper (that is, 8.5 inches by 11 inches). This is the only paper size that USCIS currently accepts as approved size. We cannot be held responsible if the USCIS does not follow its own guidelines as published on its website.

You completely agree and acknowledge that we may set limits on the use of the Service as well as reserve the right at any point in time to modify, update or change the availability of the Service (or any part thereof), including but not limited to the Website’s functionality, content, services or available hours, upon publishing notice of such changes and/or updates and/or modifications on our Website.

Force Majeure

We at AIS cannot be held responsible for any failure or delay or default in any performance or delivery of products and/or services due, without limitation, to acts of God, blockade, embargoes, riots, war, warlike situations, governmental restriction, labor disturbances, strikes, wrecks, epidemics, quarantine, flood, fire, earthquake, explosion, any unforeseen change in circumstances, or any other causes or issues beyond our reasonable control.

Indemnification

You understand and completely agree to indemnify, as well as hold AIS, its affiliates, officers, subsidiaries, affiliates, assigns, successors, directors, officers, agents, third party service providers, suppliers, attorneys as well as employees, harmless from any demand, requirement or claim including, but not limited to, reasonable attorneys’ fees, legal expenses as well as court costs, made by any third party due to or arising out of your usage of the Service and/or our Website, your violation of the Terms, or your breach of any of your agreements, acknowledgements, representations as well as warranties herein and you also understand and completely agree that you will be abiding by the Terms listed here.

You completely agree and acknowledge that AIS has fixed its prices and has given access to the website in compliance of these limitations of liability as well as damages and the indemnity in these terms, and that these limitations are an indispensable basis upon which AIS offers its website and provides its services.

You understand and completely agree that the limitations of damages as well as liability and the indemnity in these terms are valid and apply even if found to have failed of their essential or core purpose in any manner.

Limitations of Damages & Liability

You understand and completely agree that AIS’s legal liability, inclusive of the liability of its any shareholders, affiliates, directors, officers, employees or agents, for any claim made by you or your authorized person arising out of your utilizing of the website or purchase of the Service shall be limited to the amount or monies you paid to AIS, except as given in the arbitration agreement furnished below. At no point of time and/or under no circumstances will particular, consequential, special, incidental or punitive damages be awarded or provided, even if AIS has been advised and/or intimated about the possibility or likelihood of such damages.

It needs to be noted that some states do not allow or facilitate the limitation or exclusion of consequential or incidental damages, and hence this exclusion may not be applicable to you.

Content Ownership

This AMERICANIMMIGRATION.US website is owned as well as operated by AIS. AIS or the appropriate third parties possess all rights, title as well as interest in and to all the materials offered on this website (excluding any Government documents as well as forms), including but not only limited to the AMERICANIMMIGRATION.US website look and feel (such as site layout, site design, color scheme and combinations, button and icon shapes as well sizes and all other graphical elements), documents, information details, graphic items, audio sounds, logos, mastheads, page headers as well as footers, buttons, icons, trademarks, service marks, trade dress and images (collectively, the ‘Materials’).

Except as otherwise explicitly offered by AIS, you are not supposed to copy, reproduce, republish, download, upload, list, post, display, show, transmit or distribute the Materials in any manner.

Nothing and nowhere on this AMERICANIMMIGRATION.US bestows any license or authorization, express or implied, of AIS’s intellectual property rights. Pleases be informed that any rights that are not granted to you by these Terms of Use are completely reserved by AIS. AIS completely owns all Website design, color schemes, text, sitemap, graphics, and the selection as well as arrangement thereof.
Copyright © 2015, US-Immigration Center, Inc. ALL RIGHTS RESERVED.

Third Party Sites Links

Please note that this Website might link to other third party websites that are independent and not dependent upon AIS. These third party website links are offered only as a convenience. AIS does not make any warranty or representation or commitment as to the accuracy, reliability, authenticity or completeness of the information contained in, or the services or products offered or sold by any such third party site.

You may visit any such third party website at your own risk and/or willingness. You understand and completely agree that the AIS cannot be held responsible for any damage or loss or problems or issues of any sort that you may incur from dealing and/or interacting with such third party website(s).

Digital Millennium Copyright Act (DMCA)

The Digital Millennium Copyright Act, also known as DMCA, is a United States copyright law. If you deemed to be a copyright owner or an agent and have a reason to believe that any Material or items or content on our Website infringes or violates your copyright, you may submit or issue a notification under the Digital Millennium Copyright Act by giving the following information in writing (You can see 17 U.S.C 512(c)(3) for additional details):

Our approved and designated agent to receive notifications of claimed infringement is available at: American ImmigrationInc, 300 Delaware Avenue, Suite 210-A, Wilmington, DELAWARE 19801, Attention: DMCA Notice.

Please note that only the DMCA notices should be sent to the agent in the above address; any other communications or mail or letter should not be sent to this address and should be directed to our customer service department through our Contact Us page in this website.

 

Association between You &AIS – Choice of Law

The Terms and the relationship or association between you and AIS shall be governed by the laws as well as regulations of the State of Wyoming without regard to any conflicts of laws principles.

Polices and Rules Enforcement

We may enquire and/or investigate any reported violation or infringement of our policies or complaints and take any appropriate and necessary action that we deem appropriate and relevant. While we are not obligated or required to take any kind of action, please be informed that such action might include, but is not limited to, issuing warnings, suspension, removal or termination of your rights to utilize our entire Website.

You understand and completely agree that AIS shall not be liable to you or any third party in any way for any termination of your access to our Website, and you agree not to attempt or try to utilize our Website after said termination.

Please note that we also reserve complete right to report any activity that we suspect violates any regulation or law to appropriate law enforcement officials or government authorities or any other third parties that we deem relevant.

With the purpose of protecting our property, rights, personal safety, security and those rights, property as well as the personal safety and security of our users and viewers, and to ensure the integrity as well as operation of our business and systems, we may prefer to cooperate and coordinate with any law enforcement request for information or documents, any court order or any administrative, civil or criminal subpoena, and we may disclose and/or share your information (including, without limitation, user profile information, that is name, phone number, e-mail address, and so on, IP addressing traffic information, and usage history with respect to a user in connection with such circumstances and any such scenarios.

You, hereby understand and agree that you are solely responsible for the content or any information or details that you submit on or through our Website, and any content or information or details that you transmit to or share with other users or third party advertisers on our Website.

Dispute Resolution by Binding Arbitration

You are required to read this carefully. It impacts your rights. It is hereby required that you go through this.

Almost majority of your concerns or issues can be resolved swiftly as well as quickly to your satisfaction by contacting our Customer Service Center through our Contact Us page. In the unlikely or improbable event that our Customer Service could not able to resolve your complaint or issue to your satisfaction, or in case if we have not been able to resolve a dispute with you after striving to do so informally, we each agree to resolve those disputes as well as issues through binding arbitration instead of in a court.

When considering and comparing to a lawsuit, arbitration is less formal. Instead of a jury or judge, arbitration utilizes a neutral arbitrator. Arbitration facilitates less discovery than courts, and is subject to considerably limited court review. We understand and also agree that any arbitration considered under these Terms will take place on an individual basis. Please note that representative, group, collective or class actions or arbitration’s are not allowed or permitted.

As explained and detailed below, if you prevail in arbitration, AIS is willing to pay you more than the amount of the arbitrator’s award and will pay your reasonable or fair, actual attorney’s fees if you are awarded an amount greater than what AIS offered you to amicably settle the dispute or issue before arbitration.

Please note that you may speak with or get in touch with your own attorney or lawyer before utilizing this Website or purchasing any Service, but your usage of this Website as well as the purchase of any Service constitutes your agreement and acceptance to these Terms.

The Arbitration Agreement is given below:

  1. Please note that AIS and you agree to arbitrate all the arising disputes as well as claims between us before a single arbitrator. The kinds or types of claims as well as disputes we agree to arbitrate are intended to be broadly interpreted and construed, including but not limited to the:
    • issues or claims that arose before these or any other prior Terms became effective;
    • issues or claims arising out of or associated with any aspect of the relationship or association between us, whether based in contract, statute, tort, deceit, fraud, misrepresentation, advertising, or any other legal theory;
    • issues or claims that are currently the subject of proposed or purported class action litigation in which you do not belong to be a member of a certified class; and
    • issues or claims that may arise after the termination of these listed Terms.

For the consideration and purposes of this Arbitration Agreement stated here, references to ‘AIS,’ ‘us’ as well as ‘you,’ include our respective agents, subsidiaries, affiliates, staffs, employees, employers, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Services under these Terms or any prior or earlier agreements and/or understanding between us.

Please note that this arbitration agreement does not preclude or prevent you bringing issues to the attention or to the notice of federal, state, or local agencies. Such agencies can, if the law permits and allows, seek relief against us on behalf of you. You understand and completely agree that, by entering into these Terms, you and AIS are each waiving and relinquishing the right to a trial by jury or to participate in a group, representative, collective arbitration or class action.

You understand and acknowledge that usage of this Website and/or purchase of Service constitutes a transaction in inter-state commerce.

Please be informed that the Federal Arbitration Act (also known as ‘FAA’) governs the interpretation as well as enforcement of this Arbitration Agreement. Please also note that this Arbitration Agreement survives and considered valid even if these Terms are terminated.

  1. A party willing or seeking for arbitration under these Terms must first send, by the U.S. certified mail, a written Notice of Dispute (in short, ‘Notice’) to the other party. A Notice to AIS should be sent to the address: American Immigration Inc, 1623 Central Ave,Suite 145, Cheyenne,WY 82001, Attention: Notice of Dispute followed by the notice address.

Please be informed that AIS may send a written Notice to the electronic mail (e-mail) address that you have given. For this purpose, AIS will utilize the e-mail address that you have provided when you created an account, if any. Please also note that the Notice of Dispute must (i) describe or detail the nature as well as basis of the dispute or claim and (ii) set forth the specific or particular relief sought (that is, ‘Demand’).

Please note that if AIS and you do not reach an agreement to amicably resolve the claim or issue within thirty (30) days after the Notice is received, you or AIS may commence or initiate an arbitration proceeding.

At the time of the arbitration, the amount of any settlement offer made by AIS or you shall not be disclosed or intimated to the arbitrator until after the arbitrator decides the amount, if any, to which you or AIS is entitled for claim.

  1. Once AIS receives or gets notice at the Notice Address that you have commenced arbitration, it will promptly and quickly reimburse you for your payment of the filing fee, unless your total claim amount is for more than $75,000. In case, if your total claim exceeds the value $75,000, the payment of all arbitration fees will be governed and ruled by the American Arbitration Association (AAA) rules. Please note that the
    filing fee for consumer-initiated arbitrations is currently fixed as $200, but this is subject to change or modification by the arbitration provider.

If you are unable to pay this fee due to any reason and your total claim is for $75,000 or less, then AIS will pay the filing fee directly after getting a written request at the Notice Address. Except as otherwise provided herein, AIS will pay all AAA filing, administration as well as arbitrator fees for any arbitration initiated in accordance with these Terms. If, still, the arbitrator notices or finds that either the substance of your claim or the relief sought in the Demand is frivolous or not serious or brought for an inappropriate and/or unlawful purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed as well as monitored by the AAA Rules. In such an event, you completely agree to reimburse the AIS for all monies or amount previously disbursed by AIS that are otherwise your obligation to pay as per the AAA Rules.

All arbitration proceeding will be governed and monitored by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (known as the ‘AAA Rules’) of the American Arbitration Association (AAA), as modified or changed by these Terms, and will be dealt with and administered by the AAA.

You can avail the AAA Rules online at www.adr.org or by calling the AAA phone number at 1-800-778-7879. Please note that the arbitrator is bound by these Terms. All issues or problems are for the arbitrator to decide and determine except that issues or problems associated with the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to take decision(s).

Please note that unless AIS as well as you agree otherwise, any arbitration hearings will take place in the parish or county of the contact address that you have submitted to AIS. In case if your total claim is for $10,000 or less, you may choose or prefer whether the arbitration will be conducted solely on the basis of documents submitted or provided to the arbitrator, by an in-person hearing or by a telephonic hearing governed by the AAA Rules. If you choose or prefer to proceed either by telephone or in person, please be informed that we may choose to respond only by
written or telephone. In case, if your claim exceeds $10,000 value, the AAA Rules will determine whether you have any right to a telephone or in-person hearing. The parties involved understand and agree that in any arbitration under these Terms, neither party will rely as well as depend on any award or finding of fact or conclusion of law made in any other arbitration to which AIS was a party. It need to be noticed that in all cases and scenarios, the arbitrator shall issue a reasoned, written decision that is sufficient enough to explain the findings of fact as well as conclusions of law on which the award is based upon.

  1. In case if the arbitrator finds and decides in your favor in any respect on the merits of your claim, and the arbitrator issues or delivers you an award that is greater than the value of AIS’s last written settlement offer made before an arbitrator was chosen, then AIS will pay you either the amount of the award or $2,000 (known as the ‘Alternative Payment’), whichever amount is greater, and additionally the actual
    amount of reasonable attorney’s fees as well as expenses that you incurred in investigating, preparing, arranging and pursuing your claim in arbitration (that is, the ‘Attorney’s Payment’).

Please note that in case if we did not make you a written offer to amicably settle the dispute or issue before an arbitrator was selected, you will be entitled to get the Alternative Payment as well as the Attorney’s Payment, respectively, if the arbitrator awards you any relief based on the merits. The arbitrator may make rulings as well as resolve disputes as to the payment as well as reimbursement of expenses, fees, and the Alternative Payment and also the Attorney’s Payment at any point in time during the proceeding as well as upon request from either party made within the span of fourteen (14) days of the arbitrator’s ruling on the merits.

In assessing and evaluating whether an award that includes attorney’s fees or expenses is greater than the value of AIS’s last written settlement offer, the arbitrator shall take into consideration only the actual attorney’s fees or expenses reasonably incurred before AIS’s settlement offer.

  1. Please note that the right to attorney’s fees as well as expenses discussed in paragraph (D) adds with any right to attorney’s fees as well as expenses you may have under applicable law. In case if you will be entitled to more amount under applicable law, this provision does not preclude or prevent the arbitrator from awarding or giving you that amount.
    Nevertheless, please be informed that you may not recover duplicate awards of attorney’s fees or any costs. Even though under some laws AIS may have a right to an award of attorney’s fees as well as expenses from you if it prevails in an arbitration, AIS will not attempt for such an award.
  2. The arbitrator may award monetary as well as injunctive relief only in the favor of the individual party asking for relief and only to the extent deemed necessary to offer relief warranted by that party’s individual claim. You and the AIS understand and agree that each may bring claims against the other only in your or AIS’s individual capabilities and not as class members or plaintiffs in any proposed or purported representative, group or class action or arbitration, or in the capacity of a private attorney general.

Moreover, unless you as well as AIS agree otherwise, the arbitrator may not make a decision to consolidate more than one person’s claims, and may not otherwise preside over any form or type of a representative, group or class proceeding. Please note that the arbitrator may award or provide any relief that a court could award that is individualized to the claimant and would not affect or impact other customers or clients.

Please also note that neither you nor AIS may seek non-individualized relief that would affect or impact other customers or clients. In case if a court decides that applicable law precludes or prevents enforcement of any of this paragraph’s limitations as to a particular or specific claim for relief, then only that claim must be severed from the arbitration and may be brought in court. All other claims stay or remain subject to this Arbitration Agreement, as stated here.

  1. In case, if the total amount in dispute exceeds the value $75,000 or either party seeks any form of injunctive relief, either party may appeal the award or file an appeal against the award to a three-arbitrator panel administered and/or governed by AAA by a written notice of appeal within 30 days from the date of entry of the written arbitration award.

Please note that an award of injunctive relief could be stayed and could not be executed during any such appeal. The three-arbitrator panel’s members will be selected or chosen as per AAA rules. The three-arbitrator panel will issue or deliver its decision within a period of 120 days of the date of the appealing party’s notice of appeal. Please be informed that the decision of the three-arbitrator panel shall be
final as well as binding, subject to any right of judicial review that exists under the FAA.

  1. Despite any provision in these Terms to the contrary, we understand and agree that if we make any material change or modification to this arbitration provision, other than a change or modification to any notice address, telephone number or website link, that change or modification will not be applicable to any disagreement or dispute of which we had written notice on the effective date of the change.
    Moreover, in case if we seek out termination of this arbitration provision, any such termination will not be considered effective until at least 30 days after written notice of such termination is given to you, and shall not be effective as to disputes which arose prior to the termination date.

If you want to contact AIS with respect to a complaint about the Service, you may visit the Contact Us page in this website.

Miscellaneous

These Terms establish and constitute the entire agreement between you and AIS. They govern your usage of the Website as well as the Service and replace as well as override any prior agreements between you and AIS. Please note that AIS’s failure to exercise or enforce any provision or right of the Terms shall not constitute or considered to be a waiver of such provision or right. The Terms do not limit or confine any rights that AIS may possess under copyright, trade secret, patent or other laws applicable. AIS’s employees and/or staffs are not authorized or entitled to modify the Terms, or to make any further representations, commitments, or warranties binding on AIS, except in writing signed by an authorized and
recognized AIS official. In case if any provision and condition of these Terms is found to be invalid, you understand and completely agree that the other provisions and conditions of the Terms remain in full force and effect as well.

You understand and completely agree that irrespective of any law or statute to the contrary, you must file any claim associated with the usage of the Website, the Service or the Terms within one year after such claim arose or be barred and disqualified forever. You also understand and completely agree that the Terms shall not be construed or interpreted against the drafting party, that is, AIS.

Please be informed that you represent, warrant as well as agree that, by utilizing the Website and/or the Services, you have carefully and completely read as well as considered these Terms and fully understand its contents; you are agreeing and consenting to these Terms of your own free will, based upon your own judgment independently and without any coercion or compulsion or retaliation associated fear; and you have had a chance to consult and confer with independent legal counsel with regard to these Terms listed.

Moreover, unless both you as well as AIS agree otherwise, no arbitrator or court may consolidate more than one person’s claims or otherwise command or control any form of a representative or class action based on any claim you may put forward against AIS.

In case if you breach or violate any of these Terms, AIS will, in addition to all other available remedies to us, be allowed and entitled to the equitable remedies of a temporary restraining order, preliminary and/or permanent injunction as well.

Technical Support

If you face a technical problem in accessing and/or printing your completed application, or some other trouble or problem or issue, our customer service agents or representatives may be able to help and provide support. If you inform a customer service agent or representative to remotely control your computer so as to try to resolve your problem or issue, you acknowledge as well as accept that AIS is not liable for any technical trouble or issues that may remain or arise with your computer after doing so.

If you inform AIS to send your completed application to you, you are particularly authorizing and/or enabling them to log in to your account to generate your application as well as view your application data.

Notice Given to California Users

As per California Civil Code Section 1789.3, California users of the AIS Website are entitled to the following particular consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be approached or contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Latest Update done on Feb 13th, 2017.