Terms and Conditions
Last updated: November 2013
THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS LIBERTY WAIVERS WEBSITE.
Welcome to the Internet site of US Entry Waiver. (“US ENTRY WAIVER”). These Terms and Conditions apply to this US ENTRY WAIVER Website. By using this US ENTRY WAIVER website, or any of the products or services (collectively the “Services”) available on this US ENTRY WAIVER website, you agree, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with any particular US ENTRY WAIVER website or Service, all as may be modified by US ENTRY WAIVER from time to time in its sole discretion (collectively the “Terms and Conditions”). If you do not agree with these Terms and Conditions, you may not use this US ENTRY WAIVER or any of the Services on this US ENTRY WAIVER website.
Please note that we reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check periodically for changes. Your continued use of this US ENTRY WAIVER website following the posting of any changes to these Terms and Conditions will mean you accept those changes.
- US ENTRY WAIVER helps its customers navigate the bureaucracy associated with the filing and processing of applications for U.S. entry waivers. We do not provide legal advice. Should you require legal assistance please consult a lawyer.
- US ENTRY WAIVER guarantees you our best efforts in assisting you with your US Entry Waiver application. We reserve the right to reject any application.
- OUR WAIVER GUARANTEE: If your waiver is not granted by the USDHS, US ENTRY WAIVER will fully refund your fees. The guarantee is subject to restrictions as set out in the US ENTRY WAIVER Guarantee.
- Once you authorize US ENTRY WAIVER to start working on your behalf all fees for our services become due immediately unless you have made other payment arrangements with US ENTRY WAIVER. If a payment plan is arranged, monthly payments will automatically be charged on your account without prior notice to you.
- US ENTRY WAIVER will work diligently but cannot guarantee a timeframe when you will receive your results as these are based on the response times of the involved government agencies.
- Non-payment of fees in a timely manner may result in your file being placed on hold unless you have made other payment arrangements with US ENTRY WAIVER. It may take up to 30 days for your file to be resumed after a late payment has been made, and a late fee may be applied to your account.
- All fees are subject to change without notice.
- Once US ENTRY WAIVER has received any form of payment; all fees, disbursement costs and charges paid to US ENTRY WAIVER are considered non-refundable.
The US ENTRY WAIVER Guarantee
US ENTRY WAIVER guarantees to obtain a waiver on your behalf or the service fee will be refunded in full, minus any service fees.
Service fees do not include:
* USDHS Processing
* Fingerprinting fees
The guarantee does not apply if you are found to be involved in criminal activity.
If you choose to terminate your waiver application for any reason the guarantee does not apply.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THIS US ENTRY WAIVER SITE AND ANY OF THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT US ENTRY WAIVER MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (as used in this section “WARRANTIES”) OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND (B) US ENTRY WAIVER SPECIFICALLY MAKES NO WARRANTIES THAT THIS US ENTRY WAIVER SITE OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THIS US ENTRY WAIVER SITE OR ANY OF THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
Restrictions on Use of Materials
All material, information and content (collectively “Content”) available on this US ENTRY WAIVER Site, including the manner in which such Content is presented, and the Services are: the sole property of US ENTRY WAIVER, its registrars, affiliates and/or licensors. All rights reserved. Such Content is protected by Canadian and worldwide laws and treaty provisions. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through this US ENTRY WAIVER Site or any of the Services, including without limitation, by caching, framing or similar means, without the prior written consent of the respective owner of such Content. US ENTRY WAIVER grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content and Services for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all proprietary notices.
All product, brand and company names and logos used or mentioned on this US ENTRY WAIVER website and print materials or any of the Services may be the trademarks or registered trademarks of their respective owners.
In consideration of the availability, and your use, of this US ENTRY WAIVER website or any of the Services, you agree to comply with all applicable laws and these Terms and Conditions when using this US ENTRY WAIVER or Service. You agree not to use this US ENTRY WAIVER website or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying this US ENTRY WAIVER website, any of the Services, or the Internet; defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity; post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, trojan horse, worm or any other harmful or disruptive component.
US ENTRY WAIVER reserves the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. Except as otherwise expressly contemplated herein, changes will be effective when notice of such change is posted on this US ENTRY WAIVER website. If any change is not acceptable to you, you must discontinue your use of this US ENTRY WAIVER website and any of the Services immediately. Your continued use of this US ENTRY WAIVER website or any of the Services after any such changes are posted will constitute acceptance of those changes. Further, US ENTRY WAIVER reserves the right to change, modify, suspend or discontinue any aspect of this US ENTRY WAIVER website, Services or Content from time to time without notice or liability and for any reason whatsoever.
Content Linked to this US ENTRY WAIVER Website
Please exercise discretion while browsing the Internet. As well, note that certain links on this US ENTRY WAIVER website may take you to other websites. US ENTRY WAIVER provides these links only as a convenience and not as an endorsement by US ENTRY WAIVER. These linked sites are not necessarily under the control of US ENTRY WAIVER. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. US ENTRY WAIVER is not responsible for the content of any such linked sites or any other web page which is not part of this US ENTRY WAIVER website and under US ENTRY WAIVER’ control. Unless otherwise expressly provided, US ENTRY WAIVER makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that US ENTRY WAIVER will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from this US ENTRY WAIVER website.
Dealings with Third Parties
You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, this US ENTRY WAIVER website or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. US ENTRY WAIVER assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be yours alone. You agree that US ENTRY WAIVER shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.
You agree to defend, indemnify and hold harmless each of US ENTRY WAIVER, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on this US ENTRY WAIVER website, from and against any and all claims, actions or demands, including without limitation legal and accounting fees, resulting from or related to: (A) your breach of any of these Terms and Conditions; (B) your access to or use of this US ENTRY WAIVER Site, Services or Content; or (C) your use or reliance on, or publication, communication or distribution of anything on or from this US ENTRY WAIVER website or through any of the Services. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL US ENTRY WAIVER, INCLUDING ITS AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER US ENTRY WAIVER HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OF THIS US ENTRY WAIVER SITE, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO THIS US ENTRY WAIVER SITE OR ANY OF THE SERVICES.
You expressly acknowledge that US ENTRY WAIVER has entered into this agreement, and has and will make this US ENTRY WAIVER website, Content and Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential foundation of the agreement between you and US ENTRY WAIVER. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.
You acknowledge and agree that US ENTRY WAIVER, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, this US ENTRY WAIVER website or any of the Services, and remove and discard any information or content related to this US ENTRY WAIVER Site or any of the Services (and your use thereof), for any reason, including where US ENTRY WAIVER believes that you have violated any of these Terms and Conditions. You further agree that US ENTRY WAIVER shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with this US ENTRY WAIVER Site or any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of US ENTRY WAIVER in operating this US ENTRY WAIVER website or any of the Services, your sole and exclusive remedy is to discontinue using this US ENTRY WAIVER website or any of the Services.
Arbitration and Actions
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions, your use of this US ENTRY WAIVER website or Service or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a “Claim”), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Vancouver, British Columbia in English and governed by British Columbia law pursuant to the Commercial Arbitration Act, as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. You agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
This agreement is personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between US ENTRY WAIVER and you pertaining to your use of this US ENTRY WAIVER website, Services and Content and supercede any prior agreements between you and US ENTRY WAIVER with respect to the subject matter hereof. US ENTRY WAIVER’ failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. No changes to these Terms and Conditions shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein. The parties have required that these Terms and Conditions and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s’y rattachent soient rédigés en anglais.
US ENTRY WAIVER
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