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Terms of Use

 

THESE TERMS OF USE (“AGREEMENT”) REPRESENT A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”) AND PATH2USA.COM, INC. (“HOSTING PROVIDER”, “WE”, “OUR”), GOVERNING YOUR ACCESS TO AND USE OF OUR TRACKITT.COM WEBSITE (“WEBSITE”). YOUR ACCESS AND USE OF OUR WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE AGREEMENT. PLEASE READ THE AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, DO NOT USE OUR WEBSITE.

1. Purpose of Website. This Website is a service made available by Hosting Provider. The purpose of our Website is to provide a forum for individuals to share and discuss details of their immigration applications for immigration to the United States of America, Canada, the United Kingdom, and Australia. All information displayed on our Website is provided by our Website users; the information is not extracted or compiled from any external source, entity, website, or database. The interactive features hosted on our Website, including but not limited to, reports, dashboards, analytics, prediction tools, trackers, discussion forums, online chat rooms, and emails (collectively, “Features”), may benefit our users in estimating the processing times of their applications. However, we make no guarantees or warranties that you will receive any such benefit from use of our Website or Features. Our Website and Features should not be relied upon nor used as a substitute for any materials or legal advice, including but not limited to, advice from an immigration attorney, immigration procedures, processing times, approvals, cutoff dates, statistical data, and contact information, published by the governments of any country.  Any analytics, reports, dashboards, and predictions we provide to you are simply estimations based upon current information made available to us by you, other users of our Website, and third party information sources. We have no involvement, control, or association with immigration offices and their staff. Our Website content and Features are for information purposes only and in no way are admissible in any proceedings you may have before such offices.

By visiting or using our Website or Services, you acknowledge and are aware that Hosting Provider is a private corporation and is not a Government agency. Further, you acknowledge and are aware that Hosting Provider is not a law firm and neither Hosting Provider nor any of its employees provide legal services or legal advice.

2. Limited License; Permitted Uses. You are granted a non-exclusive, non-transferable, revocable license (1) to access and use our Website strictly in accordance with this Agreement; (2) to use our Website and its materials solely for internal, personal, non-commercial informational purposes; and (3) to print out discrete information and search results from our Website solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other notices contained therein.

3. Restrictions and Prohibitions on Use. Your license to access and use our Website are subject to the following restrictions and prohibitions on use. You may not (1) copy, print (except for the express limited purpose permitted by paragraph 4, above), republish, display, publicly perform, publish, transmit, distribute, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of our Website, Features, or any information or materials retrieved from it; (2) use any materials from our Website and Features to develop, or as a component of, an information storage and retrieval system, database, information directory, or similar information resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (3) modify, adapt, edit, create compilations or derivative works of any materials from our Website and Features, including creating a competing website; (4) use any materials from our Website in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of Hosting Provider or any third parties; (5) remove, change, or obscure any copyright notice or other proprietary notice or terms of use contained in our Website; (6) make any portion of our Website and Features available through any timesharing system, service bureau, the Internet, or any other technology now existing or developed in the future; (7) remove, disable, defeat, or change any functionality or appearance of our Website; (8) decompile, disassemble, or reverse engineer any Website software or use any network monitoring or discovery software to determine the site architecture; (9) use any automatic or manual process to harvest information from our Website and Features; (10) use our Website for the purpose of gathering information for or transmitting (a) unsolicited commercial email; (b) email that makes use of Hosting Provider's name or trademarks, including in connection with invalid or forged headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (c) unsolicited telephone calls or facsimile transmissions; (11) use our Website in a manner that violates any state or federal law regulating commercial email, facsimile transmissions or telephone solicitations; and (12) export or re-export our Website or any portion thereof, or any software available on or through our Website, in violation of the export control laws and regulations of the United States.

4. Age Restrictions. Our Website is not targeted towards, nor intended for use by anyone under the age of 18. By using this Website, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use, access or register for our Website. Hosting Provider reserves the right to terminate your membership in the event that it becomes aware you are under 18. Use of the content or materials for any purpose not expressly set forth or permitted in this Agreement is prohibited.

5. Intellectual Property Rights. You agree that all right, title, and interest (including all copyrights, trademarks, service marks, patents, and other intellectual property rights) in this Website and its content belong to Hosting Provider, or its licensors, as applicable. Except for the limited license contained in paragraph 4 above, nothing in this Agreement grants or should be construed to grant any licenses or rights, by implication, estoppel or otherwise, under copyright or other intellectual property rights.

6. Policy on Unsolicited Commercial Email. Hosting Provider does not authorize the use of our Website for purpose of gathering information for or transmitting unsolicited bulk commercial email over the Internet to users of our Website or to other third parties. Internet email sent to or through Hosting Provider's computer systems or to users of our Website or to other third parties containing invalid or forged headers, invalid or non-existent domain names or other deceptive addressing is deemed counterfeit; the sending or attempt to send counterfeit email to or through the Provider's computer systems is strictly prohibited. Email that is relayed to or through the Provider's computer systems from a third party's mail servers without permission of such third party, or which employs a similar device to hide the real source of the email is also strictly prohibited. Hosting Provider prohibits anyone from sending email to or through its computer systems that violates this Agreement. Hosting Provider prohibits the harvesting of email addresses from our Website for the purpose of sending unsolicited bulk commercial email.

7. No Solicitation. You shall not distribute on or through our Website or to any persons or entities identified via our Website any content or material containing solicitations or advertising of any kind without the express prior written permission of the Hosting Provider. You are prohibited from soliciting employment through our Website or any of its interactive features. In interactive forums made available through this Website, including but not limited to trackers, discussion forums, online chat, and emails, you may discuss or recommend third-party Websites, goods or services, so long as you have no financial interest in and receive no direct or indirect benefit from such Websites, products or services, or the recommendation of such.

8. Postings. You agree not to post, publish, upload, or distribute in the interactive areas on this Website any messages, data, information, text, graphics, links, or other material ("Postings") which are intentionally, unintentionally, or may reasonably be considered to be:

  • false, inaccurate or misleading;
  • defamatory, libelous, abusive, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
  • pornographic or obscene;
  • infringing on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • anything that would constitute or encourage a criminal offense;
  • in violation of any local, state, federal, or international law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising, or the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ);
  • information for which you were compensated or granted any consideration by any third party;
  • information that references addresses, email addresses, contact information or phone numbers, other than your own; or
  • that contains any computer viruses, worms or other potentially damaging computer programs or files.

Hosting Provider may delete your Posting or terminate your account at any time for any reason without permission from you. Participants shall not misrepresent their identity or their affiliation with any person or entity. Our Website is provided as a means for members of the public to exchange ideas, suggestions and the like. It is unlawful to post copies of copyrighted materials without the owner's permission. Accordingly, any information you post must be created by you and must not be copied by you, in whole or in part, from any published source. You are responsible for whatever material you post, including its safety, legality, reliability, appropriateness, and originality. Use of this Website shall be for lawful purposes only. It is impermissible to use any obscene, indecent or offensive language, or place on our Website any material that infringes the rights of others in any way, or is false, defamatory, abusive, harassing or hateful or that encourages conduct that would constitute a criminal offense or give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation. You may not submit encrypted material or material that constitutes advertising of any product or service. Your failure to follow the terms and conditions set forth herein may subject you to civil and criminal liability. Hosting Provider will fully cooperate with any law enforcement authorities or court order, or issued subpoena requesting or directing Hosting Provider to disclose the identity of anyone posting illegal or injurious material. Hosting Provider is under no obligation to monitor postings or transmissions to our Website and is not responsible for or liable for the content of any information transmitted to this site. Hosting Provider does not conduct a review of the information or other material posted by others to this section of our Website and has not reviewed any such material. All use you make of information or other material posted to this Website shall be at your own risk. Hosting Provider does not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions, statements or other material posted by users of our Website.

9. Attorney Ethics Notice. If you are an attorney, participating in any aspect of this Website, including but not limited to, reports, dashboards, analytics, prediction tools, trackers, discussion forums, online chat rooms, and emails, you acknowledge that rules of professional conduct apply to all aspects of your participation and that you will abide by such rules. The rules include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorized practice of law, and misrepresentations of fact. Hosting Provider disclaims all responsibility for your compliance with these rules. You further agree and acknowledge that when you participate in any interactive area on our Website, including but not limited to reports, dashboards, analytics, prediction tools, trackers, discussion forums, online chat rooms, and emails, you will provide general legal information only, and will not offer legal advice and will not solicit employment from prospective clients.

10. No Legal Advice or Attorney-Client Relationship; Release. Information contained on or made available through our Website, including but not limited to reports, dashboards, analytics, prediction tools, trackers, discussion forums, online chat rooms, and emails, is not intended to and does not constitute legal advice, recommendations, mediation, or counseling under any circumstance and no attorney-client relationship is formed. Nothing submitted to this Website is treated as confidential. Hosting Provider does not warrant or guarantee the validity, accuracy, completeness, adequacy, legality, quality, usefulness, or currency of the information contained in or linked to our Website. Your use of information on our Website or materials linked from our Website is entirely at your own risk. Because we are a venue, in the event that you have a dispute with one or more users of our Website, you, on behalf of yourself (and any of your officers, directors, employees, agents, predecessors, successors and assigns), hereby irrevocably, release and discharge Hosting Provider, our officers, directors, employees, attorneys, predecessors, successors, assigns and agents from, against and in respect of all past, present and future claims, rights, actions, causes of action, suits, indemnification obligations, losses, liabilities, matters, issues, cost, and expenses, of any kind or nature whatsoever, including without limitation court costs and attorneys' fees, whether known or unknown, concealed or hidden, fixed or contingent, suspected or unsuspected, in law or in equity concerning, related to, or arising out of any such disputes. To ensure that the release provided in this Agreement is fully enforceable in accordance with its terms, you knowingly and voluntarily waive any protection that you might have in relation to the release set forth in this section by virtue of §1542 of the California Civil Code, which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. In addition, you hereby knowingly and voluntarily waive any protection that may exist under any comparable or similar statutes and/or principles of common law applicable in states other than California as it pertains to the enforcement of the release in this section.

11. Copyrights - Copyright Infringement. All content available on this Website, including site design, text, graphics, interfaces, and the selection of arrangements thereof is copyrighted by Hosting Provider, with all rights reserved, or is the property of Hosting Provider or third parties protected by intellectual property rights. Hosting Provider has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "Act") and avails itself of the protections under the Act. Hosting Provider reserves the right to remove any content or links that allegedly infringe another person's copyright. Hosting Provider will terminate, in appropriate circumstances, any subscriber or user accounts that might exist with respect to Hosting Provider's system or network who are repeat offenders of another's copyrights.

If you believe content on our Website infringes your copyright, you should send notice of copyright infringement to Hosting Provider’s Copyright Agent. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. §512) by providing the following information:

  • An identification of the copyrighted work claimed to have been infringed;
  • An identification of the material that you claim is infringing so that we may locate it on the site;
  • Your address, telephone number and email address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
  • A statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved; and
  • Your signature.

The notice should be mailed to:

Path2usa.com, Inc.
355 W Olive Ave, Suite 202
Sunnyvale, CA 94086

Alternatively, you can send an email to support at trackitt dot com with the subject "Copyright Notices".

Upon receipt of notice as described above, Hosting Provider will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from our Website.

12. License of Your Content to Hosting Provider. By uploading content to or submitting any materials for use on our Website, you grant (or warrant that the owner of such rights has expressly granted) Hosting Provider a worldwide, perpetual, royalty-free, irrevocable, transferable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, delete in its entirety, create derivative works from and/or sell and/or and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe without your consent and without compensation to you. In addition, you warrant that all "moral rights" that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of Hosting Provider, its agents, subsidiaries, affiliates, co-brand partners or other partners and their respective directors, officers and employees. Hosting Provider reserves the right to change, condense or delete any content on our Website that Hosting Provider deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement. Your participation on this Website is voluntary, and Hosting Provider is under no obligation to allow you to delete your profile, case information, discussions, and chats that you may have posted on the Website.

13. Linking to Our Website. You may provide links only to the homepage of this Website, provided (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on our Website, (b) you give Hosting Provider notice of such link by sending an e-mail to support at trackitt dot com and (c) you discontinue providing links to this Website immediately upon request by Hosting Provider. If you wish to provide links to a section within our Website, you should forward your request to Hosting Provider at support at trackitt dot com. Alternatively, you can send your request using the Contact Us form.

14. Advertisers. This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Website is accurate and complies with applicable laws. Hosting Provider will not be responsible for the illegality of or any error or inaccuracy in any advertiser's or sponsor's materials.

15. Registration. Certain sections of this Website may require you to register to access such sections. When you register, you agree to provide Hosting Provider with accurate, complete information. You agree that you will not use your registration to learn how to create a website with similar functionality as our Website. It is your responsibility to keep your registration information up to date using the facilities provided through our Website. Your registration is for your personal use only, and you are responsible for preventing unauthorized use of your password. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. If you believe there has been unauthorized use of your password, you must notify Hosting Provider immediately by emailing support at trackitt dot com. Alternatively, you can use the Contact Us form to notify us.

16. Promotions and Mailing List. When you register on this Website, we may automatically add you to our promotions and newsletter mailing list. If you no longer wish to be on our mailing list, you can always opt out of further such emails from us. Such opt-out will not affect emails related to your account (i.e. billing) or general information and updates about our Service and Website.

17. Third-Party Content. Third-party content may appear on this Website or may be accessible via links from this Website. Hosting Provider shall not be responsible for and assumes no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on our Website. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it reflect the belief of Hosting Provider.

18. DISCLAIMER. Hosting Provider does not represent or warrant that our Website or Features will be error-free, free of viruses or other harmful components, or that defects will be corrected. Hosting Provider does not warrant or represent that the information available on or through our Website or Features will be correct, accurate, timely, or otherwise reliable and that as such, you rely on such information at your own risk. Hosting Provider may make improvements and/or changes to Features or content of our Website at any time and at our sole discretion. OUR WEBSITE AND FEATURES ARE PROVIDED ON AN "AS IS" BASIS. HOSTING PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HOSTING PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM OUR WEBSITE CONTENT OR FEATURES, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN OUR WEBSITE OR FEATURES, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS CONTAINED THEREIN, (C) THE UNAVAILABILITY OF OUR WEBSITE, FEATURES, OR ANY PORTION THEREOF, (D) YOUR USE OF  OUR WEBSITE, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH OUR WEBSITE.

19. LIMITATION OF LIABILITY AND DAMAGES. PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF OUR WEBSITE AND FEATURES. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH (A) THE USE OF OR INABILITY TO USE OUR WEBSITE CONTENT OR FEATURES; AND (B) YOUR PARTICIPATION IN REPORTS, DASHBOARDS, ANALYTICS, PREDICTION TOOLS, TRACKERS, DISCUSSION FORUMS, ONLINE CHAT ROOMS, OR EMAIL FORUMS. TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, PROVIDER'S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO US$100.00.

20. Links to Other Websites.  Our Website may, from time to time, contain links to third party websites. These links are provided solely as a convenience to you.  By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites.  Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the Service, information, content and/or data of such third party websites. We have no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

21. Pricing and Payments.  You understand that pricing for using our Website or any of its Features is subject to change.  You understand that Features that were once free to use may require payment with no warning or notice to you, or that Features that once required payment may become free with no warning or notice to you.  You represent and warrant that when you make a payment to us as part of using our Website that (i) you have read the documentation available on our Website, and you fully understand what you are paying for, (ii) any credit information you supply is true and complete, (iii) charges incurred by you will be honored by your bank or credit card company, (iv) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (v) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment. 

22. Payment Charge-backs.  While we actively support fighting payment fraud, we have a zero-tolerance policy regarding payment charge-backs and ask that you contact us if you have an issue with something you have paid for on our Website.  However, if you start a charge-back process regarding our Website, we reserve the right to immediately terminate your account.  Your account and the payment information you provided will be blacklisted in our systems.  Should we do this, you will never again be able to use that account and payment information with us and you will be liable to us for administrative costs in processing the charge-back.   

23. No Refunds. We do not issue refunds for anything purchased through our Website, except in circumstance, that we in our sole discretion, warrant a refund.

24. Unlawful Activity. Hosting Provider reserves the right to investigate complaints or reported violations of our Agreement and to take any action we deem appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profiles, e-mail addresses, usage history, posted materials, IP addresses, and traffic information.

25. Indemnification. You are solely liable for any content, messages or other information you transmit, provide or upload to our Website. You agree to indemnify and hold harmless Hosting Provider from any third party claim, action, demand, loss, or damages (including attorney's fees and costs) arising out of or relating to your violation of this Agreement, your use of our Website, or your violation of any rights of a third party.

26. Remedies for Violations. Hosting Provider reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including but not limited to the right to block access from a particular Internet address to our Website and its features.

27. Governing Law, Jurisdiction and Arbitration. This Agreement is governed by and construed in accordance with the laws of the State of California without regard to conflict of laws. Any action arising out of or relating to these terms shall be shall be settled by binding arbitration in Santa Clara County, California in accordance with the American Arbitration Association's commercial arbitration rules. Any such claim shall be arbitrated on an individual basis, not consolidated with another party's claim. Each of us may conduct discovery per California CCPA §1283.05 and §1283.1. Judgment on the arbitration award may be entered into any court with jurisdiction, and the arbitrator's award shall not be appealable or reviewable except as permitted by California law. However, (a) each of us may seek interim relief from a Santa Clara County, California court to protect the party's rights or property while arbitration is pending, and (b) at our option, we may bypass arbitration in cases of fraud or other crimes against us, interference with our technical operations or violations of our rights or property. You hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

28. Privacy. Your use of our Website is also subject to Hosting Provider's Privacy Policy, which you can access by clicking here: Privacy Policy.

29. Severability of Provisions. If any provision of this Agreement is found unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. The failure of either party to enforce any rights hereunder shall not constitute a waiver of any terms or conditions of this Agreement.

30. Assignment. You agree that this Agreement and all agreements and information incorporated herein may be automatically assigned by Hosting Provider, in its sole discretion, to a third party. You may not assign your obligations to another entity.

31. Modifications to this Agreement. Hosting Provider reserves the right to amend this Agreement at any time. Updated versions of the Agreement will appear on this Website and are effective immediately. You are responsible for regularly reviewing the Agreement. Continued use of our Website after any such changes constitutes your consent to such changes.

32. ENTIRE AGREEMENT. This Agreement incorporates by reference all notices and disclaimers, including our Privacy Policy, contained on our Website and collectively constitute the entire agreement between you and Hosting Provider with respect to access to and use of our Website.  Our rights under this Agreement shall survive any termination of this Agreement.