TERMS AND CONDITIONS
Last updated March 20, 2024
We are ImmiThrive LLC ("Company," "we," "us," "our", "our company"), a company registered in Boston, Massachusetts, United States. We operate the website www.ImmiThrive.com (the "Site"، "Website"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
You can contact us by:
Email: info@ImmiThrive.com
Address: 53 State Street, Suite 500, Boston, MA 02109, United States.
These Legal Terms establish a binding agreement between you, whether you are representing an organization or acting on your own, and ImmiThrive LLC. These terms govern your access to and use of the Services. By using the Services, you confirm that you have read, understood, and agreed to all these Legal Terms, including the Disclaimer. If you disagree with any part of the terms, you are strictly prohibited from using the Services, and you must immediately stop using them.
We will inform you in advance about any planned changes to the Services you use to the best of our ability. The updated Legal Terms will take effect once posted or notified via info@ImmiThrive.com, as indicated in the email message. By continuing to use the Services after the effective date of any changes, you agree to abide by the revised terms.
Our Services are intended for individuals who are 13 years old or older. If you are a minor (typically under the age of 18), you must first obtain permission from your parent or guardian and be directly supervised by them in order to use our Services. Before using our Services, minors must have their parent or guardian review and agree to our Legal Terms
Our Services
The Services are not meant to be used by any individual or organization in any jurisdiction or country where such use or distribution is against the law or regulations; if you choose to access the Services from such locations, you do so at your initiative and are solely responsible for complying with local laws. It is important to note that the Services may not be specifically tailored to adhere to industry-specific regulations like the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA). Therefore, if such laws govern your interactions, it is advisable not to use the Services. Furthermore, using the Services should not violate the Gramm-Leach-Bliley Act (GLBA).
Intellectual Property Rights
Our intellectual property
We hold all intellectual property rights in our Services, including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively referred to as ‘Content’). Additionally, the trademarks, service marks, and logos within the Services (‘Marks’) are owned by us or licensed to us.
Our Content and Marks are safeguarded by copyright and trademark laws, as well as other intellectual property rights and unfair competition laws, both in the United States and globally. These protections extend to our users’ benefit.
Please note that the Content and Marks are provided ‘AS IS’ and are intended solely for personal, non-commercial use or internal business purposes.
Your use of our Services
We grant you a non-exclusive, non-transferable, and revocable license to access the Services and download or print portions of the Content that you have rightfully gained access to, subject to your adherence to these Legal Terms. This license is strictly for personal, non-commercial use or internal business purposes. However, you are not allowed to copy, reproduce, or aggregate any part of the Services, Content, or Marks without our express prior written permission. Furthermore, you cannot republish, upload, post, publicly display, or distribute them for any commercial purpose whatsoever. Please take note of the "PROHIBITED ACTIVITIES" section below.
Should you wish to utilize the Services, Content, or Marks beyond the scope outlined in this section or elsewhere in our Legal Terms, kindly direct your request to info@ImmiThrive.com. If we ever grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must acknowledge us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice is visible.
We retain all rights not explicitly granted to you about the Services, Content, and Marks. Any violation of these Intellectual Property Rights will constitute a material breach of our Legal Terms, leading to the immediate termination of your right to use our Services and further legal actions as indicated.
Your Submissions
Before using our Services, it’s crucial to understand your rights and obligations. By submitting any content or information about the Services (“Submissions”), you agree to assign all intellectual property rights in those Submissions to us. We, in turn, have the right to use and disseminate your Submissions for any lawful purpose without acknowledgment or compensation to you.
When posting or uploading content, you must adhere to the following guidelines:
• Prohibited Activities: You confirm that you’ve read and agree with our “PROHIBITED ACTIVITIES” section. You will not post, send, or transmit any illegal Submission, harassing, hateful, harmful, defamatory, obscene, abusive, discriminatory, or misleading.
• Moral Rights: You waive any moral rights associated with your Submissions.
• Originality: Your Submissions should be original, or you must have the necessary rights and licenses to submit them.
• Confidentiality: Your Submissions should not contain confidential information.
Remember that you are solely responsible for your Submissions and agree to reimburse us for any losses resulting from your breach of these terms.
User Representations
By utilizing the Services, you affirm and guarantee the following:
1. The registration information you provide will be accurate, current, and complete.
2. You will promptly update your registration information as needed.
3. You possess the legal capacity and agree to abide by these Legal Terms.
4. You are not under the age of 13.
5. If you are a minor, you have obtained parental permission to use the Services.
6. You will not access the Services using automated or non-human methods (such as bots or scripts).
7. You will not employ the Services for illegal or unauthorized purposes.
8. Your use of the Services will comply with applicable laws and regulations.
Failure to provide accurate, truthful, and up-to-date information may result in account suspension or termination, and we reserve the right to refuse current or future use of the Services.
User Registration
In order to access the Services, you may need to register. It is your responsibility to keep your password confidential and monitor all activity associated with your account. We reserve the right to modify, reclaim, or change any username that we find inappropriate, obscene, or otherwise objectionable.
Purchases and Payments
We accept the following payment methods:
1. Visa
2. Mastercard
3. American Express
4. Discover
5. Debit Card
6. Checking account
7. E-Check
8. Zelle
9. PayPal
When utilizing our services, it is imperative to provide us with precise and current information for all payments. We respectfully request that you ensure your account details, email address, payment method, and card expiration date are updated promptly to prevent any potential issues with transactions or communication. To cover credit card processing fees, we will add a 3.5% fee to the total value of the transactions made by credit card. We will add sales tax to the purchase price as required by legislation. We reserve the right to modify fees at any time. All payments shall be made in United States dollars.
When initiating payments, we request your authorization to debit your chosen payment provider for the relevant amounts. We reserve the right to rectify any discrepancies in pricing, even after payment has been requested or received. Additionally, we maintain the right to exercise discretion in accepting orders and may restrict or limit orders if there is any suspicion of fraudulent activity.
Prohibited Activities
Please be advised that the following guidelines must be adhered to when utilizing our Services. The Services are intended for their specific use and must not be employed for any other purpose. Additionally, commercial activities are strictly prohibited unless explicitly authorized by our law firm.
1. Unauthorized Data Retrieval: Please refrain from systematically collecting or compiling data from the Services without our written consent.
2. Fraudulent Behavior: Please ensure you do not deceive, defraud, or mislead our law firm or other users, particularly when attempting to obtain sensitive account information.
3. Security Interference: Please do not circumvent or disable security features that safeguard the Services or restrict content usage.
4. Avoid Harmful Actions: Please refrain from disparaging or tarnishing our law firm's reputation or the Services.
5. Respect Others: Please do not utilize information obtained from the Services to harass, abuse, or harm others.
6. Avoid Misuse: Please avoid misusing our support services or submitting false reports of abuse or misconduct.
7. Compliance with Laws: Please use the Services in accordance with applicable laws and regulations.
8. Unauthorized Framing or Linking: Please do not engage in unauthorized framing or linking to the Services.
9. Malicious Content: Please refrain from uploading or transmitting viruses, Trojan horses, or other harmful material that interferes with others' use of the Services.
10. Automated Use: Please avoid automated system use, such as scripts or data mining tools.
11. Content Notice: Please remove copyright or proprietary rights notices from the content you upload.
12. User Impersonation: Please avoid impersonating other users or individuals, and refrain from using someone else’s username.
13. Information Collection: Please do not upload or transmit material that acts as an information collection or transmission mechanism (such as “gifs,” 1x1 pixels, web bugs, cookies, or similar devices).
14. Service Disruption: Please refrain from interfering with, disrupting, or creating an undue burden on the Services or connected networks.
15. Respectful Interaction: Please refrain from harassing, annoying, intimidating, or threatening our employees or agents providing Services to you.
16. Do not attempt to bypass security measures: Please avoid any actions that aim to circumvent or evade the Services’ security features.
17. Respect software and code: Please refrain from copying, adapting, or reverse-engineering the Services’ software without proper authorization.
18. Void automated systems: Please do not use automated tools (such as spiders, robots, or scripts) to access the Services unless explicitly allowed.
19. No unauthorized collection of user data: Please do not collect usernames or email addresses for unsolicited purposes or create user accounts through automated or deceptive means.
20. Avoid commercial use: Please refrain from using the Services for revenue-generating activities or competitive purposes.
21. No unauthorized advertising: Please avoid using the Services to advertise or sell goods and services.
22. Profile transfer restrictions: Please do not sell or transfer your profile without proper authorization.
User Generated Contributions
The provided services do not allow users to submit or post content directly. However, we offer you an opportunity to create, submit, display, and transmit various kinds of content and materials through the Services. These may include personal information, graphics, text, suggestions, comments, audio, or photographs (collectively referred to as ‘Contributions’). It is imperative to note that your Contributions may be viewed by other users of the Services and third-party websites. Furthermore, any Contributions you transmit shall be handled in strict accordance with the Service’s Privacy Policy. By creating or making Contributions available, you assert and warrant that:
1. Intellectual Property Rights: It is of paramount importance that any and all Contributions made by you, inclusive of their creation, distribution, transmission, public display, or performance, as well as accessing, downloading, or copying them, are precluded from violating the proprietary rights, including but not limited to copyright, patent, trademark, trade secret, or moral rights, of any third-party entities. It is incumbent upon you to exercise the utmost caution and diligence in ensuring that all intellectual property rights are observed and respected.
2. Ownership and Authorization: As a user of these services, it is essential that you have either created or owned your contributions. Alternatively, you must possess the necessary licenses, rights, consents, releases, and permissions to grant us, the services, and other users the right to use your contributions as intended by the services and the accompanying legal terms. You must understand these requirements in order to ensure that you are in compliance with the legal terms and able to utilize the services to their full potential.
3. Consent and Likeness: It is imperative to obtain written consent, release, and/or permission from every identifiable person in your contributions to utilize their name or likeness for inclusion and use in any manner envisaged by Services and Terms and Conditions. This is a mandatory step towards ensuring that all parties concerned are accorded due respect and in compliance with legal requirements.
4. Accuracy and Honesty: Please ensure that your contributions are precise, truthful, and devoid of any misleading information. It is essential to maintain a high level of professionalism with your contributions.
5. Non-Solicitation: Any contributions made must not include unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or any form of solicitation.
6. Respectful Content: Ensure that your Contributions do not contain any content that could be considered obscene, lewd, lascivious, violent, harassing, libelous, slanderous, or objectionable in nature. We appreciate your cooperation in maintaining a respectful and professional environment for all users.
7. Avoiding Harm: All contributions made shall not contain derogatory, belittling, or threatening language towards any individual or group. Additionally, all contributions should refrain from promoting any form of violence.
8. Legal Compliance: Ensure your contributions comply with all relevant laws, regulations, and rules.
9. Privacy and Publicity Rights: Your contributions must adhere to the necessary standards and do not infringe upon any third party's privacy or publicity rights.
10. Child Protection: Please ensure that any contribution you make is in compliance with the relevant laws regarding child protection and does not pose any threat to the health and safety of minors.
11. Respectful and Inclusive Content: Contributions must be respectful and free of any offensive comments that may pertain to an individual's race, national origin, gender, religion, sexual orientation, or physical ability. Maintaining a professional and inclusive environment for all individuals involved is essential.
12. Compliance with Legal Terms and Laws: Any Contributions made must not contravene any provision of these Legal Terms or any applicable law or regulation.
Any use of the Services that violates the Legal Terms could result in the termination or suspension of your access to the Services. Please review and comply with the Legal Terms to ensure that you continue to enjoy uninterrupted access to our Services.
Contribution License
By utilizing our services, you acknowledge and agree that we have the right to access, store, process, and use any information and personal data you provide. This usage is subject to the terms outlined in the Privacy Policy and your selected settings. We greatly appreciate your input and welcome any feedback or suggestions related to the Services. By submitting such feedback, you consent to our use and sharing of it for any purpose without any compensation. We would like to emphasize that we do not claim any ownership rights over your contributions. You retain full ownership of all your contributions, including any associated intellectual property or proprietary rights. Additionally, we assume no liability for statements or representations made in your contributions within any area of the Services. It is important to note that you bear sole responsibility for your contributions and hereby agree to release us from any and all liability and refrain from taking legal action against us in relation to your contributions.
Third-Party Websites and Content
The Services may provide access to third-party websites and third-party content. Please be advised that we have not scrutinized these external sources for accuracy, appropriateness, or completeness. As such, we cannot assume responsibility for any third-party websites accessed through the Services or any third-party Content posted on, available through, or installed from the Services. We would like to clarify that the inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or Content does not imply our endorsement. If you choose to leave the Services and engage with Third-Party Websites or utilize Third-Party Content, you assume the associated risks. We would like to inform you that the Legal Terms will no longer apply in such instances. It is advisable to review the relevant terms, policies, privacy practices, and data collection procedures of any external website you visit from the Services or any applications you acquire or install from the Services. Any transactions conducted through Third-Party Websites are solely between you and the respective third party. We would like to assert that we do not endorse the products or services offered on Third-Party Websites, and we shall not be held liable for any consequences arising from your interactions with such products or services.
Services Management
As a provider of digital services, we possess the authority to engage in the following actions, albeit not obligated to do so:
1. Monitoring: In order to identify potential violations of our Legal Terms, we maintain the right to monitor our Services.
2. Legal Action: We retain the right, at our sole discretion, to take appropriate legal measures, including reporting any user to law enforcement agencies, if we suspect that they are in contravention of the law or our Legal Terms.
3. Access Restrictions: We reserve the right to refuse, limit the availability of, or disable any of your Contributions or any portion thereof to the extent technologically feasible.
4. Content Management: Without any liability, we reserve the right to remove or disable files and content that are excessively large or burdensome to our systems.
5. Service Management: We manage the Services to protect our rights and property and ensure proper functioning.
Privacy Policy
We prioritize the safety and confidentiality of our users' data. You agree to adhere to our Privacy Policy by availing of our Services. It's imperative to note that our services are hosted in the United States. If you access our services from a region with varying laws governing the collection, utilization, or disclosure of personal data, you expressly consent to transferring and processing your data in the United States.
In addition, we comply with the US Children's Online Privacy Protection Act (COPPA). If we detect that anyone under the age of 13 has provided personal information without verifiable parental consent, we will take appropriate action to remove that information from our services.
Term and Termination
These Terms and Conditions shall remain in effect throughout your use of our Services. Without limiting any other provision, we retain sole discretion, without notice or liability, to restrict access to and use of the Services (including blocking specific IP addresses) for any reason or no reason. This includes instances of breach of representations, warranties, or covenants outlined in these Legal Terms or any applicable law or regulation. Furthermore, we reserve the right to terminate your use or participation in the Services, delete your account, and remove any content or information you have posted, all at our sole discretion and without prior warning.
If we terminate or suspend your account, you are prohibited from creating a new account under your name, a fictitious name, or the name of any third party, even if you are acting on behalf of that third party. Additionally, we reserve the right to pursue appropriate legal action, including civil, criminal, and injunctive remedies, in addition to account suspension or termination.
Modifications and Interruptions
We hereby reserve the right to modify, amend, or delete any content within the Services at our sole discretion and without prior notification. However, we are not obligated to update any information on our Services. We would like to inform you that we shall not be held liable for any changes, price adjustments, service suspensions, or service discontinuations by you or any third parties availing of our services.
As we strive to provide a seamless experience with our Services, we may encounter hardware, software, or other issues that require maintenance, which may result in interruptions, delays, or errors. We retain the right to modify, revise, update, suspend, or discontinue our Services at any time and for any reason without prior notice to our users. By utilizing our Services, we acknowledge and understand that we assume no liability for any loss, damage, or inconvenience arising from your inability to access or use our Services during periods of downtime or discontinuation. These Legal Terms do not impose any obligation on us to maintain or support our Services, nor do they mandate that we provide any corrections, updates, or releases related to our Services.
Governing Law
These legal terms, along with your usage of the services, are subject to the jurisdiction and interpretation of the laws of the Commonwealth of Massachusetts. These laws apply to agreements formed and fully executed within the geographical boundaries of the Commonwealth of Massachusetts, irrespective of any conflict of law principles.
Dispute Resolution
Agreement on Jurisdiction and Venue:
1. Commencement of Legal Action: Any legal action arising from contract, tort, or other causes brought by either party shall be initiated or prosecuted exclusively in the state and federal courts situated in Suffolk County, Massachusetts. The parties, collectively referred to as the "Parties" and individually as a "Party," hereby agree to abide by this jurisdictional requirement.
2. Consent and Waiver: The Parties hereby consent to the jurisdiction of the foregoing courts and expressly waive any defenses related to lack of personal jurisdiction or forum non conveniens. This agreement is a testament to the Parties' unwavering commitment to the legal process and their desire to resolve any disputes in accordance with the law.
3. Exclusions: This agreement explicitly excludes the application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA). The Parties acknowledge and agree that these legal terms will not apply to interpreting or enforcing this agreement.
4. Statute of Limitations: The Parties agree that no claim, action, or proceeding concerning the Services shall be commenced more than one (1) year after the cause of action first arose. The Parties view this provision as an essential component of this agreement, ensuring that any legal disputes will be addressed promptly and efficiently without undue delay or uncertainty.
Corrections
You may come across information on our platform containing typographical errors, inaccuracies, or omissions. We understand that such errors can be frustrating and may impact your experience. Please be assured that we take the accuracy of our information seriously and will make every effort to rectify any possible mistakes. We reserve the right to modify or update the information on the Services without prior notice in order to ensure the most accurate and up-to-date information is available to our users.
Disclaimer
The information provided on this website is intended for informational purposes only and should not be construed as legal advice. We strongly recommend seeking the advice of a qualified attorney regarding your specific circumstances. We invite you to contact us and/or book a consultation with our law firm. We welcome your inquiries via phone, email, or mail correspondence.
However, the invitation to contact our firm, submitting a contact and/or consultation form, sending a text message, making a phone call, leaving a voicemail, or sending a mail correspondence does not create an attorney-client relationship.
We kindly request that you refrain from sharing confidential information until such a relationship is established.
Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure.
Our services are provided "as-is" and "as available." By using our services, you acknowledge that you do so at your own risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with our services and your use. This includes, but is not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We cannot provide any guarantee regarding the accuracy or comprehensiveness of the content within our Services or the content of any third-party websites or mobile applications linked to our Services. Additionally, we assume no responsibility or liability for the following:
1. Content and material errors, mistakes, or inaccuracies.
2. Personal injury or property damage resulting from your use of our Services.
3. Unauthorized access to our secure servers, personal information, or financial data stored therein.
4. Disruptions or interruptions to data transmission to or from our Services.
5. Third-party transmission of bugs, viruses, Trojan horses, or similar issues through our Services.
6. Loss or damage incurred due to errors or omissions in content, material, or the use of any content posted, transmitted, or otherwise made available via our Services.
The Services provided by our company may feature advertisements or offers by third-party providers of products or services whose content, quality, and reliability we do not warrant, endorse, guarantee, or assume responsibility for. It is essential to clarify that we will not be involved in monitoring any transaction between you and these third-party providers. As such, we advise you to exercise your best judgment and caution when purchasing. It is always prudent to approach any such transaction with a healthy degree of discernment.
Limitations of Liability
It is important to note that we, our directors, employees, or agents shall not be held liable for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages that may arise from your use of our Services, including but not limited to lost profit, lost revenue, loss of data, or other damages. This applies even if we have been informed of the possibility of such damages. Our liability to you for any cause whatsoever and regardless of the form of the action shall at all times be limited to the lesser of the amount paid, if any, by you to us. However, It should be noted that certain US state and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. As such, if these laws apply to you, some or all of the above disclaimers or limitations may not be applicable, and you may have additional rights.
Indemnification
Upon accepting these terms, you agree to take full responsibility for defending, indemnifying, and absolving us, as well as our subsidiaries, affiliates, officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including attorneys’ fees and expenses. We would like to outline the specific scenarios that are covered by this agreement.
Firstly, you agree to defend us if any third party claims your use of the Services provided. Secondly, if you violate any of the Terms and Conditions, you will indemnify us against any resulting harm. Thirdly, you will be responsible for any losses incurred if your representations and warranties are breached. Fourthly, if you infringe on someone else’s rights (such as intellectual property rights), you will indemnify us. Lastly, any harmful actions toward other users via the Services will require your defense.
Nevertheless, we reserve the right to take exclusive control of any matter where you need to indemnify us. We will notify you of any such claims, actions, or proceedings.
User Data
We retain the data you transmit to the Services for performance management purposes and data related to your use of the Services. While we regularly back up data, you bear sole responsibility for any data you transmit or that pertains to your activities using the Services. By using the Services, you agree that we are not liable for any loss or corruption of such data, and you waive any right to take action against us about such loss or corruption.
Electronic Communications, Transactions, and Signatures
By accessing the Services, sending us emails, and completing online forms, you engage in electronic communications. By doing so, you expressly consent to receive electronic communications from us. You further agree that all agreements, notices, disclosures, and other communications provided to you electronically—via email or through the Services—fulfill any legal requirement for written communication. Additionally, you hereby acknowledge and accept the use of electronic signatures, contracts, agreements, orders, and other records. Furthermore, you agree to electronic delivery of notices, policies, and records related to transactions initiated or completed by us or via the Services. By accepting these terms, you waive any rights or requirements under statutes, regulations, rules, ordinances, or other laws in any jurisdiction that mandate an original signature or the delivery or retention of non-electronic records. This includes any requirements related to payments or the granting of credits, which must be conducted exclusively through electronic means.
California Users and Residents
In the event that any complaint remains unresolved to your satisfaction, we encourage you to reach out to the Complaint Assistance Unit within the Division of Consumer Services at the California Department of Consumer Affairs. You can do so by submitting a written communication to their office at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834. Alternatively, you may contact them via telephone at either (800) 952-5210 or (916) 445-1254.
Miscellaneous
These Legally Binding Terms, along with any policies or operational guidelines disseminated by us on the Services or in connection with the Services, constitute the entirety of the agreement and mutual comprehension between you and us. Our omission to assert or enforce any entitlement or provision within these Legally Binding Terms shall not be construed as a waiver of the foregoing entitlement or provision. These Legally Binding Terms operate to the fullest extent permissible under the law. We retain the prerogative to assign any or all of our rights and obligations to third parties at our discretion. We disclaim any responsibility or liability for any loss, damage, delay, or failure to act arising from causes beyond our reasonable control. Should any provision or segment of a provision within these Legally Binding Terms be deemed unlawful, void, or unenforceable, such provision or segment shall be severable, leaving the validity and enforceability of the remaining provisions unaffected. No joint venture, partnership, employment relationship, or agency association is established between you and us by virtue of these Legally Binding Terms or your utilization of the Services. You expressly waive any defenses based on the electronic format of these Legally Binding Terms and the absence of physical signatures by the parties hereto in executing these Legally Binding Terms and Conditions.
Contact Us
In order to receive further information regarding the use of the Services or to resolve a complaint regarding the Services, please contact us at:
ImmiThrive LLC
Email: info@ImmiThrive.com
Address: 53 State Street, Suite 500, Boston, MA 02109, United States.
TERMS AND CONDITIONS
Last updated March 20, 2024
We are ImmiThrive LLC ("Company," "we," "us," "our", "our company"), a company registered in Boston, Massachusetts, United States. We operate the website www.ImmiThrive.com (the "Site"، "Website"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
You can contact us by:
Email: info@ImmiThrive.com
Address: 53 State Street, Suite 500, Boston, MA 02109, United States.
These Legal Terms establish a binding agreement between you, whether you are representing an organization or acting on your own, and ImmiThrive LLC. These terms govern your access to and use of the Services. By using the Services, you confirm that you have read, understood, and agreed to all these Legal Terms, including the Disclaimer. If you disagree with any part of the terms, you are strictly prohibited from using the Services, and you must immediately stop using them.
We will inform you in advance about any planned changes to the Services you use to the best of our ability. The updated Legal Terms will take effect once posted or notified via info@ImmiThrive.com, as indicated in the email message. By continuing to use the Services after the effective date of any changes, you agree to abide by the revised terms.
Our Services are intended for individuals who are 13 years old or older. If you are a minor (typically under the age of 18), you must first obtain permission from your parent or guardian and be directly supervised by them in order to use our Services. Before using our Services, minors must have their parent or guardian review and agree to our Legal Terms
Our Services
The Services are not meant to be used by any individual or organization in any jurisdiction or country where such use or distribution is against the law or regulations; if you choose to access the Services from such locations, you do so at your initiative and are solely responsible for complying with local laws. It is important to note that the Services may not be specifically tailored to adhere to industry-specific regulations like the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA). Therefore, if such laws govern your interactions, it is advisable not to use the Services. Furthermore, using the Services should not violate the Gramm-Leach-Bliley Act (GLBA).
Intellectual Property Rights
Our intellectual property
We hold all intellectual property rights in our Services, including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively referred to as ‘Content’). Additionally, the trademarks, service marks, and logos within the Services (‘Marks’) are owned by us or licensed to us.
Our Content and Marks are safeguarded by copyright and trademark laws, as well as other intellectual property rights and unfair competition laws, both in the United States and globally. These protections extend to our users’ benefit.
Please note that the Content and Marks are provided ‘AS IS’ and are intended solely for personal, non-commercial use or internal business purposes.
Your use of our Services
We grant you a non-exclusive, non-transferable, and revocable license to access the Services and download or print portions of the Content that you have rightfully gained access to, subject to your adherence to these Legal Terms. This license is strictly for personal, non-commercial use or internal business purposes. However, you are not allowed to copy, reproduce, or aggregate any part of the Services, Content, or Marks without our express prior written permission. Furthermore, you cannot republish, upload, post, publicly display, or distribute them for any commercial purpose whatsoever. Please take note of the "PROHIBITED ACTIVITIES" section below.
Should you wish to utilize the Services, Content, or Marks beyond the scope outlined in this section or elsewhere in our Legal Terms, kindly direct your request to info@ImmiThrive.com. If we ever grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must acknowledge us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice is visible.
We retain all rights not explicitly granted to you about the Services, Content, and Marks. Any violation of these Intellectual Property Rights will constitute a material breach of our Legal Terms, leading to the immediate termination of your right to use our Services and further legal actions as indicated.
Your Submissions
Before using our Services, it’s crucial to understand your rights and obligations. By submitting any content or information about the Services (“Submissions”), you agree to assign all intellectual property rights in those Submissions to us. We, in turn, have the right to use and disseminate your Submissions for any lawful purpose without acknowledgment or compensation to you.
When posting or uploading content, you must adhere to the following guidelines:
• Prohibited Activities: You confirm that you’ve read and agree with our “PROHIBITED ACTIVITIES” section. You will not post, send, or transmit any illegal Submission, harassing, hateful, harmful, defamatory, obscene, abusive, discriminatory, or misleading.
• Moral Rights: You waive any moral rights associated with your Submissions.
• Originality: Your Submissions should be original, or you must have the necessary rights and licenses to submit them.
• Confidentiality: Your Submissions should not contain confidential information.
Remember that you are solely responsible for your Submissions and agree to reimburse us for any losses resulting from your breach of these terms.
User Representations
By utilizing the Services, you affirm and guarantee the following:
1. The registration information you provide will be accurate, current, and complete.
2. You will promptly update your registration information as needed.
3. You possess the legal capacity and agree to abide by these Legal Terms.
4. You are not under the age of 13.
5. If you are a minor, you have obtained parental permission to use the Services.
6. You will not access the Services using automated or non-human methods (such as bots or scripts).
7. You will not employ the Services for illegal or unauthorized purposes.
8. Your use of the Services will comply with applicable laws and regulations.
Failure to provide accurate, truthful, and up-to-date information may result in account suspension or termination, and we reserve the right to refuse current or future use of the Services.
User Registration
In order to access the Services, you may need to register. It is your responsibility to keep your password confidential and monitor all activity associated with your account. We reserve the right to modify, reclaim, or change any username that we find inappropriate, obscene, or otherwise objectionable.
Purchases and Payments
We accept the following payment methods:
1. Visa
2. Mastercard
3. American Express
4. Discover
5. Debit Card
6. Checking account
7. E-Check
8. Zelle
9. PayPal
When utilizing our services, it is imperative to provide us with precise and current information for all payments. We respectfully request that you ensure your account details, email address, payment method, and card expiration date are updated promptly to prevent any potential issues with transactions or communication. To cover credit card processing fees, we will add a 3.5% fee to the total value of the transactions made by credit card. We will add sales tax to the purchase price as required by legislation. We reserve the right to modify fees at any time. All payments shall be made in United States dollars.
When initiating payments, we request your authorization to debit your chosen payment provider for the relevant amounts. We reserve the right to rectify any discrepancies in pricing, even after payment has been requested or received. Additionally, we maintain the right to exercise discretion in accepting orders and may restrict or limit orders if there is any suspicion of fraudulent activity.
Prohibited Activities
Please be advised that the following guidelines must be adhered to when utilizing our Services. The Services are intended for their specific use and must not be employed for any other purpose. Additionally, commercial activities are strictly prohibited unless explicitly authorized by our law firm.
1. Unauthorized Data Retrieval: Please refrain from systematically collecting or compiling data from the Services without our written consent.
2. Fraudulent Behavior: Please ensure you do not deceive, defraud, or mislead our law firm or other users, particularly when attempting to obtain sensitive account information.
3. Security Interference: Please do not circumvent or disable security features that safeguard the Services or restrict content usage.
4. Avoid Harmful Actions: Please refrain from disparaging or tarnishing our law firm's reputation or the Services.
5. Respect Others: Please do not utilize information obtained from the Services to harass, abuse, or harm others.
6. Avoid Misuse: Please avoid misusing our support services or submitting false reports of abuse or misconduct.
7. Compliance with Laws: Please use the Services in accordance with applicable laws and regulations.
8. Unauthorized Framing or Linking: Please do not engage in unauthorized framing or linking to the Services.
9. Malicious Content: Please refrain from uploading or transmitting viruses, Trojan horses, or other harmful material that interferes with others' use of the Services.
10. Automated Use: Please avoid automated system use, such as scripts or data mining tools.
11. Content Notice: Please remove copyright or proprietary rights notices from the content you upload.
12. User Impersonation: Please avoid impersonating other users or individuals, and refrain from using someone else’s username.
13. Information Collection: Please do not upload or transmit material that acts as an information collection or transmission mechanism (such as “gifs,” 1x1 pixels, web bugs, cookies, or similar devices).
14. Service Disruption: Please refrain from interfering with, disrupting, or creating an undue burden on the Services or connected networks.
15. Respectful Interaction: Please refrain from harassing, annoying, intimidating, or threatening our employees or agents providing Services to you.
16. Do not attempt to bypass security measures: Please avoid any actions that aim to circumvent or evade the Services’ security features.
17. Respect software and code: Please refrain from copying, adapting, or reverse-engineering the Services’ software without proper authorization.
18. Void automated systems: Please do not use automated tools (such as spiders, robots, or scripts) to access the Services unless explicitly allowed.
19. No unauthorized collection of user data: Please do not collect usernames or email addresses for unsolicited purposes or create user accounts through automated or deceptive means.
20. Avoid commercial use: Please refrain from using the Services for revenue-generating activities or competitive purposes.
21. No unauthorized advertising: Please avoid using the Services to advertise or sell goods and services.
22. Profile transfer restrictions: Please do not sell or transfer your profile without proper authorization.
User Generated Contributions
The provided services do not allow users to submit or post content directly. However, we offer you an opportunity to create, submit, display, and transmit various kinds of content and materials through the Services. These may include personal information, graphics, text, suggestions, comments, audio, or photographs (collectively referred to as ‘Contributions’). It is imperative to note that your Contributions may be viewed by other users of the Services and third-party websites. Furthermore, any Contributions you transmit shall be handled in strict accordance with the Service’s Privacy Policy. By creating or making Contributions available, you assert and warrant that:
1. Intellectual Property Rights: It is of paramount importance that any and all Contributions made by you, inclusive of their creation, distribution, transmission, public display, or performance, as well as accessing, downloading, or copying them, are precluded from violating the proprietary rights, including but not limited to copyright, patent, trademark, trade secret, or moral rights, of any third-party entities. It is incumbent upon you to exercise the utmost caution and diligence in ensuring that all intellectual property rights are observed and respected.
2. Ownership and Authorization: As a user of these services, it is essential that you have either created or owned your contributions. Alternatively, you must possess the necessary licenses, rights, consents, releases, and permissions to grant us, the services, and other users the right to use your contributions as intended by the services and the accompanying legal terms. You must understand these requirements in order to ensure that you are in compliance with the legal terms and able to utilize the services to their full potential.
3. Consent and Likeness: It is imperative to obtain written consent, release, and/or permission from every identifiable person in your contributions to utilize their name or likeness for inclusion and use in any manner envisaged by Services and Terms and Conditions. This is a mandatory step towards ensuring that all parties concerned are accorded due respect and in compliance with legal requirements.
4. Accuracy and Honesty: Please ensure that your contributions are precise, truthful, and devoid of any misleading information. It is essential to maintain a high level of professionalism with your contributions.
5. Non-Solicitation: Any contributions made must not include unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or any form of solicitation.
6. Respectful Content: Ensure that your Contributions do not contain any content that could be considered obscene, lewd, lascivious, violent, harassing, libelous, slanderous, or objectionable in nature. We appreciate your cooperation in maintaining a respectful and professional environment for all users.
7. Avoiding Harm: All contributions made shall not contain derogatory, belittling, or threatening language towards any individual or group. Additionally, all contributions should refrain from promoting any form of violence.
8. Legal Compliance: Ensure your contributions comply with all relevant laws, regulations, and rules.
9. Privacy and Publicity Rights: Your contributions must adhere to the necessary standards and do not infringe upon any third party's privacy or publicity rights.
10. Child Protection: Please ensure that any contribution you make is in compliance with the relevant laws regarding child protection and does not pose any threat to the health and safety of minors.
11. Respectful and Inclusive Content: Contributions must be respectful and free of any offensive comments that may pertain to an individual's race, national origin, gender, religion, sexual orientation, or physical ability. Maintaining a professional and inclusive environment for all individuals involved is essential.
12. Compliance with Legal Terms and Laws: Any Contributions made must not contravene any provision of these Legal Terms or any applicable law or regulation.
Any use of the Services that violates the Legal Terms could result in the termination or suspension of your access to the Services. Please review and comply with the Legal Terms to ensure that you continue to enjoy uninterrupted access to our Services.
Contribution License
By utilizing our services, you acknowledge and agree that we have the right to access, store, process, and use any information and personal data you provide. This usage is subject to the terms outlined in the Privacy Policy and your selected settings. We greatly appreciate your input and welcome any feedback or suggestions related to the Services. By submitting such feedback, you consent to our use and sharing of it for any purpose without any compensation. We would like to emphasize that we do not claim any ownership rights over your contributions. You retain full ownership of all your contributions, including any associated intellectual property or proprietary rights. Additionally, we assume no liability for statements or representations made in your contributions within any area of the Services. It is important to note that you bear sole responsibility for your contributions and hereby agree to release us from any and all liability and refrain from taking legal action against us in relation to your contributions.
Third-Party Websites and Content
The Services may provide access to third-party websites and third-party content. Please be advised that we have not scrutinized these external sources for accuracy, appropriateness, or completeness. As such, we cannot assume responsibility for any third-party websites accessed through the Services or any third-party Content posted on, available through, or installed from the Services. We would like to clarify that the inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or Content does not imply our endorsement. If you choose to leave the Services and engage with Third-Party Websites or utilize Third-Party Content, you assume the associated risks. We would like to inform you that the Legal Terms will no longer apply in such instances. It is advisable to review the relevant terms, policies, privacy practices, and data collection procedures of any external website you visit from the Services or any applications you acquire or install from the Services. Any transactions conducted through Third-Party Websites are solely between you and the respective third party. We would like to assert that we do not endorse the products or services offered on Third-Party Websites, and we shall not be held liable for any consequences arising from your interactions with such products or services.
Services Management
As a provider of digital services, we possess the authority to engage in the following actions, albeit not obligated to do so:
1. Monitoring: In order to identify potential violations of our Legal Terms, we maintain the right to monitor our Services.
2. Legal Action: We retain the right, at our sole discretion, to take appropriate legal measures, including reporting any user to law enforcement agencies, if we suspect that they are in contravention of the law or our Legal Terms.
3. Access Restrictions: We reserve the right to refuse, limit the availability of, or disable any of your Contributions or any portion thereof to the extent technologically feasible.
4. Content Management: Without any liability, we reserve the right to remove or disable files and content that are excessively large or burdensome to our systems.
5. Service Management: We manage the Services to protect our rights and property and ensure proper functioning.
Privacy Policy
We prioritize the safety and confidentiality of our users' data. You agree to adhere to our Privacy Policy by availing of our Services. It's imperative to note that our services are hosted in the United States. If you access our services from a region with varying laws governing the collection, utilization, or disclosure of personal data, you expressly consent to transferring and processing your data in the United States.
In addition, we comply with the US Children's Online Privacy Protection Act (COPPA). If we detect that anyone under the age of 13 has provided personal information without verifiable parental consent, we will take appropriate action to remove that information from our services.
Term and Termination
These Terms and Conditions shall remain in effect throughout your use of our Services. Without limiting any other provision, we retain sole discretion, without notice or liability, to restrict access to and use of the Services (including blocking specific IP addresses) for any reason or no reason. This includes instances of breach of representations, warranties, or covenants outlined in these Legal Terms or any applicable law or regulation. Furthermore, we reserve the right to terminate your use or participation in the Services, delete your account, and remove any content or information you have posted, all at our sole discretion and without prior warning.
If we terminate or suspend your account, you are prohibited from creating a new account under your name, a fictitious name, or the name of any third party, even if you are acting on behalf of that third party. Additionally, we reserve the right to pursue appropriate legal action, including civil, criminal, and injunctive remedies, in addition to account suspension or termination.
Modifications and Interruptions
We hereby reserve the right to modify, amend, or delete any content within the Services at our sole discretion and without prior notification. However, we are not obligated to update any information on our Services. We would like to inform you that we shall not be held liable for any changes, price adjustments, service suspensions, or service discontinuations by you or any third parties availing of our services.
As we strive to provide a seamless experience with our Services, we may encounter hardware, software, or other issues that require maintenance, which may result in interruptions, delays, or errors. We retain the right to modify, revise, update, suspend, or discontinue our Services at any time and for any reason without prior notice to our users. By utilizing our Services, we acknowledge and understand that we assume no liability for any loss, damage, or inconvenience arising from your inability to access or use our Services during periods of downtime or discontinuation. These Legal Terms do not impose any obligation on us to maintain or support our Services, nor do they mandate that we provide any corrections, updates, or releases related to our Services.
Governing Law
These legal terms, along with your usage of the services, are subject to the jurisdiction and interpretation of the laws of the Commonwealth of Massachusetts. These laws apply to agreements formed and fully executed within the geographical boundaries of the Commonwealth of Massachusetts, irrespective of any conflict of law principles.
Dispute Resolution
Agreement on Jurisdiction and Venue:
1. Commencement of Legal Action: Any legal action arising from contract, tort, or other causes brought by either party shall be initiated or prosecuted exclusively in the state and federal courts situated in Suffolk County, Massachusetts. The parties, collectively referred to as the "Parties" and individually as a "Party," hereby agree to abide by this jurisdictional requirement.
2. Consent and Waiver: The Parties hereby consent to the jurisdiction of the foregoing courts and expressly waive any defenses related to lack of personal jurisdiction or forum non conveniens. This agreement is a testament to the Parties' unwavering commitment to the legal process and their desire to resolve any disputes in accordance with the law.
3. Exclusions: This agreement explicitly excludes the application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA). The Parties acknowledge and agree that these legal terms will not apply to interpreting or enforcing this agreement.
4. Statute of Limitations: The Parties agree that no claim, action, or proceeding concerning the Services shall be commenced more than one (1) year after the cause of action first arose. The Parties view this provision as an essential component of this agreement, ensuring that any legal disputes will be addressed promptly and efficiently without undue delay or uncertainty.
Corrections
You may come across information on our platform containing typographical errors, inaccuracies, or omissions. We understand that such errors can be frustrating and may impact your experience. Please be assured that we take the accuracy of our information seriously and will make every effort to rectify any possible mistakes. We reserve the right to modify or update the information on the Services without prior notice in order to ensure the most accurate and up-to-date information is available to our users.
Disclaimer
The information provided on this website is intended for informational purposes only and should not be construed as legal advice. We strongly recommend seeking the advice of a qualified attorney regarding your specific circumstances. We invite you to contact us and/or book a consultation with our law firm. We welcome your inquiries via phone, email, or mail correspondence.
However, the invitation to contact our firm, submitting a contact and/or consultation form, sending a text message, making a phone call, leaving a voicemail, or sending a mail correspondence does not create an attorney-client relationship.
We kindly request that you refrain from sharing confidential information until such a relationship is established.
Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure.
Our services are provided "as-is" and "as available." By using our services, you acknowledge that you do so at your own risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with our services and your use. This includes, but is not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We cannot provide any guarantee regarding the accuracy or comprehensiveness of the content within our Services or the content of any third-party websites or mobile applications linked to our Services. Additionally, we assume no responsibility or liability for the following:
1. Content and material errors, mistakes, or inaccuracies.
2. Personal injury or property damage resulting from your use of our Services.
3. Unauthorized access to our secure servers, personal information, or financial data stored therein.
4. Disruptions or interruptions to data transmission to or from our Services.
5. Third-party transmission of bugs, viruses, Trojan horses, or similar issues through our Services.
6. Loss or damage incurred due to errors or omissions in content, material, or the use of any content posted, transmitted, or otherwise made available via our Services.
The Services provided by our company may feature advertisements or offers by third-party providers of products or services whose content, quality, and reliability we do not warrant, endorse, guarantee, or assume responsibility for. It is essential to clarify that we will not be involved in monitoring any transaction between you and these third-party providers. As such, we advise you to exercise your best judgment and caution when purchasing. It is always prudent to approach any such transaction with a healthy degree of discernment.
Limitations of Liability
It is important to note that we, our directors, employees, or agents shall not be held liable for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages that may arise from your use of our Services, including but not limited to lost profit, lost revenue, loss of data, or other damages. This applies even if we have been informed of the possibility of such damages. Our liability to you for any cause whatsoever and regardless of the form of the action shall at all times be limited to the lesser of the amount paid, if any, by you to us. However, It should be noted that certain US state and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. As such, if these laws apply to you, some or all of the above disclaimers or limitations may not be applicable, and you may have additional rights.
Indemnification
Upon accepting these terms, you agree to take full responsibility for defending, indemnifying, and absolving us, as well as our subsidiaries, affiliates, officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including attorneys’ fees and expenses. We would like to outline the specific scenarios that are covered by this agreement.
Firstly, you agree to defend us if any third party claims your use of the Services provided. Secondly, if you violate any of the Terms and Conditions, you will indemnify us against any resulting harm. Thirdly, you will be responsible for any losses incurred if your representations and warranties are breached. Fourthly, if you infringe on someone else’s rights (such as intellectual property rights), you will indemnify us. Lastly, any harmful actions toward other users via the Services will require your defense.
Nevertheless, we reserve the right to take exclusive control of any matter where you need to indemnify us. We will notify you of any such claims, actions, or proceedings.
User Data
We retain the data you transmit to the Services for performance management purposes and data related to your use of the Services. While we regularly back up data, you bear sole responsibility for any data you transmit or that pertains to your activities using the Services. By using the Services, you agree that we are not liable for any loss or corruption of such data, and you waive any right to take action against us about such loss or corruption.
Electronic Communications, Transactions, and Signatures
By accessing the Services, sending us emails, and completing online forms, you engage in electronic communications. By doing so, you expressly consent to receive electronic communications from us. You further agree that all agreements, notices, disclosures, and other communications provided to you electronically—via email or through the Services—fulfill any legal requirement for written communication. Additionally, you hereby acknowledge and accept the use of electronic signatures, contracts, agreements, orders, and other records. Furthermore, you agree to electronic delivery of notices, policies, and records related to transactions initiated or completed by us or via the Services. By accepting these terms, you waive any rights or requirements under statutes, regulations, rules, ordinances, or other laws in any jurisdiction that mandate an original signature or the delivery or retention of non-electronic records. This includes any requirements related to payments or the granting of credits, which must be conducted exclusively through electronic means.
California Users and Residents
In the event that any complaint remains unresolved to your satisfaction, we encourage you to reach out to the Complaint Assistance Unit within the Division of Consumer Services at the California Department of Consumer Affairs. You can do so by submitting a written communication to their office at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834. Alternatively, you may contact them via telephone at either (800) 952-5210 or (916) 445-1254.
Miscellaneous
These Legally Binding Terms, along with any policies or operational guidelines disseminated by us on the Services or in connection with the Services, constitute the entirety of the agreement and mutual comprehension between you and us. Our omission to assert or enforce any entitlement or provision within these Legally Binding Terms shall not be construed as a waiver of the foregoing entitlement or provision. These Legally Binding Terms operate to the fullest extent permissible under the law. We retain the prerogative to assign any or all of our rights and obligations to third parties at our discretion. We disclaim any responsibility or liability for any loss, damage, delay, or failure to act arising from causes beyond our reasonable control. Should any provision or segment of a provision within these Legally Binding Terms be deemed unlawful, void, or unenforceable, such provision or segment shall be severable, leaving the validity and enforceability of the remaining provisions unaffected. No joint venture, partnership, employment relationship, or agency association is established between you and us by virtue of these Legally Binding Terms or your utilization of the Services. You expressly waive any defenses based on the electronic format of these Legally Binding Terms and the absence of physical signatures by the parties hereto in executing these Legally Binding Terms and Conditions.
Contact Us
In order to receive further information regarding the use of the Services or to resolve a complaint regarding the Services, please contact us at:
ImmiThrive LLC
Email: info@ImmiThrive.com
Address: 53 State Street, Suite 500, Boston, MA 02109, United States.
TERMS AND CONDITIONS
Last updated March 20, 2024
We are ImmiThrive LLC ("Company," "we," "us," "our", "our company"), a company registered in Boston, Massachusetts, United States. We operate the website www.ImmiThrive.com (the "Site"، "Website"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
You can contact us by:
Email: info@ImmiThrive.com
Address: 53 State Street, Suite 500, Boston, MA 02109, United States.
These Legal Terms establish a binding agreement between you, whether you are representing an organization or acting on your own, and ImmiThrive LLC. These terms govern your access to and use of the Services. By using the Services, you confirm that you have read, understood, and agreed to all these Legal Terms, including the Disclaimer. If you disagree with any part of the terms, you are strictly prohibited from using the Services, and you must immediately stop using them.
We will inform you in advance about any planned changes to the Services you use to the best of our ability. The updated Legal Terms will take effect once posted or notified via info@ImmiThrive.com, as indicated in the email message. By continuing to use the Services after the effective date of any changes, you agree to abide by the revised terms.
Our Services are intended for individuals who are 13 years old or older. If you are a minor (typically under the age of 18), you must first obtain permission from your parent or guardian and be directly supervised by them in order to use our Services. Before using our Services, minors must have their parent or guardian review and agree to our Legal Terms
Our Services
The Services are not meant to be used by any individual or organization in any jurisdiction or country where such use or distribution is against the law or regulations; if you choose to access the Services from such locations, you do so at your initiative and are solely responsible for complying with local laws. It is important to note that the Services may not be specifically tailored to adhere to industry-specific regulations like the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA). Therefore, if such laws govern your interactions, it is advisable not to use the Services. Furthermore, using the Services should not violate the Gramm-Leach-Bliley Act (GLBA).
Intellectual Property Rights
Our intellectual property
We hold all intellectual property rights in our Services, including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively referred to as ‘Content’). Additionally, the trademarks, service marks, and logos within the Services (‘Marks’) are owned by us or licensed to us.
Our Content and Marks are safeguarded by copyright and trademark laws, as well as other intellectual property rights and unfair competition laws, both in the United States and globally. These protections extend to our users’ benefit.
Please note that the Content and Marks are provided ‘AS IS’ and are intended solely for personal, non-commercial use or internal business purposes.
Your use of our Services
We grant you a non-exclusive, non-transferable, and revocable license to access the Services and download or print portions of the Content that you have rightfully gained access to, subject to your adherence to these Legal Terms. This license is strictly for personal, non-commercial use or internal business purposes. However, you are not allowed to copy, reproduce, or aggregate any part of the Services, Content, or Marks without our express prior written permission. Furthermore, you cannot republish, upload, post, publicly display, or distribute them for any commercial purpose whatsoever. Please take note of the "PROHIBITED ACTIVITIES" section below.
Should you wish to utilize the Services, Content, or Marks beyond the scope outlined in this section or elsewhere in our Legal Terms, kindly direct your request to info@ImmiThrive.com. If we ever grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must acknowledge us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice is visible.
We retain all rights not explicitly granted to you about the Services, Content, and Marks. Any violation of these Intellectual Property Rights will constitute a material breach of our Legal Terms, leading to the immediate termination of your right to use our Services and further legal actions as indicated.
Your Submissions
Before using our Services, it’s crucial to understand your rights and obligations. By submitting any content or information about the Services (“Submissions”), you agree to assign all intellectual property rights in those Submissions to us. We, in turn, have the right to use and disseminate your Submissions for any lawful purpose without acknowledgment or compensation to you.
When posting or uploading content, you must adhere to the following guidelines:
• Prohibited Activities: You confirm that you’ve read and agree with our “PROHIBITED ACTIVITIES” section. You will not post, send, or transmit any illegal Submission, harassing, hateful, harmful, defamatory, obscene, abusive, discriminatory, or misleading.
• Moral Rights: You waive any moral rights associated with your Submissions.
• Originality: Your Submissions should be original, or you must have the necessary rights and licenses to submit them.
• Confidentiality: Your Submissions should not contain confidential information.
Remember that you are solely responsible for your Submissions and agree to reimburse us for any losses resulting from your breach of these terms.
User Representations
By utilizing the Services, you affirm and guarantee the following:
1. The registration information you provide will be accurate, current, and complete.
2. You will promptly update your registration information as needed.
3. You possess the legal capacity and agree to abide by these Legal Terms.
4. You are not under the age of 13.
5. If you are a minor, you have obtained parental permission to use the Services.
6. You will not access the Services using automated or non-human methods (such as bots or scripts).
7. You will not employ the Services for illegal or unauthorized purposes.
8. Your use of the Services will comply with applicable laws and regulations.
Failure to provide accurate, truthful, and up-to-date information may result in account suspension or termination, and we reserve the right to refuse current or future use of the Services.
User Registration
In order to access the Services, you may need to register. It is your responsibility to keep your password confidential and monitor all activity associated with your account. We reserve the right to modify, reclaim, or change any username that we find inappropriate, obscene, or otherwise objectionable.
Purchases and Payments
We accept the following payment methods:
1. Visa
2. Mastercard
3. American Express
4. Discover
5. Debit Card
6. Checking account
7. E-Check
8. Zelle
9. PayPal
When utilizing our services, it is imperative to provide us with precise and current information for all payments. We respectfully request that you ensure your account details, email address, payment method, and card expiration date are updated promptly to prevent any potential issues with transactions or communication. To cover credit card processing fees, we will add a 3.5% fee to the total value of the transactions made by credit card. We will add sales tax to the purchase price as required by legislation. We reserve the right to modify fees at any time. All payments shall be made in United States dollars.
When initiating payments, we request your authorization to debit your chosen payment provider for the relevant amounts. We reserve the right to rectify any discrepancies in pricing, even after payment has been requested or received. Additionally, we maintain the right to exercise discretion in accepting orders and may restrict or limit orders if there is any suspicion of fraudulent activity.
Prohibited Activities
Please be advised that the following guidelines must be adhered to when utilizing our Services. The Services are intended for their specific use and must not be employed for any other purpose. Additionally, commercial activities are strictly prohibited unless explicitly authorized by our law firm.
1. Unauthorized Data Retrieval: Please refrain from systematically collecting or compiling data from the Services without our written consent.
2. Fraudulent Behavior: Please ensure you do not deceive, defraud, or mislead our law firm or other users, particularly when attempting to obtain sensitive account information.
3. Security Interference: Please do not circumvent or disable security features that safeguard the Services or restrict content usage.
4. Avoid Harmful Actions: Please refrain from disparaging or tarnishing our law firm's reputation or the Services.
5. Respect Others: Please do not utilize information obtained from the Services to harass, abuse, or harm others.
6. Avoid Misuse: Please avoid misusing our support services or submitting false reports of abuse or misconduct.
7. Compliance with Laws: Please use the Services in accordance with applicable laws and regulations.
8. Unauthorized Framing or Linking: Please do not engage in unauthorized framing or linking to the Services.
9. Malicious Content: Please refrain from uploading or transmitting viruses, Trojan horses, or other harmful material that interferes with others' use of the Services.
10. Automated Use: Please avoid automated system use, such as scripts or data mining tools.
11. Content Notice: Please remove copyright or proprietary rights notices from the content you upload.
12. User Impersonation: Please avoid impersonating other users or individuals, and refrain from using someone else’s username.
13. Information Collection: Please do not upload or transmit material that acts as an information collection or transmission mechanism (such as “gifs,” 1x1 pixels, web bugs, cookies, or similar devices).
14. Service Disruption: Please refrain from interfering with, disrupting, or creating an undue burden on the Services or connected networks.
15. Respectful Interaction: Please refrain from harassing, annoying, intimidating, or threatening our employees or agents providing Services to you.
16. Do not attempt to bypass security measures: Please avoid any actions that aim to circumvent or evade the Services’ security features.
17. Respect software and code: Please refrain from copying, adapting, or reverse-engineering the Services’ software without proper authorization.
18. Void automated systems: Please do not use automated tools (such as spiders, robots, or scripts) to access the Services unless explicitly allowed.
19. No unauthorized collection of user data: Please do not collect usernames or email addresses for unsolicited purposes or create user accounts through automated or deceptive means.
20. Avoid commercial use: Please refrain from using the Services for revenue-generating activities or competitive purposes.
21. No unauthorized advertising: Please avoid using the Services to advertise or sell goods and services.
22. Profile transfer restrictions: Please do not sell or transfer your profile without proper authorization.
User Generated Contributions
The provided services do not allow users to submit or post content directly. However, we offer you an opportunity to create, submit, display, and transmit various kinds of content and materials through the Services. These may include personal information, graphics, text, suggestions, comments, audio, or photographs (collectively referred to as ‘Contributions’). It is imperative to note that your Contributions may be viewed by other users of the Services and third-party websites. Furthermore, any Contributions you transmit shall be handled in strict accordance with the Service’s Privacy Policy. By creating or making Contributions available, you assert and warrant that:
1. Intellectual Property Rights: It is of paramount importance that any and all Contributions made by you, inclusive of their creation, distribution, transmission, public display, or performance, as well as accessing, downloading, or copying them, are precluded from violating the proprietary rights, including but not limited to copyright, patent, trademark, trade secret, or moral rights, of any third-party entities. It is incumbent upon you to exercise the utmost caution and diligence in ensuring that all intellectual property rights are observed and respected.
2. Ownership and Authorization: As a user of these services, it is essential that you have either created or owned your contributions. Alternatively, you must possess the necessary licenses, rights, consents, releases, and permissions to grant us, the services, and other users the right to use your contributions as intended by the services and the accompanying legal terms. You must understand these requirements in order to ensure that you are in compliance with the legal terms and able to utilize the services to their full potential.
3. Consent and Likeness: It is imperative to obtain written consent, release, and/or permission from every identifiable person in your contributions to utilize their name or likeness for inclusion and use in any manner envisaged by Services and Terms and Conditions. This is a mandatory step towards ensuring that all parties concerned are accorded due respect and in compliance with legal requirements.
4. Accuracy and Honesty: Please ensure that your contributions are precise, truthful, and devoid of any misleading information. It is essential to maintain a high level of professionalism with your contributions.
5. Non-Solicitation: Any contributions made must not include unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or any form of solicitation.
6. Respectful Content: Ensure that your Contributions do not contain any content that could be considered obscene, lewd, lascivious, violent, harassing, libelous, slanderous, or objectionable in nature. We appreciate your cooperation in maintaining a respectful and professional environment for all users.
7. Avoiding Harm: All contributions made shall not contain derogatory, belittling, or threatening language towards any individual or group. Additionally, all contributions should refrain from promoting any form of violence.
8. Legal Compliance: Ensure your contributions comply with all relevant laws, regulations, and rules.
9. Privacy and Publicity Rights: Your contributions must adhere to the necessary standards and do not infringe upon any third party's privacy or publicity rights.
10. Child Protection: Please ensure that any contribution you make is in compliance with the relevant laws regarding child protection and does not pose any threat to the health and safety of minors.
11. Respectful and Inclusive Content: Contributions must be respectful and free of any offensive comments that may pertain to an individual's race, national origin, gender, religion, sexual orientation, or physical ability. Maintaining a professional and inclusive environment for all individuals involved is essential.
12. Compliance with Legal Terms and Laws: Any Contributions made must not contravene any provision of these Legal Terms or any applicable law or regulation.
Any use of the Services that violates the Legal Terms could result in the termination or suspension of your access to the Services. Please review and comply with the Legal Terms to ensure that you continue to enjoy uninterrupted access to our Services.
Contribution License
By utilizing our services, you acknowledge and agree that we have the right to access, store, process, and use any information and personal data you provide. This usage is subject to the terms outlined in the Privacy Policy and your selected settings. We greatly appreciate your input and welcome any feedback or suggestions related to the Services. By submitting such feedback, you consent to our use and sharing of it for any purpose without any compensation. We would like to emphasize that we do not claim any ownership rights over your contributions. You retain full ownership of all your contributions, including any associated intellectual property or proprietary rights. Additionally, we assume no liability for statements or representations made in your contributions within any area of the Services. It is important to note that you bear sole responsibility for your contributions and hereby agree to release us from any and all liability and refrain from taking legal action against us in relation to your contributions.
Third-Party Websites and Content
The Services may provide access to third-party websites and third-party content. Please be advised that we have not scrutinized these external sources for accuracy, appropriateness, or completeness. As such, we cannot assume responsibility for any third-party websites accessed through the Services or any third-party Content posted on, available through, or installed from the Services. We would like to clarify that the inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or Content does not imply our endorsement. If you choose to leave the Services and engage with Third-Party Websites or utilize Third-Party Content, you assume the associated risks. We would like to inform you that the Legal Terms will no longer apply in such instances. It is advisable to review the relevant terms, policies, privacy practices, and data collection procedures of any external website you visit from the Services or any applications you acquire or install from the Services. Any transactions conducted through Third-Party Websites are solely between you and the respective third party. We would like to assert that we do not endorse the products or services offered on Third-Party Websites, and we shall not be held liable for any consequences arising from your interactions with such products or services.
Services Management
As a provider of digital services, we possess the authority to engage in the following actions, albeit not obligated to do so:
1. Monitoring: In order to identify potential violations of our Legal Terms, we maintain the right to monitor our Services.
2. Legal Action: We retain the right, at our sole discretion, to take appropriate legal measures, including reporting any user to law enforcement agencies, if we suspect that they are in contravention of the law or our Legal Terms.
3. Access Restrictions: We reserve the right to refuse, limit the availability of, or disable any of your Contributions or any portion thereof to the extent technologically feasible.
4. Content Management: Without any liability, we reserve the right to remove or disable files and content that are excessively large or burdensome to our systems.
5. Service Management: We manage the Services to protect our rights and property and ensure proper functioning.
Privacy Policy
We prioritize the safety and confidentiality of our users' data. You agree to adhere to our Privacy Policy by availing of our Services. It's imperative to note that our services are hosted in the United States. If you access our services from a region with varying laws governing the collection, utilization, or disclosure of personal data, you expressly consent to transferring and processing your data in the United States.
In addition, we comply with the US Children's Online Privacy Protection Act (COPPA). If we detect that anyone under the age of 13 has provided personal information without verifiable parental consent, we will take appropriate action to remove that information from our services.
Term and Termination
These Terms and Conditions shall remain in effect throughout your use of our Services. Without limiting any other provision, we retain sole discretion, without notice or liability, to restrict access to and use of the Services (including blocking specific IP addresses) for any reason or no reason. This includes instances of breach of representations, warranties, or covenants outlined in these Legal Terms or any applicable law or regulation. Furthermore, we reserve the right to terminate your use or participation in the Services, delete your account, and remove any content or information you have posted, all at our sole discretion and without prior warning.
If we terminate or suspend your account, you are prohibited from creating a new account under your name, a fictitious name, or the name of any third party, even if you are acting on behalf of that third party. Additionally, we reserve the right to pursue appropriate legal action, including civil, criminal, and injunctive remedies, in addition to account suspension or termination.
Modifications and Interruptions
We hereby reserve the right to modify, amend, or delete any content within the Services at our sole discretion and without prior notification. However, we are not obligated to update any information on our Services. We would like to inform you that we shall not be held liable for any changes, price adjustments, service suspensions, or service discontinuations by you or any third parties availing of our services.
As we strive to provide a seamless experience with our Services, we may encounter hardware, software, or other issues that require maintenance, which may result in interruptions, delays, or errors. We retain the right to modify, revise, update, suspend, or discontinue our Services at any time and for any reason without prior notice to our users. By utilizing our Services, we acknowledge and understand that we assume no liability for any loss, damage, or inconvenience arising from your inability to access or use our Services during periods of downtime or discontinuation. These Legal Terms do not impose any obligation on us to maintain or support our Services, nor do they mandate that we provide any corrections, updates, or releases related to our Services.
Governing Law
These legal terms, along with your usage of the services, are subject to the jurisdiction and interpretation of the laws of the Commonwealth of Massachusetts. These laws apply to agreements formed and fully executed within the geographical boundaries of the Commonwealth of Massachusetts, irrespective of any conflict of law principles.
Dispute Resolution
Agreement on Jurisdiction and Venue:
1. Commencement of Legal Action: Any legal action arising from contract, tort, or other causes brought by either party shall be initiated or prosecuted exclusively in the state and federal courts situated in Suffolk County, Massachusetts. The parties, collectively referred to as the "Parties" and individually as a "Party," hereby agree to abide by this jurisdictional requirement.
2. Consent and Waiver: The Parties hereby consent to the jurisdiction of the foregoing courts and expressly waive any defenses related to lack of personal jurisdiction or forum non conveniens. This agreement is a testament to the Parties' unwavering commitment to the legal process and their desire to resolve any disputes in accordance with the law.
3. Exclusions: This agreement explicitly excludes the application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA). The Parties acknowledge and agree that these legal terms will not apply to interpreting or enforcing this agreement.
4. Statute of Limitations: The Parties agree that no claim, action, or proceeding concerning the Services shall be commenced more than one (1) year after the cause of action first arose. The Parties view this provision as an essential component of this agreement, ensuring that any legal disputes will be addressed promptly and efficiently without undue delay or uncertainty.
Corrections
You may come across information on our platform containing typographical errors, inaccuracies, or omissions. We understand that such errors can be frustrating and may impact your experience. Please be assured that we take the accuracy of our information seriously and will make every effort to rectify any possible mistakes. We reserve the right to modify or update the information on the Services without prior notice in order to ensure the most accurate and up-to-date information is available to our users.
Disclaimer
The information provided on this website is intended for informational purposes only and should not be construed as legal advice. We strongly recommend seeking the advice of a qualified attorney regarding your specific circumstances. We invite you to contact us and/or book a consultation with our law firm. We welcome your inquiries via phone, email, or mail correspondence.
However, the invitation to contact our firm, submitting a contact and/or consultation form, sending a text message, making a phone call, leaving a voicemail, or sending a mail correspondence does not create an attorney-client relationship.
We kindly request that you refrain from sharing confidential information until such a relationship is established.
Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure.
Our services are provided "as-is" and "as available." By using our services, you acknowledge that you do so at your own risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with our services and your use. This includes, but is not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We cannot provide any guarantee regarding the accuracy or comprehensiveness of the content within our Services or the content of any third-party websites or mobile applications linked to our Services. Additionally, we assume no responsibility or liability for the following:
1. Content and material errors, mistakes, or inaccuracies.
2. Personal injury or property damage resulting from your use of our Services.
3. Unauthorized access to our secure servers, personal information, or financial data stored therein.
4. Disruptions or interruptions to data transmission to or from our Services.
5. Third-party transmission of bugs, viruses, Trojan horses, or similar issues through our Services.
6. Loss or damage incurred due to errors or omissions in content, material, or the use of any content posted, transmitted, or otherwise made available via our Services.
The Services provided by our company may feature advertisements or offers by third-party providers of products or services whose content, quality, and reliability we do not warrant, endorse, guarantee, or assume responsibility for. It is essential to clarify that we will not be involved in monitoring any transaction between you and these third-party providers. As such, we advise you to exercise your best judgment and caution when purchasing. It is always prudent to approach any such transaction with a healthy degree of discernment.
Limitations of Liability
It is important to note that we, our directors, employees, or agents shall not be held liable for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages that may arise from your use of our Services, including but not limited to lost profit, lost revenue, loss of data, or other damages. This applies even if we have been informed of the possibility of such damages. Our liability to you for any cause whatsoever and regardless of the form of the action shall at all times be limited to the lesser of the amount paid, if any, by you to us. However, It should be noted that certain US state and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. As such, if these laws apply to you, some or all of the above disclaimers or limitations may not be applicable, and you may have additional rights.
Indemnification
Upon accepting these terms, you agree to take full responsibility for defending, indemnifying, and absolving us, as well as our subsidiaries, affiliates, officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including attorneys’ fees and expenses. We would like to outline the specific scenarios that are covered by this agreement.
Firstly, you agree to defend us if any third party claims your use of the Services provided. Secondly, if you violate any of the Terms and Conditions, you will indemnify us against any resulting harm. Thirdly, you will be responsible for any losses incurred if your representations and warranties are breached. Fourthly, if you infringe on someone else’s rights (such as intellectual property rights), you will indemnify us. Lastly, any harmful actions toward other users via the Services will require your defense.
Nevertheless, we reserve the right to take exclusive control of any matter where you need to indemnify us. We will notify you of any such claims, actions, or proceedings.
User Data
We retain the data you transmit to the Services for performance management purposes and data related to your use of the Services. While we regularly back up data, you bear sole responsibility for any data you transmit or that pertains to your activities using the Services. By using the Services, you agree that we are not liable for any loss or corruption of such data, and you waive any right to take action against us about such loss or corruption.
Electronic Communications, Transactions, and Signatures
By accessing the Services, sending us emails, and completing online forms, you engage in electronic communications. By doing so, you expressly consent to receive electronic communications from us. You further agree that all agreements, notices, disclosures, and other communications provided to you electronically—via email or through the Services—fulfill any legal requirement for written communication. Additionally, you hereby acknowledge and accept the use of electronic signatures, contracts, agreements, orders, and other records. Furthermore, you agree to electronic delivery of notices, policies, and records related to transactions initiated or completed by us or via the Services. By accepting these terms, you waive any rights or requirements under statutes, regulations, rules, ordinances, or other laws in any jurisdiction that mandate an original signature or the delivery or retention of non-electronic records. This includes any requirements related to payments or the granting of credits, which must be conducted exclusively through electronic means.
California Users and Residents
In the event that any complaint remains unresolved to your satisfaction, we encourage you to reach out to the Complaint Assistance Unit within the Division of Consumer Services at the California Department of Consumer Affairs. You can do so by submitting a written communication to their office at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834. Alternatively, you may contact them via telephone at either (800) 952-5210 or (916) 445-1254.
Miscellaneous
These Legally Binding Terms, along with any policies or operational guidelines disseminated by us on the Services or in connection with the Services, constitute the entirety of the agreement and mutual comprehension between you and us. Our omission to assert or enforce any entitlement or provision within these Legally Binding Terms shall not be construed as a waiver of the foregoing entitlement or provision. These Legally Binding Terms operate to the fullest extent permissible under the law. We retain the prerogative to assign any or all of our rights and obligations to third parties at our discretion. We disclaim any responsibility or liability for any loss, damage, delay, or failure to act arising from causes beyond our reasonable control. Should any provision or segment of a provision within these Legally Binding Terms be deemed unlawful, void, or unenforceable, such provision or segment shall be severable, leaving the validity and enforceability of the remaining provisions unaffected. No joint venture, partnership, employment relationship, or agency association is established between you and us by virtue of these Legally Binding Terms or your utilization of the Services. You expressly waive any defenses based on the electronic format of these Legally Binding Terms and the absence of physical signatures by the parties hereto in executing these Legally Binding Terms and Conditions.
Contact Us
In order to receive further information regarding the use of the Services or to resolve a complaint regarding the Services, please contact us at:
ImmiThrive LLC
Email: info@ImmiThrive.com
Address: 53 State Street, Suite 500, Boston, MA 02109, United States.