Terms of Use
Last modified: 06/14/2023
You understand and agree that evisa.us by GovAssist, LLC (‘GovAssist’) is not a law firm or an attorney, may not perform services performed by an attorney, and its forms or templates are not a substitute for the advice or services of an attorney. Rather, you are representing yourself in this legal matter. No attorney-client relationship or privilege is created with the use of GovAssist or its website located at https://evisa.us (our “site”). Your visit and/or use of this website indicates that you agree and clearly understand the Disclaimers, Privacy, and Refund policies indicated on this website.
You understand that these Terms of Service contain a binding arbitration agreement on an individual basis to resolve disputes, rather than jury trials or class actions, and limit the remedies available to you in the event of a dispute.
You agree to receive electronic communications from GovAssist as part of the services we provide. As part of our services, we may assign a unique email address to your account to help GovAssist receive notices from the government body processing your travel document and submitting your application. If, at any time, you do not want GovAssist to continue to use this email associated with your account, or stop receiving notices about your application, please let us know by emailing us at [email protected].
You understand that GovAssist’s review of your answers is limited to completeness, spelling, and for internal consistency of names, addresses, and the like. You will read the final application(s) before signing it, where applicable, and agree to be solely responsible for the final application (s) and its content.
Accuracy of Information and Third-Party Consent
By signing this agreement, to the best of your knowledge, you guarantee the accuracy and correctness of all the information provided to GovAssist and the evisa.us and you additionally agree with our third-party processing authorizations which involve using your data and digital signature.
Electronic Records and Signatures
You are giving GovAssist and the evisa.us consent to affix your electronic signature where required and to file the mandatory and necessary documents for the service purchased from us. You understand that you have the right to withdraw your consent at any given time, by contacting us at [email protected] and this will result in the immediate discontinuation of our services.
Non-English-Speaking Customers
You understand that certain materials on the GovAssist evisa.us, including but not limited to questionnaires, documents, instructions, and filings, are only available in English. Non-English translations of these Terms, as well as other terms, conditions, and policies, are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and decisive.
Limitation of liability and indemnification
Except as prohibited by law, you will hold GovAssist and its officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however, it arises (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if GovAssist has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of GovAssist, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages. Some states or territories do not allow the exclusion or limitation of punitive, incidental, or consequential damages, so the prior limitation or exclusion may not apply to this agreement.
Third-party services
If you purchased a product that involves third-party services, you understand that you may be required to accept additional terms located on the third party’s website. The third party may contact you by email and/or phone with instructions on how to access your benefits. GovAssist hereby disclaims liability for any information, materials, products, or services posted or offered as part of any third-party services. GovAssist is not liable for any failure of products or services offered or advertised on those websites. Please be aware that a third-party company will have a different privacy policy than the GovAssit websites and that they might insure a lower level of security than GovAssist, LLC.
Future Products and Services
If you choose to add a product or service to your order after this initial purchase in a future purchase, these Terms of Service will apply to that additional product or service purchase as well.
Refund Policy
I understand that GovAssist has a clearly stipulated Refund Policy that is herein incorporated in these Terms of Service. The terms of the Refund Policy are accessible at https://evisa.us/refund-policy/.
Governing Law
These Terms of Use and your use of this website shall be governed by and construed for both substantive and procedural purposes in accordance with the laws of the Commonwealth of Puerto Rico, USA, without giving effect to any principles of any choice or conflict of law provision or rule that would cause the laws of any jurisdiction other than those of the District of San Juan to apply.
Timing of Claims
Any cause of action or claim you may have with respect to this website (including, but not limited to, the purchase of any products and/or services) must be commenced within one (1) year after the claim or cause of action arises.
Arbitration and Venue
Any dispute relating in any way to your visit to this website shall be submitted to confidential arbitration in The Commonwealth of Puerto Rico, USA, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court, and you consent to jurisdiction and venue in such courts. Arbitration under these Terms of Use shall be conducted under the rules then prevailing of the American Arbitration Association in accordance with its Commercial Arbitration Rules and before a single arbitrator.
Ultimately, the selected arbitrator must have expertise in the subject matter of the dispute. The expenses of the arbitration charged by the arbitrator shall be borne by the prevailing party or otherwise as appropriately allocated between the parties to the arbitration by the arbitrator in his or her discretion. However, in every other regard, each party shall pay for and bear its own costs and legal fees, costs, and expenses. The arbitration shall be completed within one hundred twenty (120) days of either giving notice or filing a demand to arbitrate with the American Arbitration Association (whichever shall first occur).
Final Arbitration
The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction in the Commonwealth of Puerto Rico, USA. The testimony, evidence, ruling, and all documentation regarding any arbitration shall be considered confidential information. Neither party may use, disclose, or divulge any such information unless otherwise required by law.
Class Action Waiver
To the fullest extent permitted by applicable law, no arbitration under these Terms of Service shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one (1) person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. By your use of this website, you affirm your accordance and agreement with the waiver.
Suspended Accounts
You agree that we have the right, but not the obligation, to monitor, suspend, terminate, edit, disclose, refuse to post, or remove at any time, for any reason in our sole discretion, any material, content, and/or activity anywhere on this website. Notwithstanding this right, we do not and cannot review all materials submitted to this website. If notified, we may investigate an allegation that content transmitted to us is in violation of these Terms of Service and determine whether to have the communication removed. However, we are under no obligation to remove content and assume no responsibility or liability arising from or relating to any actions or content transmitted by or between you or any third party within or outside of this website, including, but not limited to, any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.
Filing Fees
Listed purchase prices for application preparation assistance services do NOT include any government application, medical examination fee, filing, or biometrics fees. Government fees are non-refundable. See Refund Policy, accessible at evisa.us.
Reviews
After your purchase, you may receive an email survey request from GovAssist. You may also write a review on the website. If you complete the survey or submit a review, your opinions may be posted, in whole or in part, on the website or used in marketing material. The review may be accompanied by limited identifying information, such as your first name and last initial, the product you purchased, your gender, city and/or state, and age range.
Force Majeure
GovAssist shall not be considered in breach of or default under these Terms of Service or any contract with me or any other user, and shall not be liable to me for any cessation, interruption, or delay in the performance of its obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, the act of God or the public enemy, epidemic, pandemic, famine or plague, the action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a “Force Majeure Event”). If a Force Majeure Event continues for more than 60 days in the aggregate, GovAssist may immediately terminate these Terms of Service and shall have no liability to me for or because of any such termination.
Right to refuse
You acknowledge that GovAssist reserves the right to refuse service to anyone.
You understand that these terms affect my legal rights and obligations. If you do not agree to be bound by all these terms, you will not use this service. By proceeding with my purchase, you agree to these Terms of Service.
