Last Update: June 1, 2020
1. Scope of Agreement
Description of Services
2. Description of Services; No Affiliation with USCIS
DYgreencard is a platform designed to assist you in completing United States Citizenship and Immigration Services (USCIS) forms as well as forms required by other governmental agencies. DYgreencard provides information and step-by-step instructions intended to make the completion of such forms less confusing. DYgreencard is not affiliated with or endorsed by USCIS or any United States government agency. All USCIS and other forms are available without cost from USCIS and other applicable agencies. Use of the DYgreencard Site and Services is not required to complete and file such forms.
Not a Law Firm
3. DYgreencard is Not a Law Firm and Does Not Provide Legal Advice
DYGREENCARD IS NOT A LAW FIRM AND IS NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY AND ITS SERVICES SHOULD NOT BE CONFUSED WITH LEGAL ADVICE. YOUR AGREEMENT TO THE TERMS OF THIS AGREEMENT AND YOUR ACCESS AND USE OF THE DYGREENCARD SITE AND SERVICES DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND DYGREENCARD. IF YOU PURCHASE SERVICES THAT INCLUDE IMMIGRATION ATTORNEY REVIEW, YOUR RELATIONSHIP WITH THE IMMIGRATION ATTORNEY WILL BE GOVERNED BY THE ATTORNEY AGREEMENT. IF YOU HAVE QUESTIONS REGARDING LEGAL MATTERS OR NEED LEGAL ADVICE YOU ARE ADVISED TO CONSULT A LICENSED ATTORNEY.
Accounts and Information
4. Accounts and Information
4.2. Your Application. If you purchase a service from us and file an application, we may assign a unique email address to your account for the sole purpose of enabling DYgreencard to receive directly from USCIS the receipt number assigned to your application. You agree that DYgreencard may use your receipt number to check your application status from time to time so that we may provide you pertinent general information about the steps in the application process. If, at any time, you do not want DYgreencard to retain your receipt number or to check your application status, let us know by Contact Us.
Use of Services
5. Access to and Use of Site and Services
5.1. License Grant to You. Subject to your complete compliance with the provisions of this Agreement, you are granted a limited, non-exclusive, non-transferable, revocable license to use the Site and Services solely in the manner authorized and intended by DYgreencard. Any rights not expressly granted in this Agreement are expressly reserved by DYgreencard. The resale or distribution of materials made available on the Site without the express, written consent of DYgreencard is prohibited. All such materials are authorized only for your own personal use.
5.2. Restrictions on Your Access To and Use of Site and Services
In connection with your access to or use of the Site or Services, you are prohibited from:
Submitting false, inaccurate, misleading or deceptive information, or failing to disclose information requested by DYgreencard or required to be included or disclosed on a USCIS form or other government form may result in your application being denied by the applicable government agency and DYgreencard will not have any liability to you as a result of such actions.
Violations of system or network security may result in civil or criminal liability. DYgreencard will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
5.3. License Grant by You. When you transmit any information, content, materials or data to or through the Site or Services, other than information, content, materials or data submitted for the purpose of creating your account or for preparing applications and/or forms (“User Content”), you hereby grant DYgreencard and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content, including throughout the world in any media. DYgreencard shall have no obligation to: (a) maintain any User Content you submit; (b) pay you any compensation of any kind for any User Content; or (c) respond to any User Content you submit. You represent and warrant that you own or have obtained all necessary rights and/or licenses to User Content that you submit, and that DYgreencard’ use of such User Content does not violate or infringe upon the rights of any person or entity.
6. Service Fees
6.1. Service Fees. While DYgreencard makes a large amount of information available without cost, it charges fees for some of its services (“Service Fees”). All Service Fees will be set forth on the Site. USCIS and other agencies charge fees for the filing and processing of various government forms (“Government Fees”). Government Fees are separate from our Service Fees and must be paid to the applicable government agency at the time of filing. Unless we indicate otherwise, you remain responsible for paying Government Fees directly to the applicable government agency.
6.2. Payment of Service Fees. When you purchase services for which Service Fees apply, you will be required to provide DYgreencard with valid, up-to-date credit card or other payment information. You authorize DYgreencard to charge your credit card or other payment method for all Service Fees you incur as they become due and payable. You are responsible for maintaining up-to-date payment information. If we cannot charge you for Service Fees when due because your payment information is incorrect or no longer valid, or if we do not receive your payment when due, DYgreencard will have no obligation to provide the services associated with those Service Fees.
6.3. Refund. If you receive a rejection or final denial from USCIS of the application prepared by DYgreencard, we will fully refund the fee you paid to DYgreencard for use of the Services of DYgreencard. Unless specifically stated to the contrary herein, all refunds will be calculated based on the purchase price paid at the time of purchase. All approved refunds for credit and debit card transactions are issued within two (2) business days. However, please be aware that it can take your bank up to five (5) additional business days for the credit transaction to post to your credit card or bank account, or for the pending charge to be cancelled. To request a refund, please Contact Us.
Intellectual Property Rights
7. Ownership and Intellectual Property Rights
This Site is owned by DYgreencard Inc. All right, title and interest in and to the materials provided on this Site, including but not limited to the “look and feel” of the Site (including its layout, color combinations, design, button shapes and other graphical elements), documents, information, logos, sounds, graphics, button icons, page headers, service marks, trade dress, trademarks, and images (collectively, the “Materials”) are owned either by DYgreencard Inc., or by third party authors, developers, or vendors that have licensed the Materials to DYgreencard Inc., (“Third Party Providers”). Except as otherwise expressly provided by DYgreencard Inc., none of the Materials may be republished, reproduced, copied, downloaded, uploaded, displayed, distributed, posted, or transmitted, in any way, including without limitation on any other Site or in a networked computer environment, and nothing on this Site shall be construed to confer any license under any of DYgreencard Inc.’s intellectual property rights, whether by estoppel, implication, or otherwise. Any rights not expressly granted herein to you are hereby reserved by DYgreencard Inc.
All Site design, text, graphics, and the selection and arrangement thereof, are owned by DYgreencard Inc. Copyright © 2019-2020. DYgreencard Inc. ALL RIGHTS RESERVED.
8. Copyright Infringement (Digital Millennium Copyright Act)
If you are a copyright owner or an agent thereof and believe that any content on this Site or any Material infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail)
Our designated Copyright Agent to receive notifications of claimed infringement is: DYgreencard Inc., Attn: Copyright Agent, 1871 The Alameda Suite 150, San Jose CA 95126. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to our customer service department via our Contact Us page. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
Third Party Sites
9. Links to Third Party Sites
The Site may contain links to other sites, which are completely independent of this Site and are provided to you only as a convenience. DYgreencard makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in, or the products or services provided or sold by, any such site. Your linking to any other sites is at your own risk and you acknowledge that you bear all risks associated with access to and use of any information, content, advertising, data, services, products, or materials on or available through such sites, and your access to and use of such sites is subject to the terms and conditions of use applicable to such sites. You agree that DYgreencard is not responsible for any damage or loss of any sort you may incur from dealing with such third party site(s).
Privacy and Information Disclosure
10. Privacy and Information Disclosure
11. Disclaimer of Warranty
THE SITE AND THE SERVICES ARE PROVIDED BY DYGREENCARD ON AN “AS IS” AND “AS AVAILABLE” BASIS. DYGREENCARD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE, SERVICES, OR INFORMATION, CONTENT, OR MATERIALS OFFERED ON THE SITE OR THROUGH THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DYGREENCARD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. DYGREENCARD DOES NOT WARRANT THAT THE SITE OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT, AND YOU ACKNOWLEDGE THAT DYGREENCARD WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITH YOU WITHOUT YOUR AGREEMENT TO THE TERMS OF THIS DISCLAIMER. THIS DISCLAIMER OF WARRANTY DOES NOT APPLY TO THE PURCHASE OF SERVICES BY NORTH CAROLINA CONSUMERS.
Liability and Damages
12. Limitations of Liability and Damages
IF THERE IS LIABILITY IN ANY LEGAL PROCEEDING FOUND ON THE PART OF DYGREENCARD, ITS AFFILIATES, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES OR AGENTS, IT WILL BE LIMITED TO THE AMOUNT PAID TO COMPANIES FOR SERVICES, EXCEPT AS PROVIDED IN AND PURSUANT TO THE ARBITRATION AGREEMENT, BELOW. UNDER NO CIRCUMSTANCES WILL SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES BE AWARDED, EVEN IF COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. EXCEPT AS PERMITTED BY LAW, NOTHING IN THIS PARAGRAPH IS INTENDED TO MODIFY THE PROVISIONS OF CALIFORNIA BUSINESS AND PROFESSIONS CODE §§ 6400, et seq., IF APPLICABLE.
YOU ACKNOWLEDGE THAT DYGREENCAD HAS SET ITS PRICES AND PROVIDED ACCESS TO OR USE OF THE SITE AND THE SERVICES, AND/OR ANY CONTENT IN RELIANCE OF THE LIMITATIONS OF LIABILITY AND DAMAGES AND THE INDEMNITY SET FORTH HEREIN, AND THAT THOSE PROVISIONS FORM AN ESSENTIAL BASIS UPON WHICH THESE TERMS ARE ESTABLISHED, AND UPON WHICH COMPANES HAVE PROVIDED TO YOU ACCESS TO OR USE OF THE SITE AND THE SERVICES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY AND DAMAGES AND THE INDEMNITY SET FORTH HEREIN SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
You agree to defend, indemnify and hold harmless DYgreencard, its affiliates, and their respective directors, officers and employees from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your breach of this Agreement, your improper use of the Site or Services, or your breach of any applicable law or infringement of the rights of a third party. DYgreencard shall have the right to participate in the defense of any such claim, at its own cost. You may not settle or negotiate any claim that results in liability to, or imposes any obligation upon, DYgreencard, financial or otherwise, without the written consent of DYgreencard.
This Agreement shall remain in force and effective unless and until terminated by either you or DYgreencard. You may terminate this Agreement at any time by Contact Us with written notice to DYgreencard. DYgreencard may terminate this Agreement immediately with or without notice, and/or may deny you access to the Site or Services, in DYgreencard’ sole discretion, in the event you breach, or threaten to breach, any term of this Agreement. Upon any termination of this Agreement, you must immediately discontinue use of the Site and Services. Sections 7 and 10-16 shall survive any termination of these this Agreement.
15. Dispute Resolution by Binding Arbitration
Please read this carefully. It affects your rights.
Most or your concerns can be resolved quickly to your satisfaction by contacting our Customer Center via our Contact Us page. In the unlikely event that the Customer Care Center cannot resolve your complaint to your satisfaction, or if DYgreencard has not been able to resolve a dispute with you after trying to do so informally, we each agree to resolve those disputes through binding arbitration rather than in court. Arbitration is less formal than a lawsuit. Arbitration uses a neutral arbitrator instead of a judge or jury, allows less discovery than courts, and is subject to very limited court review. Any arbitration under this Agreement will take place on an individual basis. Representative, group, collective or class actions or arbitrations are not permitted.
You may speak with your own lawyer before using the Site, purchasing any Services, but your use of the Site and the purchase of any Services constitutes your agreement to this Agreement.
15.1.DYgreencard and you agree to arbitrate all disputes and claims between us before a single arbitrator. The kinds of disputes and claims we agree to arbitrate are intended to be broadly interpreted, including but not limited to:
For the purposes of this Arbitration Agreement, references to “DYgreencard,” “you,” and “us” include our respective affiliates, subsidiaries, employees, agents, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Services under this Agreement or any prior agreements between us. This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and DYgreencard are each waiving the right to a trial by jury or to participate in a representative, group, collective or class action or arbitration. You acknowledge that use of this Site and/or purchase of Services constitutes a transaction in interstate commerce. The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement survives termination of this Agreement.
15.2. A party seeking arbitration under this Agreement must first send, by U.S. priority mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to DYgreencard should be addressed to: DYgreencard Inc., 1871 The Alameda Suite 150, San Jose CA 95126 (the “Notice Address”). DYgreencard may send a written Notice to the electronic mail address that you provided when you created an account, if any. The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If DYgreencard and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or DYgreencard may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by DYgreencard or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or DYgreencard is entitled. You may download or copy a form to initiate arbitration from the AAA website at https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_1.pdf
15.3. You need to pay the arbitration fling fee when you file an arbitration demand form with AAA. The filing fee for consumer-initiated arbitrations is currently $200, but this is subject to change by the arbitration provider. Except as otherwise provided herein, DYgreencard will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with this Agreement. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse the DYgreencard for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. All arbitration proceeding will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879 . The arbitrator is bound by this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide. Unless DYgreencard and you agree otherwise, any arbitration hearings will take place in the county or parish of the Notice Address. If your total claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephone hearing, or by an in-person hearing governed by the AAA Rules. If you choose to proceed either by telephone or in person, DYgreencard may choose to respond only by written or telephone. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a telephone or in-person hearing. The parties agree that in any arbitration under this Agreement, neither party will rely on any award or finding of fact or conclusion of law made in any other arbitration to which DYgreencard was a party. In all cases, the arbitrator shall issue a reasoned, written decision sufficient to explain the findings of fact and conclusions of law on which the award is based.
15.4. If, the arbitrator finds in your favor in any respect on the merits of your claim, and the arbitrator issues you an award that is greater than the value of DYgreencard’ last written settlement offer made before an arbitrator was selected, then DYgreencard will pay you either the amount of the award or $1,000 (“the Alternative Payment”), whichever is greater, plus the actual amount of reasonable attorney’s fees and expenses that you incurred in investigating, preparing, and pursuing your claim in arbitration (the “Attorney’s Payment”). If DYgreencard did not make you a written offer to settle the dispute before an arbitrator was selected, you will be entitled to receive the Alternative Payment and the Attorney’s Payment, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the Alternative Payment and the Attorney’s Payment at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. In assessing whether an award that includes attorney’s fees or expenses is greater than the value of DYgreencard’ last written settlement offer, the arbitrator shall consider only the actual attorney’s fees or expenses reasonably incurred before DYgreencard’ settlement offer.
15.5. The right to attorney’s fees and expenses discussed in paragraph (d) supplements any right to attorney’s fees and expenses you may have under applicable law. If you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney’s fees or costs. Under some laws DYgreencard may have a right to an award of attorney’s fees and expenses from you if it prevails in arbitration, DYgreencard will seek such an award.
15.6.The arbitrator may award monetary and injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND THE DYGREENCARD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED REPRESENTATIVE, GROUP OR CLASS ACTION OR ARBITRATION, OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and DYgreencard agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, group or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor DYgreencard may seek nonindividualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. All other claims remain subject to this Arbitration Agreement.
15.7. If the total amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.
15.8. Notwithstanding any provision in this Agreement to the contrary, DYgreencard agrees that if DYgreencard make any material change to this arbitration provision (other than a change to any notice address, website link or telephone number), that change will not apply to any dispute of which DYgreencard had written notice on the effective date of the change. Moreover, if DYgreencard seeks to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.
16. Miscellaneous Terms
16.1. Consent to Electronic Communications. You consent to receive communications from DYgreencard electronically, and you agree that all agreements, notices, disclosures and other communications that DYgreencard provides to you electronically, via email, or on the Site, satisfy any legal requirement that such communications or agreements be in writing.
16.2. Assignment. You may not assign your rights under this Agreement without the prior written permission of DYgreencard and any attempt by you to do so shall be null and void.
16.3. Waiver. The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
16.4. Severability. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way.
16.5. Changes to Agreement. DYgreencard may make changes to this Agreement at any time. If we make any material changes we will notify you via email if you have created an account (sent to the e-mail address specified in your account) or by posting the revised Agreement on the Site prior to any changes becoming effective. You should review our Agreement each time you access the Site or use the Services. Your continued use of the Site or Services following the posting of any changes or notice to you of the changes constitutes your agreement to such changes.
16.6. Governing Law. This Agreement and the relationship between you and DYgreencard shall be governed by the laws of the State of California without regard to any conflicts of laws principles.
16.7. Entire Agreement. This Agreement, including all agreements referred to and incorporated herein, sets forth the entire understanding and agreement between you and DYgreencard, and supersedes any and all other oral or written agreements or understandings between the parties.
16.8 Notice for California Users. Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.