
Terms & Conditions of Use
Last Updated: October 17, 2024
PLEASE READ THIS TERMS OF USE AGREEMENT (THE "TERMS") CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR ANY OTHER WEBSITES OF 123 Cityzen, INC. ("123 Cityzen") WITH LINKS TO THESE TERMS (COLLECTIVELY, THE "WEBSITE") IN ANY WAY, INCLUDING USING THE SERVICES ENABLED VIA THE WEBSITE (THE "SERVICES") BY 123 Cityzen OR USERS OF THE SITE ("USERS"), CLICKING THE "I ACCEPT" CHECK BOX, OR MERELY BROWSING THE WEBSITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.
With respect to your access and use of the Services, 123 Cityzen provides its Services to you, subject to the following Terms, which may be updated by 123 Cityzen from time to time without notice to you, and which updates become effective when posted. You are responsible for regularly reviewing these Terms. Also, you must be at least 18 years old or have the permission of your parent or guardian allowing you to use the Services.
123 Cityzen is not a law firm or a lawyer referral service, and the employees of 123 Cityzen are not in any way acting as your attorney. No content provided by 123 Cityzen is to be construed as legal advice, nor should it be construed as a substitute for the advice of an attorney. 123 Cityzen offers general information about the law and does not provide any legal advice.
In addition, when using particular Services, you and 123 Cityzen shall be subject to any posted guidelines or rules applicable to such sites or services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms. In the event that any of the Terms contained herein conflict with such guidelines or rules, these Terms shall control.
You must provide all equipment and software necessary to connect to the Services, including but not limited to, a computing or mobile device that is suitable to connect with and use the Services, and all corresponding backup, recovery, and maintenance services. You are solely responsible for any fees, including internet connection or mobile fees, that you incur when accessing the Services.
Our Privacy Policy is located at https://www.123cityzen.com/privacy-policy/. Your acceptance of these Terms constitutes your acceptance of such Privacy Policy, which is hereby incorporated by reference.
Permitted Use
Subject to these Terms, 123citizen hereby grants you the right to access and use the Services solely for personal, non-commercial purposes. The content and software of 123citizen are the proprietary property of 123citizen and/or its suppliers and partners, protected by U.S. and international copyright and other intellectual property laws. Any company or product names listed within the Services may be trademarks of their respective owners. 123citizen reserves the right to suspend, cancel, or limit the use of the Services with or without cause, and with or without notice. For example, we may suspend, cancel, or limit your use if it violates these Terms.
Mobile Application Use
By downloading, installing, or using any mobile application or any portion thereof ("Application") from 123citizen, you agree to the following terms of use. 123citizen grants you a non-transferable, non-exclusive, limited right and license to install and use the Application solely for personal, non-commercial purposes. You may not use the Application in any way that could damage, impair, disable, or overburden the Application (or the servers and networks connected to it), nor may you interfere with another party’s use and enjoyment of the Application. You agree that you are solely responsible for your use of the Application, any breach of your obligations under these Terms, and any consequences (including potential loss or damage suffered by 123citizen) resulting from such a breach.
Mobile Application Proprietary Rights
You acknowledge that (a) the Application contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) 123citizen and/or third parties own all rights, titles, and interests in and to the mobile Application and content, excluding content provided by you, that may be presented or accessed through the Application, including, without limitation, all Intellectual Property Rights therein and thereto. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any other proprietary rights, and any applications, renewals, extensions, and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not, and will not allow any third party to: (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble, or otherwise attempt to derive source code from the Application or content that may be presented or accessed through the Application for any purpose, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed, or enforced by any functionality contained in the Application, (iii) use the Application to access, copy, transfer, transcode, or retransmit content in violation of any law or third-party rights, or (iv) remove, obscure, or alter 123citizen’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Application.
No Unlawful or Prohibited Use
As a condition of your use of the Services, you warrant to 123citizen that you will not use the Services for any purpose that is unlawful, encourages illegal behavior, or is prohibited by these Terms. You agree not to use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Services.
Billing
To use the Services, you must provide 123citizen with accurate and complete billing information, including your legal name, address, and telephone number. By submitting credit card information, you give 123citizen express permission to charge all user fees, subscription charges, and any other charges and fees incurred for using the Services ("Fees") to the designated credit card. 123citizen reserves the right to terminate these Terms and your access to and use of the Services if you do not provide a valid credit card for the payment of Fees or if any Fees are not timely paid. All Fees may be billed in advance upon the commencement of your use of the Service, and are non-refundable. There will be no refunds or credits for partial use of the Service. Any add-on features or Services not provided in your service plan will be billed in accordance with the specific terms provided at the time the add-on features or Services are requested by you. All payments of Fees are exclusive of federal, state, local, and foreign taxes, duties, tariffs, levies, withholdings, and similar assessments (including, without limitation, sales taxes, use taxes, and value-added taxes), and you agree to bear and be responsible for the payment of all such charges, excluding taxes based on 123citizen’s net income.
No Legal Advice
The Services may include access to certain legal information, including information, articles, legal forms, and documents. Such information, if provided within the Services, is not legal advice and may not be relied upon as legal advice. 123citizen cannot guarantee that all the information, forms, or documents provided via the Services are current or correct. Neither the Services nor anything provided by 123citizen is a substitute for the advice of a competent attorney. If specifically selected by you, a portion of Fees may include a pre-negotiated fee to an independent third-party attorney or law firm ("Lawyer") for the delivery of legal services and advice by such Lawyer directly to you (collectively "Legal Services"). The Services do not include, nor does 123citizen in any way provide, Legal Services. All Legal Services are provided to you via a direct and separate relationship between you and a Lawyer. 123citizen does provide access to independent attorneys. When an independent attorney is accessed to review documents and forms as part of the ‘Attorney Review’ services offered by 123citizen, this is done through the Limited Scope Agreement (“Agreement”). This Limited Scope Agreement is between the independent law firm and/or independent attorney, and you (the “Client,” “you,” or “your”) for the review of your immigration documents and forms. 123citizen, Inc. is not a party to this Agreement. When you opt in for the ‘Attorney Review’ services via this Agreement, you agree 123citizen, Inc. is not liable for services performed pursuant to this Agreement. A limited scope representation means that the amount of work the attorney performs for you is limited to certain tasks. Limited scope representation is a means to provide access to legal services while making legal help affordable. The remainder of tasks required outside the scope of this Agreement, if any, will be your sole responsibility. You may choose to hire your attorney or another attorney to perform the additional tasks for additional fees. You may view a copy of the Limited Scope Agreement here. You will also be provided with a copy of this agreement upon request at any time after purchasing the "Attorney Review".
Each Lawyer is solely responsible for all Legal Services provided to you. Your use of the Services does not create or constitute an attorney-client relationship between you and 123citizen, any 123citizen employee, or any Lawyer. Your use of the Services is intended for general informational purposes only and is not a substitute for consultation with a Lawyer licensed to practice in your jurisdiction about your specific legal issues, and you should not rely upon such information.
All other fee arrangements must be negotiated directly between you and a Lawyer. Lawyers may require that you execute an attorney engagement agreement or a paid retainer prior to the delivery of any Legal Services.
Lawyers may provide certain information for inclusion in their profiles on the 123citizen website. Such profiles are advertisements, and you should always conduct your own investigation of a Lawyer. 123citizen does not verify or warrant the accuracy of information included on the profiles of Lawyers. 123citizen disclaims any responsibility for the information on the profiles of Lawyers, as well as any information on websites linked from such profiles. 123citizen expressly disclaims any representation or warranty of any kind with regard to the quality or outcome of the Legal Services to be performed by any Lawyer. There is no guarantee that by using the Services or any Legal Services provided by any Lawyer, your matter will have a successful outcome. 123citizen is not a lawyer referral service nor a prepaid legal services plan. 123citizen makes no endorsement of any Lawyer who may be listed on the 123citizen website, nor is inclusion in such a listing meant to imply that engaging with any such Lawyer is otherwise appropriate. You must carefully consider a Lawyer’s knowledge and experience prior to any engagement for Legal Services.
7Privacy and Disclosure of Information
We believe that your privacy and the privacy of all our users are important. Please review our Privacy Policy at http://www.123cityzen.com/privacy-policy/. 123 Cityzen reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, at 123 Cityzen's sole discretion. You agree to our use of your data in accordance with our Privacy Policy.
Termination
These Terms will continue to apply until terminated by either you or 123 Cityzen as set forth below. You may terminate these Terms at any time by permanently deleting the application from your mobile device in its entirety or ceasing your use of the Services. Your rights automatically and immediately terminate without notice from 123 Cityzen or any third party if you fail to comply with any provision of these Terms. In such an event, you must immediately delete the application.
Indemnity
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless 123 Cityzen, its partners, affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or accruing from your use of the Services, including your downloading, installation, or use of the Services, or your violation of these Terms or any documents it incorporates by reference.
Warranty Disclaimer
123 Cityzen does not promise that the Services will be error-free, uninterrupted, or that the Services will provide specific results from your use of any content, search, or link on them. The Services and all content contained within them are delivered on an "AS IS" and "AS AVAILABLE" basis without warranty of any kind. 123 Cityzen does not warrant or represent that files you download from the Services will be free of viruses or other harmful features. You are solely responsible for any damage to your mobile device or other devices, or any loss of data that results from such use. 123 Cityzen DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL 123 CITYZEN, OR ITS AFFILIATES AND PARTNERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE SERVICES. IN NO EVENT SHALL 123 CITYZEN’S AGGREGATE LIABILITY, OR THE AGGREGATE LIABILITY OF 123 CITYZEN’S AFFILIATES AND PARTNERS, TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THE SERVICES EXCEED THE GREATER OF THE FOLLOWING: (A) TOTAL AMOUNTS PAID BY YOU TO 123 CITYZEN FOR ACCESSING THIS SITE; OR (B) FIFTY U.S. DOLLARS ($50.00).
Governing Law/Arbitration
These Terms shall be treated as though executed and performed in the State of Utah, and shall be governed by and construed in accordance with the laws of the State of Utah, USA, without regard to its conflicts of law provisions. Neither the United Nations Convention on Contracts for the International Sale of Goods nor any enactment of the Uniform Computer Information Transactions Act shall apply to these Terms. Any dispute relating in any way to your use of the Services permissible under these Terms shall be submitted to confidential arbitration in Utah, 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 in the State of Utah. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Utah. Arbitration under these Terms shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to, or connected with the use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. 123 Cityzen operates the Service from its offices in the State of Utah. In any action or proceeding to enforce or interpret these Terms, the prevailing party will be entitled to recover from the other party its costs and expenses (including reasonable attorneys’ fees) incurred in connection with such action or proceeding and enforcing any judgment or order obtained.
License Grant to 123 Cityzen
Unless otherwise agreed upon in a separate written agreement between you and 123 Cityzen, signed by an authorized representative of 123 Cityzen, by distributing, disseminating, or uploading content through the Services ("User Content"), you hereby grant 123 Cityzen a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free license (with the right to grant and authorize sublicenses) to host, transfer, display, perform, reproduce, distribute, compress, or convert for distribution, and otherwise use your User Content, in any media formats and through any media channels, solely in order to publish and promote such User Content in connection with services offered or to be offered by 123 Cityzen. This license will apply to any form, media, or technology now known or hereafter developed.
License Grant to Other Users
You understand that any User Content may be provided to and accessed by authorized users, including professionals. By distributing or disseminating User Content through the Services, you hereby grant to each authorized user that is permitted to access your User Content a non-exclusive license to access and use your User Content under the terms you indicated when you uploaded such User Content.
USCIS Direct Submission Online Application ("Direct Submission")
Upon choosing the Direct Submission service offered by 123 Cityzen, the company will use the U.S. government-operated USCIS Electronic Immigration System website, "ELIS," to create an account and submit the selected USCIS forms directly using the ELIS portal. As part of the Direct Submission service, you are expressly authorizing 123 Cityzen to set up, create, and manage an account on ELIS to submit the USCIS application completed using the 123 Cityzen service. You expressly authorize 123 Cityzen to use unique credentials, including but not limited to security question answers, email addresses, and passwords, to create an account on ELIS. The submission and application process will be managed by 123 Cityzen to handle updates and communications between you and USCIS through the ELIS portal.
To use the Direct Submission service through 123 Cityzen, your consent is required for 123 Cityzen's use of your payment credentials (credit card numbers, etc.) to satisfy any and all accompanying USCIS fee(s) associated with the submission of your form(s), as well as your consent for use and access to the Department of Homeland Security computer system and the USCIS Privacy Act Statement when creating an account on the ELIS system. If you wish to terminate 123 Cityzen’s management of your application on ELIS and have it transferred to you, please contact 123 Cityzen at privacy@123cityzen.com. A transfer of account management on ELIS may limit 123 Cityzen’s ability to provide communication and updates regarding the application submission.
Upon requesting the Direct Submission service, 123 Cityzen will electronically submit your forms with accompanying data and information directly to USCIS using the ELIS system. You are responsible for reviewing the form(s) submitted through 123 Cityzen for accuracy before any request for Direct Submission is made. 123 Cityzen does not guarantee acceptance of any form(s) by USCIS. If your application is rejected by USCIS for incomplete information or data, or due to technical complications with the ELIS system, you are responsible for manually filing your application with USCIS. By requesting the Direct Submission service, you expressly authorize 123 Cityzen to send all data and information related to your application to USCIS and any other U.S. government agencies, and to retrieve any receipts or documentation related to USCIS submissions on your behalf.
General
These Terms constitute the final, complete, and exclusive agreement between the parties with respect to the subject matter hereof, and supersede and merge all prior discussions between the parties. These Terms shall be governed in all respects by the laws of the State of Utah, USA, without giving effect to its conflict of laws provisions or any other provisions that would apply a different body of law. Both parties submit to personal jurisdiction and venue in the state and federal courts of the State of Utah, or in the county where 123 Cityzen’s Corporate Offices are located, and further agree that any cause of action arising under these Terms shall be brought in such venue. Notwithstanding the foregoing, 123 Cityzen may seek injunctive or other equitable relief at any time and in any jurisdiction to protect or enforce its rights under these Terms. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. Headings are for reference only and do not define, limit, construe, or describe the scope or extent of any section. 123 Cityzen’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms, along with our Privacy Policy, represent the entire understanding between us and supersede any prior agreements or understandings, whether written or oral. The rights granted under these Terms may not be assigned or transferred by either you or 123 Cityzen without the prior written approval of the other party. Neither party may delegate its responsibilities or obligations under these Terms without prior written approval from the other party.