Terms of Use

Last Updated: Dec 8, 2024

The following Terms and Conditions govern your use of this website owned and operated by Smart NIW ("Smart NIW," "Company," "we," or "us"). By using this website ("Website") or downloading any materials from it, you agree that you have read, understood, and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations. BY USING THIS SITE, ANY APPLICATIONS, OR THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND LEGALLY COMPETENT TO ENTER INTO A BINDING AGREEMENT. If you do not agree to these Terms of Use, you must not use this Website or its services.

Smart NIW reserves the right to modify these Terms at any time without prior notice. Your continued use of the Website constitutes acceptance of any updated Terms.

1. Nature of Services

Smart NIW provides tools and resources to assist individuals in preparing their immigration cases efficiently using third-party services. However, Smart NIW is not a law firm, and the information provided through our Website or Services does not constitute legal advice. Use of our Website and Services does not create an attorney-client relationship. If you require legal advice or representation, you should consult a licensed attorney.

Smart NIW strives to provide accurate, current, and reliable resources. However, due to the evolving nature of immigration laws and policies, we cannot guarantee that all information is up-to-date, correct, or applicable to every user's unique circumstances. Legal matters are inherently personal, and the general information or tools offered by Smart NIW may not address every individual need. Users are strongly encouraged to seek advice from a licensed attorney for tailored guidance, particularly in complex cases.

2. Restrictions on Use

All materials and content ("Materials") available on the Website, including text, graphics, data, software, designs, and other resources, are the intellectual property of Smart NIW or its licensors. By using our Website, you agree to the following restrictions:

Prohibited Actions:

• You may not copy, share, reproduce, distribute, or modify the Materials without prior written consent from Smart NIW.
• You may not use the Materials for commercial purposes or any unlawful activity.
• You may not reproduce or display the Materials in a misleading, defamatory, or unauthorized context.
• You may not reverse engineer, decompile, or create derivative works from the Materials or Services.
• You may not use the Website or its content in a way that could give a false or misleading impression about Smart NIW or third parties.

Permitted Use:

You are permitted to download and display Materials posted on this Website solely for personal, informational use, provided that you do not modify them and retain all copyright and proprietary notices.

Smart NIW reserves the right to terminate your access to the Website and Services if you violate these restrictions. Upon termination, you must destroy any downloaded Materials in your possession.

Unauthorized use of the Materials is expressly prohibited and may result in legal penalties, including civil and criminal liabilities.

3. Disclaimer of Warranties

The Website, Services, and Materials are provided on an “AS IS” and “AS AVAILABLE” basis without any guarantees or warranties, express or implied. Smart NIW does not warrant that:

• The Website, Materials, or Services will meet your requirements.
• The Website or Services will be uninterrupted, timely, secure, or error-free.
• The information provided will be complete, accurate, reliable, or up-to-date.
• Any results obtained from using the Website or Services will meet your expectations.

Users are solely responsible for independently verifying the accuracy, completeness, and applicability of any Materials or Services provided by Smart NIW. To the fullest extent permitted by law, Smart NIW disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

4. Limitation of Liability

To the maximum extent permitted by applicable law, Smart NIW shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to:

• Your use of or inability to use the Website, Materials, or Services.
• Errors, omissions, or inaccuracies in the information provided.
• Any unauthorized access to or use of our servers or user data.
• Actions or decisions taken by users based on the information provided by Smart NIW.

This limitation applies regardless of the legal theory under which damages are sought and whether or not Smart NIW has been advised of the possibility of such damages. In jurisdictions that do not allow certain liability limitations, Smart NIW’s liability shall be limited to the maximum extent permitted by law.

5. Intellectual Property

All rights, title, and interest in the Website, Services, and Materials, including but not limited to text, data, graphics, software, and logos, are owned by Smart NIW or its licensors. Users are granted a limited, non-exclusive, non-transferable license to access and use the Website for personal purposes under the following conditions:

• You may not reproduce, distribute, display, modify, or create derivative works from the Materials without prior written consent.
• Unauthorized use of trademarks, service marks, or logos displayed on the Website is strictly prohibited.
• Any violation of these intellectual property rights may result in legal action.
• The unauthorized use of any proprietary content, including reverse engineering or extracting source code from Smart NIW’s software or services, is expressly prohibited.

6. Software Use Restrictions

Any software provided or made available on the Website is copyrighted and subject to intellectual property rights. Users are strictly prohibited from:

• Decompiling, disassembling, or reverse-engineering the software.
• Creating derivative works or modifications of the software.
• Redistributing, sublicensing, or selling the software in any form.
• Using the software in any manner that violates applicable laws or these Terms of Use.

Unauthorized use of the software may result in civil or criminal penalties.

7. Links to Third-Party Websites

The Website may include links to third-party websites for your convenience. Smart NIW does not control or endorse the content, products, or services provided on third-party websites. By accessing these links, you agree that:

• Smart NIW is not responsible for the accuracy, legality, or reliability of any third-party content.
• Any interactions with third-party websites are at your own risk.
• Smart NIW is not liable for any damages or issues arising from the use of third-party websites.
• The inclusion of a link does not imply endorsement by Smart NIW.

8. Jurisdiction and Governing Law

These Terms of Use shall be governed and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. Any disputes arising under these Terms shall be resolved exclusively in the courts located in Delaware. By using the Website, you agree to:

• Submit to the jurisdiction of Delaware courts.
• Waive any defenses related to lack of personal jurisdiction or inconvenient forum.

9. Privacy Policy

Smart NIW is committed to protecting your privacy. By using the Website, you consent to the collection and use of your information as described in our Privacy Policy. Key points include:

• Personal information is collected only to provide and improve services.
• The Website uses cookies and log files to enhance user experience and gather analytics.
• Your data will not be shared with unauthorized third parties without your consent.
• Users are encouraged to review the Privacy Policy regularly for updates.

For detailed information, please refer to the full Privacy Policy.

10. Contact Information

If you have questions, concerns, or require assistance regarding these Terms of Use, please reach out to us using the following contact information:

• Email: admin@smartniw.com