Terms of Service
Last updated: September 2024
Welcome to www.udetivisa.com (“Site”). This Site is owned and operated by Udeti, an Illinois limited liability company (“Udeti,” “we,” or “our”). To pay for a schedule a Consultation from Udeti, you (“Client” or “you”) must create an Account on the Site then read and agree to these Terms of Service (“Terms”) and Privacy Policy by selecting the “I Agree” button at the end of these Terms. Selecting “I Agree” at the end of these Terms will create a binding contract between you and Udeti.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS ONLY (SO THAT CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES. YOU MAY NOT ORDER OR OBTAIN SERVICES FROM UDETI UNLESS YOU: (A) AGREE TO THESE TERMS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING ANY OF THIS SITE’S CONTENTS OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION.
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms:
“Affiliate” means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
“Account” means a unique account created for you to access the Consultation.
“Content” refers to text, images, or other information that can be uploaded or otherwise made available by you into this Site, regardless of the form of that content.
“Device” means any device that can access the Site such as a computer, a cellphone or a digital tablet.
“Feedback” means your feedback, innovations or suggestions regarding the attributes, performance or features of our Site.
“Consultation” means direct counsel about the interview process for a U.S. visa with a former U.S. Department of State consular officer, who has passed the basic consular course at the U.S. Foreign Service Institute.
“Third-party Social Media Service” means any services or content (including data, information, or services) provided by a third-party that may be displayed, included or made available by the Site.
Your Information
If you wish to book a Consultation, you must create an Account on this Site by supplying certain information including, without limitation, your name, email, phone number, and making payment with a credit or debit card.
You represent and warrant that: (i) you have the legal right to use the credit or debit card that you identified in opening your Account; and that (ii) the information you provide to us is true, correct and complete.
Cancelling and Rescheduling a Consultation
We reserve the right to refuse or cancel your Consultation upon written notice to you. If we cancel you Consultation we will issue a full refund of the fee you have paid. If you cancel a Consultation you will not receive a refund. You may reschedule your Consultation one time if you do so more than 24 hours from the scheduled date and time. Your new date must be within two months of the original Consultation.
Price and Payment
We reserve the right to adjust prices at any time prior to accepting a Consultation booking. In order to book a Consultation you must pay the corresponding service payment shown in the Site where the Consultation is described. You may pay for your Consultation with a credit card, debit card or PayPal.
Use of the Site
Subject to your compliance with these Terms and for so long as you are permitted by us to access and use the Site, Udeti grants you a limited, non-transferable, non-exclusive, revocable right and license to access and use the Site for your personal, non-commercial purposes, a right which may not be assigned or sublicensed. This license will remain in effect unless and until you violate these Terms, or the Terms are otherwise terminated by you or us.
You may not reproduce, redistribute, sell, transfer, create derivative works from, decompile, reverse engineer, or disassemble the Site or our service offerings or any documents it creates, or otherwise attempt to discover the source code, underlying trade secrets, user interface techniques or its algorithms, nor take any actions to interfere with or damage, the Site or our services. All rights not expressly granted by Udeti in these Terms are reserved.
You agree that we may collect aggregate, de-identified data about you and your use of the Site and Consultations when you interact with the Site as permitted by the Terms. We may use this data in an anonymized manner to support, monitor and improve the Site and our services but we do not sell or give your data to any third parties. For more about the data we collect and what we do with it, please review the Privacy Policy.
Use Restrictions
You agree that you will not:
- Use, display, frame or mirror the Site or any element of it, Udeti’s name, any of our trademarks, logos or other proprietary information or the layout and design of any page in the Site without our prior express written consent.
- Attempt to probe, scan, or test for any Site vulnerability, or breach any security or authentication measures.
- Bypass, remove, impair, or otherwise circumvent any measure implemented by us or any of our providers to protect the Site.
- Bypass any territorial restrictions, including IP address-based restrictions applied to the Site.
- Attempt to access, scrape or search the Site other than with generally available third-party web browsers.
Your Account
When you create an Account, you must provide information that is accurate, complete, and current. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of your Account. You may not use another person’s name, a business name, a trademark, or any offense, vulgar or obscene word as a user name. You are responsible for all activity that occurs under your Account, including any activity by unauthorized users. You may not allow others to use your Account, including giving your username and password to any third-party. You must keep your password confidential, and if you are using a device that others have access to, log out of your Account after using the Site or having a Consultation. If you become aware of an unauthorized access to your account, change your password and notify us immediately.
Your Documents
Our Site allows you to upload documents related to your visa application (“Content”) within the Site. You are responsible for the Content that you upload in this Site, including its legality, reliability, and appropriateness.
Content Restrictions
You expressly understand and agree that you are solely responsible for your Content and for all activity that occurs under your Account, whether by you or a third person using your Account.
You may not upload any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
- Unlawful or promoting unlawful activity.
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
- Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
- Impersonating any person or entity including the Company and its employees or representatives.
- Violating the privacy of any third person.
- False information and features.
Udeti reserves the right, but not the obligation, to refuse and remove any Content.
DMCA Notice
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Site infringes a copyright or other intellectual property infringement of any person.
If you believe that any Content in this Site infringes your copyrights, you may seek the removal of such Content by providing notice to us in accordance with the take down notice provisions of the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(3)(A) to Udeti’s designated copyright agent at [email protected]. Upon receipt of a notification, we will take whatever action that we deem appropriate, including removal of the challenged content from the Site.
Intellectual Property
You acknowledge that the intellectual property contained in the Site are owned or licensed by Udeti. You agree not to copy, post, transmit, publicly display, create derivative works from, distribute or use Udeti’s confidential information, copyrighted works, service and trademarks, or other proprietary information accessible in the Site. You additionally agree not to use the Site or your Consultation for the benefit of third parties.
We make and keep recordings of Consultations and related email and WhatsApp communications for our internal records and we do not share these recordings with anyone. By booking a Consultation, you agree that we may record the Consultation and keep all related communications for our records and may offer the recording to you for an additional charge, unless you paid for a 60-minute Consultation which includes 30-day access to the recording. You agree that you will not make a recording of any Consultation or share advice provided to you in a Consultation.
Your Feedback
You assign all rights, title and interest in any Feedback that you provide to us. If for any reason such assignment is ineffective, You agree to grant us a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
The Site may contain links to third-party web sites or services that are not owned or controlled by us.
We have no control over, and assume no responsibility for, the Content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Udeti shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Account Termination
We may terminate or suspend your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Site will cease immediately. If you wish to terminate your Account, you may simply discontinue using the Site.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the Site or 100 USD if you have not purchased a Consultation. To the maximum extent permitted by applicable law, in no event shall Udeti or its licensors be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Site, third-party software and/or third-party hardware used with the Site, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
Disclaimers
The Consultations are not legal advice. The Site and our Consultations are provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Consultations, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Udeti nor any of its licensors makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Site, or the information, content, and materials or services included thereon; (ii) that the Site will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Site; or (iv) that the Site, its servers, the Content, or e-mails sent from or on behalf of Udeti are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Our YouTube channel and all our videos, blogs and articles do not endorse or advocate for any illegal activities. All content presented is intended for entertainment and educational purposes only. The viewpoints expressed do not constitute legal advice and are solely based on the speaker’s and writer’s opinions and experiences. Please use the information provided responsibly. Any advice given is of a general nature and should be applied to your specific circumstances with caution and consideration.
Governing Law and Arbitration
These Terms Agreement shall be governed by and construed in accordance with, the substantive laws of the State of Illinois, without reference to principles of conflicts of laws. Subject to all applicable laws, you agree to give up: (a) the right to litigate any claims that may arise under these Terms in court or before a jury; and (b) the right to consolidate any claim and/or participate in any class-action claim that may arise under these Terms in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature arising under these Terms which cannot be amicably resolved by us shall be solely and finally settled by arbitration before a single arbitrator administered by ADR Systems in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator may be entered in any court with proper jurisdiction. The arbitration shall take place in DuPage County, Illinois. The language of the arbitration shall be English. The arbitrator will be bound to adjudicate all disputes in accordance with the laws of the State of Illinois. The decision of the arbitrator shall be in writing with written findings of fact and shall be final and binding on the parties. Each party shall bear its own costs; provided, however, that the prevailing party shall be entitled to reimbursement for its actual costs incurred, including reasonable attorney fees. This section provides your sole recourse for the resolution of any disputes arising out of, in connection with, or related to these Terms and the Consultations. If you are an EU citizen, you may benefit from any mandatory provisions of the law of the country in which you reside.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Site after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, in whole or in part, please stop using the Site.
