Stumari is not a law firm nor is the Work Visas website a lawyer referral service. No content provided on the Work Visas website is to be construed as legal advice, nor should it be construed as a substitute for the advice of an attorney. Legal Service Providers listed on the Work Visas website may pay to advertise on the website. Detailed terms with respect to these matters is set forth in Section 3 below.
Subject to all terms and conditions of this Agreement, Stumari will use commercially reasonable efforts to provide the User Experience to you consistent with your Dependency Management. Stumari may provide the User Experience using third party vendors or service providers. You agree to pay Stumari the fees, in the amounts and at the times specified in your selected Dependency Management.
Stumari will not be responsible or liable for any failure in the User Experience resulting from or attributable to (a) your Systems, (b) network, telecommunications or other service or equipment, (c) your, or third parties products, services, negligence, acts or omissions, (d) any force majeure or cause beyond Stumari’s reasonable control, (e) scheduled maintenance or (f) unauthorized access or breach by third parties. You are responsible for maintaining the confidentiality of your account access password, and for all activities that occur under your account.
You shall obtain and operate all Systems needed to use the Dependency Management, and provide all corresponding backup, recovery and maintenance services. You shall ensure that all Systems are compatible with the Dependency Management.
2. Proprietary Rights
2.1 Customer Content
As between you and Stumari, you shall own all Customer Content. You hereby grant Stumari a nonexclusive and royalty-free right and license to use, copy, perform, display, and distribute said Customer Content and to prepare derivative works of Customer Content solely for the purpose of providing the User Experience. Such license includes the right for Stumari to provide the Customer Content to Legal Service Providers (as defined below). You agree to indemnify and hold Stumari harmless from all claims, damages, liabilities, losses, costs and expenses (including attorneys’ fees) arising out of any use or disclosure of Customer Content and your use of the User Experience.
You understand that any Customer Content may be provided to and accessed by certain Legal User Experience Providers. The ownership of any Customer Content provided to such Legal Service Providers shall be as determined between you and such Legal Service Provider.
You understand that you are solely responsible for all Customer Content posted on, transmitted through, or linked from the User Experience. You acknowledge that Stumari does not pre-screen or approve Customer Content.
You hereby expressly acknowledge that the User Experience is not intended to be a data backup service, and you agree not to use the User Experience as a data backup service. Although Stumari does not claim ownership of Customer Content, you represent and warrant that you have the right to grant the foregoing license to Stumari.
2.2 No Implied License
Except for the limited rights and licenses expressly granted in this Agreement, no other license is granted to you, no other use is permitted and Stumari (and its licensors) shall retain all right, title and interest in and to the Service and all updates and modifications thereto (including all intellectual property and proprietary rights embodied therein). You shall not take any action inconsistent with such rights.
You shall not alter, obscure or remove any printed or on-screen trademark, copyright or other proprietary or legal notice.
3. Stumari is Not a Law Firm, nor a Lawyer Referral Service
3.1 No Legal Advice
The User Experience includes access to certain legal information, including, information, articles, legal forms and documents. The information provided on Work Visas or otherwise by Stumari is not legal advice and may not be relied upon as legal advice. Stumari cannot guarantee that all the information, forms or documents provided via the User Experience are current or correct. You should consult a licensed attorney with respect to your legal issues. Neither the User Experience, nor anything provided on Work Visas, is a substitute for the advice of an attorney.
3.2 Attorneys are Independent of Stumari
A portion of your Dependency Charge may include a pre-negotiated fee to an independent third party attorney or law firm (each a “Legal Service Provider”) for the delivery of legal services and advice (collectively “Legal Services”). The User Experience does not include, nor does Stumari in any way provide, Legal Services. All Legalservices are provided to you via a direct and separate relationship between you and the Legal Service Provider. Each Legal Service Provider is solely responsible for all Legal User Experience provided to you.
Stumari negotiates fixed fees for Legal User Experience with the Legal Service Providers, with such fixed fees included in applicable Dependency Charge. The Legal Service Provider is paid this fixed fee from your Dependency Charge by Stumari on your behalf. Additionally, Legal Service Providers pay certain fees to Stumari in exchange for the document assembly, project management and information processing provided to the Legal Service Provider via the Work Visas website.
All other fee arrangements must be negotiated directly between you and the Legal Service Provider. Legal Service Providers will require that you execute an attorney engagement agreement or a paid retainer prior to the delivery of any Legal Services. Stumari is not a law firm, and the employees of Stumari are not in any way acting as your attorney. Stumari offers general information about the law and does not provide any legal advice.
Your use of the User Experience does not create nor constitute an attorney-client relationship between you and Stumari, any Stumari employee, or any Legal Service Provider. Your use of the User Experience is intended for general informational purposes only and is not a substitute for consultation with an attorney licensed to practice in your jurisdiction about your specific legal issues, and you should not rely upon such information. Stumari will not influence or interfere in any manner with the Legal Service Provider’s independence of professional judgment.
3.3 No Guarantee or Outcome / Disclaimer Regarding Legal Services
Stumari does not guarantee that you will successfully find a Legal Service Provider via the Services. Legal Service Providers may provide certain information for inclusion in their profiles on the Work Visas website. Such profiles are advertisements and you should always conduct your own investigation of a Legal Service Provider. Stumari does not verify or warrant the accuracy of information included on the profiles of Legal Service Providers. Stumari disclaims any responsibility for the information on the profiles of Legal Service Providers, as well as any information on websites linked from such profiles.
Stumari expressly disclaims any representation or warranty of any kind with regard to the quality or outcome of the Legal User Experience to be performed by any Legal Service Provider. There is no guarantee that by using the User Experience via Work Visas, nor the Legal services provided by any Legal Service Provider, that you legal matter will have a successful outcome.
3.4 Attorney Advertisement / Not a Lawyer Referral Service
Work Visas is not a lawyer referral service nor prepaid legal service plan. Stumari makes no endorsement of any Legal Service Provider listed on Work Visas, nor is the inclusion in such listed meant to imply that engaging with any such Legal Service Provider is otherwise appropriate. You must carefully consider a Legal Service Provider’s knowledge and experience prior to any engagement for Legal Services.
4.1 Credit Card Information
In order to set up an account with Stumari, you must provide Stumari with accurate and complete billing information including legal name, address, and telephone number. When you submit credit card information, you give Stumari permission to charge all Dependency Charge and any other fees incurred for using the User Experience to the designated credit card. Stumari reserves the right to terminate this Agreement and your access to and use of the User Experience if you do not provide a valid credit card for the payment of fees hereunder, or if any Dependency Charge or other charges are not timely paid.
4.2 Payment Terms
The Dependency Charge may be billed in advance upon 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 User Experience not provided in your Dependency Management will be billed in accordance with specific terms provided at the time the add-on features or Service is requested by you.
All payments 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 upon Stumari’s net income. All amounts due hereunder shall be grossed-up for any withholding taxes imposed by any foreign government.
5.1 Disclaimer of Warranties
THE USER EXPERIENCE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. STUMARI DOES NOT WARRANT THAT THE USER EXPERIENCE WILL MEET YOUR REQUIREMENTS OR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED BY LAW, STUMARI HEREBY DISCLAIMS (FOR ITSELF AND ITS SUPPLIERS) ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE USER EXPERIENCE INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, INTEGRATION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
6. Limitation of Liability
EXCEPT TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF ITS LIABILITY IS VOID, PROHIBITED OR UNENFORCEABLE BY APPLICABLE LAW, IN NO EVENT SHALL STUMARI BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL (INCLUDING ANY ERROR OR DAMAGE ATTRIBUTABLE TO ANY NETWORK OR SYSTEM), (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS or SERVICES, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (D) ANY DIRECT DAMAGES, IN THE AGGREGATE, IN EXCESS OF THE AMOUNTS PAID TO STUMARI HEREUNDER WITH RESPECT TO THE USER EXPERIENCE THAT GAVE RISE TO THE CLAIM DURING, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
7. General Provisions
This Agreement (together with the applicable Dependency Management(s)) constitutes the entire agreement, and supersedes all prior negotiations, understandings or agreements (oral or written), between the parties about the subject matter of this Agreement. In the event of any conflict or inconsistency between the Agreement and the Dependency Management, the terms and conditions in the Dependency Management will prevail and be controlling. No waiver, consent or, except as expressly provided herein, modification of this Agreement shall bind either party unless in writing and signed by the party against which enforcement is sought. The failure of either party to enforce its rights under this Agreement at any time for any period will not be construed as a waiver of such rights.
7.2 Unenforceable Provisions
If any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. If this Agreement is required to be registered with any governmental authority, you shall cause such registration to be made and shall bear any expense or tax payable in respect thereof.
7.3 Governing Law / Binding Arbitration
This Agreement shall be treated as though executed and performed in the state of Illinois, and shall be governed by and construed in accordance with the laws of Illinois, 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 this Agreement.
Any dispute relating in any way to your use of the User Experience shall be submitted to confidential arbitration in Illinois, 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 Illinois. 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 Indiana. Arbitration under this Agreement 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 this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, 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 User Experience or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. Stumari operates the User Experience from its offices in the State of Illinois.
In any action or proceeding to enforce or interpret this Agreement, the Stumari 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.
Except as specifically provided otherwise, each right and remedy in this Agreement is in addition to any other right or remedy, at law or in equity. Each party agrees that, in the event of any breach or threatened breach of Section 2, the non-breaching party will suffer irreparable damage for which it will have no adequate remedy at law. Accordingly, the non-breaching party shall be entitled to injunctive and other equitable remedies to prevent or restrain such breach or threatened breach, without the necessity of posting any bond.
Any notice or communication hereunder shall be in writing and either personally delivered or sent via confirmed email, recognized express delivery courier or certified or registered mail, prepaid and return receipt requested, addressed to the other party at its address specified in the Dependency Management, or at such other address designated in a subsequent notice. All notices shall be in English, effective upon receipt.
This Agreement and the rights and obligations hereunder may be not be assigned by you.
7.7 Independent Contractors
The parties shall be independent contractors under this Agreement, and nothing herein will constitute either party as the employer, employee, agent or representative of the other party, or both parties as partners for any purpose.
“Customer Content” means all of your registration information and other information provided by you in connection with your use of the User Experience, including without limitation information, content, data, messages, text, files, images, photos, video, sounds, documents, or other materials.
“Dependency Management” means the fulfillment options chosen by you during, or subsequent to your registration to use the User Experience.
“User Experience” means the information, web pages, products, functionality and services contained in or available via or through the Work Visas website, as further described in your Dependency Management. Any new or modified features added to the User Experience are also subject to this Agreement. The User Experience DOES NOT include any Legal Services.
“Dependency Charge” means fees payable by you for your use of (a) the User Experience, as set forth in your Dependency Management, or (b) any add-on features or services requested by you from time to time. Dependency Charge may also include pre-negotiated fees payable to Legal Service Providers.
“Systems” means modems, servers, software, network and communications equipment and ancillary services and hardware that are owned, controlled or procured by you.
Last Updated on February 1, 2017. Copyright (©) 2016-2017 Stumari, Inc. All rights reserved.