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GREENCARDHERO, LLC

GREENCARDHERO: SPOUSE EDITION

END USER LICENSE AGREEMENT

Last Modified: Dec 13, 2018

This End User License Agreement ("EULA") governs your access and use of the GreenCardHero: Spouse Edition ("Software") made available to you by GreenCardHero, LLC ("GreenCardHero," "we," "our" or "us") along with any online read me, help files or other related explanatory materials that accompany the Software ("Documentation"). By downloading, accessing or using the Software, by registering for an account on the Software, or by clicking a button or checking a box marked "I Agree" or something similar, you signify that you have read, understood, and agree to be bound by this EULA and to the collection and use of your information as set forth in the GreenCardHero Privacy Policy, which is hereby incorporated by reference. This EULA apply to all visitors, users, and others who register for or otherwise access the Software or the Documentation ("Users").

Please read this EULA carefully to ensure that you understand each provision. This EULA contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

Your access and use of the Software and Documentation is expressly conditioned on your acceptance of the terms and conditions of this EULA. If you do not agree to this EULA, you may not download, access or use the Software or the Documentation.

1.                Eligibility

You may use the Software and the Documentation only if you can form a binding contract with GreenCardHero, and only in compliance with this EULA and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Software or the Documentation by anyone under eighteen (18) years of age is strictly prohibited and in violation of this EULA. The Software and the Documentation is not available to any Users previously removed from the Software or the Documentation by GreenCardHero.

2.                License

Subject to the terms and conditions of this EULA, you are hereby granted a limited, non-exclusive, non-transferable, freely revocable license to use the Software and Documentation for your personal, noncommercial use only and only as permitted by the features of the Software and the Documentation. GreenCardHero reserves all rights not expressly granted herein in the Software and the Documentation and the GreenCardHero Content (as defined below). GreenCardHero may terminate this license at any time for any reason or no reason.

3.                Software Registration and Access GreenCardHero Accounts

You must register with GreenCardHero through the Software to gain access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. When you register for the Software, you must provide accurate and complete information, and must keep this information up to date. If you access or use the Software or the Documentation on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this EULA, and that you agree to this EULA on the entity's behalf.

By providing GreenCardHero your email address you consent to our using the email address to send you Software or Documentation-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Software or Documentation and special offers. If you do not want to receive such email messages, you may opt out using the unsubscribe button or similar mechanism included in the messages.

4.                Software and Documentation Rules

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Software or the Documentation in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Software or the Documentation in a manner that sends more request messages to the GreenCardHero servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that GreenCardHero grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the GreenCardHero Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Software or the Documentation; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Software; (vii) collecting or harvesting any personally identifiable information, including account names, from the Software or the Documentation; (viii) using the Software or the Documentation for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Software or the Documentation; (xi) accessing any content on the Software or the Documentation through any technology or means other than those provided or authorized by the Software or the Documentation; or (xii) bypassing the measures we may use to prevent or restrict access to the Software or the Documentation, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Software or the Documentation or the content therein. You must notify GreenCardHero immediately of any breach of security or unauthorized use of the Software or the Documentation.

5.                Changes to the Software or the Documentation

We may, without prior notice, change the Software or the Documentation; stop providing the Software or the Documentation or features of the Software or the Documentation, to you or to Users generally; or create usage limits for the Software or the Documentation. We may permanently or temporarily terminate or suspend your access to the Software or the Documentation without notice and liability for any reason, including if in our sole determination you violate any provision of this EULA, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this EULA.

6.                User Content

The Software allows Users to submit, provide, or otherwise make available content such as profile information, comments, questions, and other content or information (collectively the "User Content").

WE CLAIM NO OWNERSHIP RIGHTS OVER USER CONTENT CREATED BY YOU. THE USER CONTENT YOU CREATE REMAINS YOURS. By submitting, providing or otherwise making available any User Content on or through the Software, you hereby expressly grant, and you represent and warrant that you have all rights necessary to grant, to GreenCardHero a worldwide, royalty-free, sublicensable, non-exclusive, license to use your User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, as necessary to provide the Software and the Documentation to you and to Users generally and for such other uses as set forth in our Privacy Policy.

In connection with your User Content, you affirm, represent and warrant the following:

       You have the written consent of each and every identifiable natural person in the User Content, if any, to use such person's name or likeness in the manner contemplated by the Software and this Agreement, and each such person has released you from any liability that may arise in relation to such use;

       You have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties;

       Your User Content and GreenCardHero's use thereof as contemplated by this EULA and the Software will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights (as defined below) and privacy rights;

       GreenCardHero may exercise the rights to your User Content granted under this EULA without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise; and

       To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.

7.                GreenCardHero takes no responsibility and assumes no liability for any User Content that you or any other User or third party submits, provides or otherwise makes available on the Software. You shall be solely responsible for your User Content and the consequences of making it submitting, providing or otherwise making you User Content available on the Software. We do not guarantee you will have access to your User Content at all times, so we strongly encourage you to maintain backups of your User Content. GreenCardHero shall have no responsibility and assumes no liability for your inability to access your User Content.

8.                Our Proprietary Rights

For the purposes of this EULA, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

Except for your User Content, the Software, the Documentation and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the "GreenCardHero Content"), and all Intellectual Property Rights related thereto, are the exclusive property of GreenCardHero and its licensors. Except as explicitly provided herein, nothing in this EULA shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any GreenCardHero Content. Use of the GreenCardHero Content for any purpose not expressly permitted by this EULA is strictly prohibited.

You may choose to, or we may invite you to submit comments or ideas about the Software or the Documentation, including without limitation about how to improve the Software or the Documentation or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place GreenCardHero under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, GreenCardHero does not waive any rights to use similar or related ideas previously known to GreenCardHero, or developed by its employees, or obtained from sources other than you.

9.                Order and Payment Terms

A.              Paid Services. Certain aspects of the Software may be provided for a fee or other charge and GreenCardHero may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion.

B.               Placing an Order. After you place an order through the Software we and/or our third-party payment processor will review the information you provided for validity by verifying your method of payment, billing, and/or shipping address. We may contact you (via email or phone) if additional information is required to accept and process your order. Invalid order information may result in delays processing your order or your order being rejected. Your receipt of an order confirmation does not constitute GreenCardHero's acceptance of your order. Without prior notification, GreenCardHero maintains the right to limit the order quantity and the right to refuse to sell to any customer for any reason or no reason at all. If your order is canceled, we will attempt to notify you using the email address you have given us with the order.

C.              Payment Methods and Information. We and/or our third-party payment processor accept various payment methods through our Software or the Documentation, including Mastercard, Visa, and American Express. We and/or our third-party payment processor will bill your payment method when you make a purchase through the Software. GreenCardHero will not fulfill any order without authorization validation of your purchase from your payment method by either us or our third-party payment processor. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Software must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Software at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions

D.              No Sales to Children. GreenCardHero does not sell products for or to children, but only to adults, who can purchase with a credit card or other permitted payment method. If you are under eighteen (18) years of age, you may use the Software or the Documentation only with involvement and consent of a parent or legal guardian.

E.               Offers. You acknowledge and agree that any offers made available through the Software or the Documentation are subject to change at any time and from time to time.

F.               Payment Processing. GreenCardHero uses payment processing services provided by Stripe Payments Europe, Ltd. ("Stripe"), our third-party payment processor, to process payments and other monetary transactions made on and through the Software. Payment must be received by Stripe before our acceptance of an order or processing of a transaction. Stripe accepts the payment methods listed above, which may be amended by Stripe in its sole discretion. GreenCardHero does not view or store your full credit card or other payment method information - instead, such information is provided directly to Stripe for their processing of your payment. For all purchases, our third-party payment processor will collect your payment method details and charge your chosen payment method in connection with an order. Please see Stripe's Services Agreement, available at https://stripe.com/us/legal, and Stripe's Privacy Policy, available at https://stripe.com/us/privacy, as each may be amended by Stripe in accordance with the terms set forth therein, for information on how Stripe collects and uses your personal information. You acknowledge and agree that GreenCardHero is not responsible for any breaches of credit card or other payment method security or privacy.

10.             No Professional Advice

If the Software or the Documentation provides professional information (for example, immigration, legal or filing information), such information is for informational purposes and should not be construed as professional advice. No action should be taken based upon any information contained in the Software or the Documentation. You should seek independent counsel from a person who is licensed and/or qualified in the applicable area.

 

11.             Privacy

We care about the privacy of our Users. You understand that by using the Software or the Documentation you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in the United States.

12.             Security

GreenCardHero cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

13.             Third-Party Links and Information

14.             The Software or the Documentation may contain links to third-party materials that are not owned or controlled by GreenCardHero. GreenCardHero does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Software or the Documentation or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that this EULA and the GreenCardHero Privacy Policy do not apply to your use of such sites. You expressly relieve GreenCardHero from any and all liability arising from your use of any third-party website, service, or content, including without limitation User Content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Software or the Documentation, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that GreenCardHero shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

15.             Indemnity

You agree to defend, indemnify and hold harmless GreenCardHero and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Software or the Documentation, including any data or content transmitted or received by you; (ii) your violation of any term of this EULA, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party's access and use of the Software or the Documentation with your unique username, password or other appropriate security code.

16.             No Warranty

The Software and the Documentation is provided on an "as is" and "as available" basis. Use of the Software and the Documentation is at your own risk. To the maximum extent permitted by applicable law, the Software and the Documentation is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from GreenCardHero or through the Software or the Documentation will create any warranty not expressly stated herein. Without limiting the foregoing, GreenCardHero, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Software or the Documentation will meet your requirements; that the Software or the Documentation will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Software or the Documentation is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Software or the Documentation is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Software or the Documentation.

GreenCardHero does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Software or the Documentation or any hyperlinked website or service, and GreenCardHero will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This EULA gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this EULA will not apply to the extent prohibited by applicable law.

17.             Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall GreenCardHero, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, this service. Under no circumstances will GreenCardHero be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Software or the Documentation or your account or the information contained therein.

To the maximum extent permitted by applicable law, GreenCardHero assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Software or the Documentation; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Software or the Documentation; and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third party. In no event shall GreenCardHero, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to GreenCardHero hereunder or $100.00, whichever is greater.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if GreenCardHero has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This EULA gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this EULA will not apply to the extent prohibited by applicable law.

The Software and the Documentation are controlled and operated from facilities in the United States. GreenCardHero makes no representations that the Software or the Documentation is appropriate or available for use in other locations. Those who access or use the Software and the Documentation from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Software or the Documentation if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Software and the Documentation are solely directed to individuals, companies, or other entities located in the United States.

18.             Governing Law, Arbitration, and Class Action/Jury Trial Waiver

A.              Governing Law. This EULA shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this EULA evidence a transaction involving interstate commerce. The Software of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Alameda County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Alameda County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

B.               Arbitration. Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from GreenCardHero. For any dispute with GreenCardHero, you agree to first contact us at legal@GreenCardHero.com and attempt to resolve the dispute with us informally. In the unlikely event that GreenCardHero has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this EULA, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Alameda County, California, unless you and GreenCardHero agree otherwise. If you are an individual using the Software or the Documentation for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney's fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing GreenCardHero from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.

C.              Class Action/Jury Trial Waiver. With respect to all persons and entities, regardless of whether they have obtained or used the Software or the Documentation for personal, commercial or other purposes, all claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person's claims. You agree that, by entering into this EULA, you and GreenCardHero are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.

19.             General

A.              Assignment. This EULA, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GreenCardHero without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

B.               Notification Procedures and Changes to this EULA. GreenCardHero may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by GreenCardHero in our sole discretion. GreenCardHero reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this EULA. GreenCardHero is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. GreenCardHero may, in its sole discretion, modify or update this EULA from time to time, and so you should review this page periodically. When we change this EULA in a material manner, we will update the 'last modified' date at the bottom of this page and notify you that material changes have been made to this EULA. Your continued use of the Software or the Documentation after any such change constitutes your acceptance of the new EULA. If you do not agree to any of these terms or any future EULA, do not use or access (or continue to access) the Software or the Documentation.

C.              Entire Agreement/Severability. This EULA, together with any amendments and any additional agreements you may enter into with GreenCardHero in connection with the Software and the Documentation, shall constitute the entire agreement between you and GreenCardHero concerning the Software and the Documentation. If any provision of this EULA is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this EULA, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.

D.              No Waiver. No waiver of any term of this EULA shall be deemed a further or continuing waiver of such term or any other term, and GreenCardHero's failure to assert any right or provision under this EULA shall not constitute a waiver of such right or provision.

E.               Contact. Please contact us at legal@GreenCardHero.com with any questions regarding this EULA.


Third Party Software Notices and Acknowledgements

GreenCardHero: Spouse Edition uses a number of third party software packages, please see Third Party Software Notices and Acknowledgements.