Ask An Attorney Subscriber Terms of Service
Written by ImmigrationHelp Team.
Updated November 28, 2022
Legal Plan Contract
This is a contract (“Agreement”) between you (the "Primary Member") and us, ImmigrationHelp.org, a service of Upsolve, Inc. ("ImmigrationHelp"). The Agreement governs the purchase and use of Ask an Attorney Program (“Legal Plan”) services provided by an independent attorney (the “Plan Attorney”) to you and Eligible Family Members as Plan Benefits (as defined below). This Agreement is effective as of the date you accept its terms by purchasing a Legal Plan membership (the "Effective Date"). If you sign up for a Legal Plan, you accept these terms, conditions, limitations, and requirements. Please read this Agreement carefully. Your use of the ImmigrationHelp website is also governed by the ImmigrationHelp Terms of Use.
1. Legal Plan Membership.
By signing up for the Legal Plan, you attest to being poor, underprivileged, or in financial distress. You understand that you are not allowed to use the Legal Plan if you are not poor, underprivileged, or in financial distress. You understand that even if you request Legal Plan membership, you can use the ImmigrationHelp.org website to consume free legal information, receive educational newsletters by email, and use the ImmigrationHelp.org web applications if you qualify. You also understand that you can request Legal Plan membership after using the ImmigrationHelp.org web applications.
We reserve the right to accept or refuse Legal Plan membership at our discretion. You may not transfer or assign your Legal Plan or these benefits; provided, however, that a coverage may extend coverage to your Eligible Family Members (as defined below) (together with the Primary Member, each a "Plan Member" and collectively the "Plan Group").
For the purposes of this Agreement, the term "Eligible Family Member" means:
(i) Any U.S. citizen or lawful permanent resident family member seeking to sponsor the Primary Member for a prospective U.S. immigration benefit under this Legal Plan (typically referred to by relevant government agencies as the “sponsor” or “petitioner,” depending on the relevant government form).
(ii) Any other member of the Primary Member’s household who qualifies as a derivative beneficiary for prospective U.S. immigration benefits under this Legal Plan, as defined by the Immigration and Nationality Act (“INA”) as of the Effective Date of this Legal Plan.
Each Eligible Family Member to whom you extend coverage under this Agreement is bound by the terms of this Agreement.
2. Benefits of Legal Plan.
The Legal Plan provides the following benefits to its members (collectively, the "Plan Benefits"):
(i) Immigration Consultations. Scheduled fifteen (15) minute consultation(s) with a Plan Attorney via telephone, email, chat, or other available electronic means, during the Plan Attorney’s normal business hours, about U.S. immigration matters that affect Plan Members. Limit one (1) consultation per individual matter.
(ii) Discounted Legal Services. If a Plan Member engages the Plan Attorney for services that are not included in the Plan Benefits described above, the Plan Attorney shall provide such legal services at a twenty-five (25%) discount from the Plan Attorney’s standard rates for representation, as such rates are reported to ImmigrationHelp.
The Plan Benefits described above are the only legal services to be provided by the Plan Attorney, and the Plan Attorney is not required to assist or represent you in any further or other legal matters.
3. Plan Attorneys.
ImmigrationHelp is not a law firm and does not provide legal services. The Plan Attorneys who provide Plan Benefits to you are not ImmigrationHelp employees. The Plan Attorneys are independent contractors, who have agreed to provide limited scope legal services to Plan Members as defined in the Plan Benefits.
4. Exclusions; Conflicts.
a. The following items and matters are specifically excluded from the Legal Plan, and are not to be considered or treated as Plan Benefits:
(i) Any matter that exceeds the limited scope of the Legal Plan, including but not limited to a Plan Attorney’s appearance as representative before the U.S. Department of Homeland Security, Board of Immigration Appeals, or U.S. immigration courts;
(ii) Any action that directly or indirectly involves ImmigrationHelp, Upsolve Inc., or any of its affiliates, directors, agents, or employees;
(iii) Any adversarial action by a Plan Member that directly or indirectly involves any other Plan Member in any Plan Group;
(iv) Any matter involving the laws of jurisdictions outside of the United States or its subdivisions;
(v) Any matter that, in the Plan Attorney's opinion, is frivolous in nature or objective; or
(vi) Any case matter or requested service that is determined by the Plan Attorney to lack sufficient merit to warrant pursuit, or that the Plan Attorney decides has been raised an inordinate or unreasonable number of times without a change in circumstances.
b. If the interests of the Primary Member of a Plan Group are adverse to those of another Plan Member in that same Plan Group, only the Primary Member is entitled to receive the applicable Plan Benefits.
5. Not Insurance.
This Legal Plan is not a contract of insurance or indemnification insurance plan, and is not regulated as such. ImmigrationHelp is not an insurance company and does not guarantee legal representation in every situation. The Legal Plan provides ImmigrationHelp's customers with access to free and discounted legal services from Plan Attorneys. ImmigrationHelp does not reimburse or indemnify any Plan Member or pay any Plan Attorney for attorney fees or expenses.
6. Use.
a. General Practices.
You acknowledge that ImmigrationHelp may establish general practices and limits concerning use of its Legal Plan, including without limitation imposing a reasonable maximum limit of Plan Attorney consultations and consultation time that you may receive in a given period of time related to one or all subjects.
b. Right to Change Practices.
You acknowledge that ImmigrationHelp reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. However, you have the right to cancel your membership should we materially decrease benefits.
c. Responsibility for Misuse.
You are responsible for all expenses incurred or other actions that may occur through your use of your Legal Plan. You must immediately alert us of any fraudulent, unauthorized, illegal, or suspicious use of your Legal Plan, or any other breach of security or unauthorized or illegal activity that you reasonably suspect.
7. Payment.
a. Legal Plan Membership Fees.
You will be charged in accordance with the billing terms in effect at the time of your initial purchase, unless you are notified of a fee change in accordance with "Fee Adjustments" below. For any Legal Plan you purchase that is charged in full upon purchase, you agree that for each renewal term for such Legal Plan, the amount due for the next term will be due and immediately payable in full as of the first day of that renewed term. For each Legal Plan, your charge remains for each term no matter if you access the Site during that term. In other words, EVEN IF YOU DO NOT USE THE LEGAL PLAN BENEFITS OR SPEAK WITH AN ATTORNEY, YOU WILL BE RESPONSIBLE FOR ANY PLAN MEMBERSHIP FEES UNTIL YOU CANCEL YOUR MEMBERSHIP OR IT IS OTHERWISE TERMINATED. For more information regarding canceling your Legal Plan subscription, see the "Termination or Cancellation" section below.
b. Billing.
The Legal Plan’s subscription fee is $24 a month.
(i) Discounts. Legal Plan discounts may be available for members purchasing multiple months up front. Other Legal Plan discounts may be made available. Additional terms, conditions, and limitations may apply to Legal Plan discounts. You agree to the additional terms, conditions, and limitations of a Legal Plan discount when you agree to the billing terms and the discount is applied to the charges of your Legal Plan Membership Fee.
(ii) Promotions. Legal Plan promotions may include additional terms, conditions, and limitations. You agree to the additional terms, conditions, and limitations of a Legal Plan promotion when you participate in a Legal Plan promotion. You agree to the additional terms, conditions, and limitations of a Legal Plan promotion when you agree to the billing terms and the Legal Plan promotion is applied to the charges of your Legal Plan Membership Fees.
(iii) Valid credit card due at the time of purchase. To allow payment for the initial term of a Legal Plan, valid credit card information is due at the time of purchase.
(iv) Renewal. If you have purchased an automatic renewing plan from ImmigrationHelp, your Legal Plan subscription will renew automatically at the end of the initial term (the "Billing Date") and at the end of each term thereafter unless and until you give notice of your intention to terminate your Legal Plan subscription pursuant to the terms of this Agreement. If you do not give us notice of such intention, your credit card will be charged for the renewal term of your Legal Plan subscription on your Billing Date. Unless otherwise notified in advance by ImmigrationHelp pursuant to this Agreement, the renewal charge will be equal to the original purchase price for the Legal Plan.
c. Notice of Automatic Renewal.
If applicable, we will send a reminder email to the email address of record for your account approximately one week before your Billing Date. You acknowledge and agree that this notice is provided as a courtesy only, and we are not obligated or required to provide such notice. You acknowledge and agree that (i) your failure to read, (ii) inability to receive, or (iii) the failure of ImmigrationHelp to send the email does not create any liability on the part of ImmigrationHelp or any third-party service provider.
d. Attorney Fees.
Fees for non-complementary attorney services provided pursuant to a Legal Plan membership shall be paid directly to the Plan Attorney. Plan Attorneys are not employees or agents of ImmigrationHelp, and have no financial obligation to ImmigrationHelp.
8. Fee Adjustments.
ImmigrationHelp may increase its fees for any Legal Plan membership effective the first day of a renewal term by giving you notice of the new fees at least thirty (30) days before the beginning of the renewal term. If you do not cancel your membership pursuant to Section 10, you shall be deemed to have accepted the new membership fees for that renewal term and any subsequent renewal terms (unless the fees are increased in the same manner for a subsequent renewal term).
9. Termination or Cancellation.
a. By ImmigrationHelp.
(i) If payment is not made on the Billing Date, as described in Section 7 above, you will have until the one (1) month anniversary of your Billing Date (in Texas and Massachusetts, this grace period will be thirty-one (31) days) to correct the credit card information on file and post a payment to your account. If after the expiration of this grace period you have not made any payment on your Legal Plan membership, your non-payment may result in suspension of service and subsequent termination of your Legal Plan membership.
(ii) Your right to use a Legal Plan membership is subject to any limits established by ImmigrationHelp or by your credit card issuer. If payment cannot be charged to your credit card or your charge is returned for any reason, including through a chargeback, ImmigrationHelp reserves the right, in its sole and absolute discretion, to suspend or terminate your access and account, thereby terminating this Agreement and all obligations of ImmigrationHelp hereunder. If a charge made to your credit card is declined, ImmigrationHelp may make up to five (5) attempts to bill that card over a thirty (30) day period.
(iii) If you wish to reactivate your account after such termination, there will be no setup or reactivation fees; provided, however, accounts terminated for non-payment will be reactivated only on receipt of the full amount past due and a written request to reinstate the account. When an expired account is reactivated, the new term begins on the date of reactivation.
b. By Primary Member.
(i) You may terminate this Agreement and your Legal Plan membership within ten (10) days following the Effective Date. In the event of any such termination, ImmigrationHelp will refund to you any prepaid amounts. If the Agreement is terminated and you have not sought legal services pursuant hereto within this time period, the Agreement shall be void from the beginning and the parties shall be in the same position as if this Agreement had not been issued.
(ii) After you cancel your plan, your Legal Plan will remain active until the end of then-applicable period and you will remain responsible for all membership fees up through the effective date of termination. For example, if you purchase a Legal Plan membership with a three month term, and you elect to terminate this Agreement 60 days into the membership term, you remain responsible for paying membership fees for the entire three-month term.
(iii) You can cancel your Legal Plan membership by emailing us at askanattorney@immigrationhelp.org.
c. Services after Termination.
After termination of your Legal Plan membership, either by you or by ImmigrationHelp, you will not be able to access the corresponding Legal Plan offerings; provided, however, that any access rights to a Legal Plan granted you through a separate channel (e.g., through another Legal Plan membership) will remain in full force and effect unless and until separately terminated or canceled.
10. Dispute Resolution By Binding Arbitration.
Please read this carefully. It affects your rights.
Summary:
Most customer concerns can be resolved quickly and to the customer's satisfaction by emailing our Support Center at askanattorney@immigrationhelp.org. In the unlikely event that the ImmigrationHelp Customer Center is unable to resolve your complaint to your satisfaction (or if ImmigrationHelp has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. While in some instances, upfront costs to file an arbitration claim may exceed similar costs to bring a case in court, for any non-frivolous claim that does not exceed $75,000, ImmigrationHelp will pay all costs of the arbitration. Moreover, in arbitration you may recover attorney's fees from ImmigrationHelp to the same extent or more as you would in court. The arbitrator shall apply the same limitations period that would apply in court.
Under certain circumstances (as explained below), ImmigrationHelp will pay you more than the amount of the arbitrator's award and will pay your attorney (if any) his or her reasonable attorney's fees if the arbitrator awards you an amount greater than what ImmigrationHelp offered you to settle the dispute.
You may speak with independent counsel before using this Site or using ImmigrationHelp in any way.
Arbitration Agreement:
(a) ImmigrationHelp and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
(i) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
(ii)claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising);
(iii) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
(iv) claims that may arise after the termination of these Terms.
For the purposes of this Arbitration Agreement, references to "ImmigrationHelp," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, employers, business partners, shareholders, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us. Beneficiaries include, but are not limited to, those named in an estate planning document.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and ImmigrationHelp are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.
(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to ImmigrationHelp should be addressed to: Notice of Dispute, General Counsel, Upsolve DBA ImmigrationHelp, 1180 Avenues of America, 8th Floor, New York, NY 10036 (the "Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If ImmigrationHelp and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or ImmigrationHelp may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by ImmigrationHelp or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or ImmigrationHelp is entitled.
You may download or copy a form to initiate arbitration from the American Arbitration Association ("the AAA") website at www.adr.org.
(c) After ImmigrationHelp receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than $75,000. (Currently, the filing fee for consumer-initiated arbitrations is $200, but this is subject to change by the arbitration provider. If you are unable to pay this fee, ImmigrationHelp will pay it directly after receiving a written request at the Notice Address.) The arbitration will be governed by the Consumer Arbitration Rules (the "AAA Rules") of the American Arbitration Association, as modified by these Terms, for all claims under $75,000 and the applicable rules as determined by the AAA for all claims of or above $75,000, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by these Terms. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide. Unless ImmigrationHelp and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your contact address. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which ImmigrationHelp was a party. Except as otherwise provided for herein, ImmigrationHelp will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse ImmigrationHelp for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek relief valued at more than $75,000 (excluding attorney’s fees and expenses), the payment of these fees will be governed by the AAA rules.
(d) For claims under $75,000, if, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of ImmigrationHelp's last written settlement offer made before an arbitrator was selected, then ImmigrationHelp will:
(i) pay you either the amount of the award or $2,000 ("the alternative payment"), whichever is greater; and
(ii) pay your attorney, if any, the amount of attorney's fees, and reimburse any expenses (including expert witness fees and costs), that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration (the "attorney's payment").
If ImmigrationHelp did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney's fees, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney's fees at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits. In assessing whether an award that includes attorney’s fees or expenses is greater than the value of ImmigrationHelp’s last written settlement offer, the arbitrator shall include in his or her calculations only the value of any attorney’s fees or expenses you reasonably incurred in connection with the arbitration proceeding before ImmigrationHelp’s settlement offer.
(e) The right to attorney's fees and expenses discussed in paragraph (d) supplements any right to attorney's fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney's fees or costs. Although under some laws ImmigrationHelp may have a right to an award of attorney's fees and expenses if it prevails in an arbitration proceeding, ImmigrationHelp will not seek such an award for claims under $75,000.
(f) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND IMMIGRATIONHELP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and ImmigrationHelp agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
(g) If the amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.
(h) Notwithstanding any provision in the applicable Terms to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to any notice address, website link or telephone number provided herein), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.
11. Professional, Independent Attorney Judgment.
Plan Attorneys are not agents or employees of ImmigrationHelp. A Plan Attorney shall maintain the attorney-client relationship with the Plan Member, and is solely responsible to the Plan Member for all legal services provided. It is within the sole discretion of the Plan Attorney to determine whether claims or defenses pertaining to any matter under this Agreement present a frivolous or otherwise unmeritorious claim or defense. Plan Attorneys reserve the right to make independent professional judgments regarding such presentations. ImmigrationHelp will in no way influence or attempt to affect the rendering of professional services of the Plan Attorneys.
12. Internal Revenue Service (IRS) Circular 230 Tax Advice Disclosure.
To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in any communication from ImmigrationHelp (including information provided by a Plan Attorney) is and was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing, or recommending to another party any matters addressed therein.
13. Consent.
I have read this Agreement and understand it. By consenting to the terms of this Agreement,
(a) I give ImmigrationHelp permission to receive, store, forward, and review communications between myself and the Plan Attorney, solely for the purpose of facilitating such communications and the Plan Attorney’s services under this Agreement. I understand that ImmigrationHelp has agreed to keep such communications and the information contained therein confidential to at least the same level of privacy as required by the Plan Attorney under the laws and rules governing the Plan Attorney’s communications with me.
(b) I attest to being poor, underprivileged, or in financial distress as required per the terms of this Agreement.