Terms of Use

Welcome to the Terms and Conditions page (“Terms and Conditions”) for the www.pathwaytostay.com website (“Website”) which is owned by DRD Holdings, LLC, a Pennsylvania limited liability company (“DRD”). DRD may sometimes be referred to as “our”, or “we”. These Terms and Conditions create an agreement between you and DRD applicable to your use of our Website, or any other websites of DRD with links to these Terms. The Website provides: (a) products that are designed to provide customers with general information pertaining to specific U.S. immigration forms, applications and procedures; and (b) an automated do-it-yourself solution for completing certain U.S. immigration forms based on the specific information and direction that you provide, and then provide the completed forms in a PDF format along with pertinent filing instructions (collectively referred to as “DRD Products”).

By accessing the Website, you are agreeing to comply with and be bound by these Terms and Conditions and the Website’s Privacy Policy, incorporated herein by reference. If you do not agree with the Terms and Conditions and the Privacy Policy, please immediately discontinue any further use of this Website and any DRD Products and services. If you encounter any technical problems while using the Website or any DRD Products, please call DRD’s customer service department at cs@pathwaytostay.com.

DRD Products are protected by applicable copyright laws. All rights are reserved. No part of any DRD Products may be reproduced in any form, medium, or manner including mechanical and photocopying means without the express written consent of DRD. DRD does not claim any copyright law protection on the actual U.S. Government forms or instructions that may be included in DRD Products.

The price of the DRD Products does not include any additional fees that the U.S. Government might charge to process customer’s application(s). The price of the DRD Products does not include any charge for any official U.S. Government forms or instructions, as those are included with the DRD Product at no additional charge.

DRD reserves the right to change these Terms and Conditions at any time by publishing such changes on the Website. Your use of DRD Products or the Website after DRD publishes any such changes shall constitute your acceptance of the Terms and Conditions as modified. You agree that DRD is permitted to access and use any other information provided by you and, if necessary, to access such information to obtain contact information in order to provide notifications relating to DRD Products.

You acknowledge that you are eighteen year of age or older and you are legally able to enter into this Agreement and other agreements.

Disclaimers

Any reliance on information contained herein is taken at the customer’s own risk. DRD is not accountable for any errors, omissions or changes that might have occurred prior, during or after updating the content of any DRD Products. DRD Products are not official U.S. Government publications and its use does not guarantee that an approval will be obtained.

You acknowledge that any decision you make regarding DRD Products is your decision and we are not representing you in any capacity whatsoever, legal or otherwise. We are not a law firm and neither we nor any of our employees provide legal advice. We are not a government agency. There is no attorney-client relationship between us and no such relationship would be established if you use our products or services. No representations or warranties, express or implied, are given regarding the legal or other consequences resulting from the use of DRD Products. We recommend that you consult with an attorney who specializes in immigration law if you have any questions regarding DRD Products. Your use of information, forms, and our DRD Products is solely at your own risk.

No content provided by DRD is to be construed as legal advice, nor should it be construed as a substitute for the advice of an attorney. DRD offers general information about the law and does not provide any legal advice.

In addition, when using particular Services, you and DRD shall be subject to any posted guidelines or rules applicable to such sites or services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms. In the event that any of the Terms contained herein conflict with such guidelines or rules, these Terms shall control.

The information contained on the Website and in the DRD Products is provided for general information only and should not serve as a substitute for legal advice from an attorney familiar with the facts and circumstances of your specific situation. DRD’s liability is limited only to amounts you have paid to DRD. DRD will retain your information for a period of at least three (3) years.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT USE OF THE WEBSITE AND ANY DRD PRODUCTS IS ENTIRELY AT YOUR OWN RISK. DRD ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE WEBSITE’S MATERIALS OR IN DRD PRODUCTS. THE WEBSITE AND DRD PRODUCTS ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. DRD DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE WEBSITE’S MATERIALS OR IN DRD PRODUCTS. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, DRD DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE AND ANY DRD PRODUCTS. TO THE FULLEST EXTENT PERMITTED BY LAW, DRD DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, DRD DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE OR ANY DRD PRODUCTS. DRD MAKES NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED IN THE WEBSITE OR IN ANY OF THE DRD PRODUCTS. DRD MAKES NO REPRESENTATIONS THAT IT WILL UPDATE ITS MATERIALS OR PRODUCTS OR WARRANT THAT THE GOVERNMENTAL FORMS AVAILABLE ON THE WEBSITE ARE ACCURATE AND UP TO DATE.

You must provide all equipment and software necessary to connect to the Services, including but not limited to, a computing or mobile device that is suitable to connect with and use the Services, and all corresponding backup, recovery, and maintenance services. You are solely responsible for any fees, including internet connection or mobile fees, that you incur when accessing the Services.

Acknowledgements

You acknowledge and agree to the following limitations with regard to your use of the WEBSITE or ANY DRD PRODUCTS:

(a) DRD is not responsible for rejection of your immigration application due to your failure to timely or properly file your application with USCIS;

(b) You will print your forms on U.S. letter-sized paper (8.5 inches by 11 inches), as that is the only paper size that USCIS currently accepts for its paper forms;

(c) DRD is not responsible for USCIS not following their own published guidelines as made available to the general public via their website or otherwise;

(d) DRD is not responsible for denial of your immigration application by USCIS due to your underlying ineligibility for the immigration benefit sought; and

(e) Any of the foregoing limitations will not be cause for a refund.

Limitations of Liability

You acknowledge and agree to the following additional limitations of liability:

UNDER NO CIRCUMSTANCES SHALL DRD OR ITS EMPLOYEES, CONTRACTORS, MEMBERS, MANAGERS, ADVERTISERS, ATTORNEYS OR AFFILIATES (EACH A “DRD PARTY” AND TOGETHER THE “DRD PARTIES”) BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF DRD OR ANY DRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR DRD PRODUCTS, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR DRD PRODUCTS, FROM INABILITY TO USE THE WEBSITE OR DRD PRODUCTS, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR DRD PRODUCTS. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR DRD PRODUCTS OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR DRD PRODUCTS OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE LIMITED OR RESTRICTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY AND DRD AND DRD PARTIES’ ABSOLUTE LIMIT OF LIABILITY IN CONNECTION WITH ANY LAWSUIT, CLAIM OR CAUSE WHATSOEVER DIRECTLY OR INDIRECTLY RELATING TO OR ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE OR DRD PRODUCTS, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY OF RECOVERY, SHALL IN ALL CASES BE STRICTLY LIMITED TO THE PRICE PAID BY YOU DIRECTLY TO DRD IN CONNECTION WITH SUCH ACCESS TO OR USE OF THE WEBSITE OR DRD PRODUCTS.

DRD does not promise that the Services will be error-free, uninterrupted, nor that the Services will provide specific results from your use of any content, search or link on them. The Services and all content contained within them are delivered on an “AS IS” and “AS AVAILABLE” basis without warranty of any kind. DRD does not warrant or represent that files you download from the Services will be free of viruses or other harmful features. You are solely responsible for any damage to your mobile device, or other device, or loss of data that results from such use. DRD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

Access

You acknowledge and agree that DRD grants you a limited, revocable, nonexclusive, non-transferable license to access the Website and utilize DRD Products for your own personal, non-commercial use, and not to download or modify it or any portion thereof (other than as expressly permitted by DRD.) You agree that no Materials (as defined below) from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without DRD’s written permission. Except as expressly stated in the Terms and Conditions, you are not granted any right or license, by implication, estoppel, or otherwise, in or to any patent, trademark, copyright, or proprietary right of DRD’s or any third party, in connection with your use of the Website and any Materials provided by DRD or any third party on the Website. Elements of the Web Site, including page headers, custom graphics, logos, sounds, images, the “look and feel” of the Website (including its design, layout, color combinations, button shapes and other graphical elements) and button icons, are protected by trade dress and other state and federal laws and may not be copied or imitated, in whole or in part.

You may not: (a) make any resale or commercial use of the Website or the Website Materials; (b) make any derivative use of the Website or the Website Materials; (c) use any data mining, robots, or similar data gathering and extraction methods within the Website, (d) copy, reproduce, republish, upload, post, transmit, or distribute in any way any materials or products found on the Website other than as expressly permitted by DRD; (e) use, frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including the layout or design of any page of the Website); or (f) use any meta tags or any other “hidden text” utilizing the name, trademark, or product name of “DRD” or any related product name without DRD’s prior written permission or as expressly permitted herein.

The DRD content and software is the proprietary property of DRD and/or its suppliers and Partners and are protected by U.S. and international copyright and other intellectual property laws. The names of actual companies and products which may be listed within the Services may be the trademarks of their respective owners. DRD reserves the right to suspend, cancel or limit the use of the Services with or without cause, and with or without notice. For example, we may suspend, cancel or limit your use if your use violates these Terms.

License Grant to DRD

Unless otherwise agreed to in a separate written agreement between you and DRD that was signed by an authorized representative of DRD, by distributing, disseminating or uploading content through the Services (“User Content”), you hereby grant to DRD a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license (with the right to grant and authorize sublicenses) to host, transfer, display, perform, reproduce, distribute, compress or convert for distribution, and otherwise use your User Content, in any media formats and through any media channels, solely in order to publish and promote such User Content in connection with services offered or to be offered by DRD. Such license will apply to any form, media, or technology now known or hereafter developed.

DRD Accounts

The member who created the DRD account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the DRD account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting DRD Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

In order to provide you with ease of access to your account and to help administer the DRD service, DRD implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the DRD service through our website.

You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Netflix website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Netflix reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Netflix is not obligated to credit or discount a membership for holds placed on the account by either a representative of Netflix or by the automated processes of Netflix.

In order to access some features of the Website, and to use certain DRD Products and services, you will have to create an account and register with us and select a password and email address. When creating an account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your password secure. You must notify us immediately of any breach of security or unauthorized use of your account. You shall never use another user’s account without such other user’s express written permission. You will immediately notify us in writing of any unauthorized use of your account, or other account related security breach of which you are aware. Please read our Privacy Policy, which describes the personally identifiable information we collect, use, disclose, manage and store. You will be responsible for the confidentiality and use of your User ID, and for any and all activities that are conducted through your account, and agree not to transfer or resell your use of or access to the Website to any third party. We are not liable for any harm caused or related to the theft or misappropriation of your User ID, disclosure of your User ID, or your authorization of anyone else to use your User ID. If you have reason to believe that your account with us is no longer secure, you must promptly change your password and immediately notify us of the problem by emailing us at cs@pathwaytostay.com.

Links to Third Party Sites

There are links throughout the Website that will let you leave the Website. These links are provided as a courtesy only, and the sites they are linked to are independent and are not under the control of DRD. Therefore, DRD is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. DRD is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by DRD of the site and/or any of its content therein. Your linking to any other website(s) is at your own risk and you acknowledge that you bear all risks associated with access to and use of content provided on such third party website and agree that DRD is not responsible for any loss or damage of any sort you may incur from dealing with such a third party.

Termination

Violation of these Terms and Conditions, including without limitation modification or use of Materials on the Website for any purpose other than those permitted in this Agreement, shall result in the automatic termination, without notice to you, of your license to access the Website and utilize the DRD Products, and also may constitute the infringement of DRD’s copyright, trademark and/or other rights. You shall not attempt to access any other DRD systems, programs or data that are not made available for public use.

Billing

In order to use the Services you must provide DRD accurate and complete billing information, including legal name, address, and telephone number. When you submit credit card information, you give DRD express permission to charge all user fees, subscription charges, and any other charges and fees incurred for using the Services (“Fees”) to the designated credit card. DRD reserves the right to terminate these Terms and your access to and use of the Services if you do not provide a valid credit card for the payment of Fees, or if any Fees are not timely paid. All Fees 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 Services not provided in your service plan will be billed in accordance with specific terms provided at the time the add-on features or Service is requested by you. All payments of Fees 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 DRD’s net income.

Digital Millennium Copyright Act

We respect the intellectual property rights of others, and requires that all users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. We have the right to terminate a user’s use of the Website for such actions.

If you believe your content has been copied and posted on the Website in a way that constitutes copyright infringement, please send our Copyright Agent a written notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Website; (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. Our Copyright Agent for notification of claimed infringement can be reached as follows: CHARLES L. RIDDLE, ESQ. of RIDDLE PATENT LAW, LLC, 434 LACKAWANNA AVE STE 200, SCRANTON, PA 18503-2053, Attn: Copyright Agent. If you fail to comply with these requirements, your DMCA notice may not be valid.

Miscellaneous

You acknowledge and agree that the Terms and Conditions and the relationship between you and DRD shall be governed by the laws of the Commonwealth of Pennsylvania without regard to any conflicts of laws principles. 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 these Terms. Further, you agree that all actions or proceedings arising in connection with your use of the Website, DRD Products and the Terms and Conditions shall be tried and litigated exclusively in a forum located in the County of Delaware, Commonwealth of Pennsylvania. The aforementioned choice of venue is intended to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between you and the DRD with respect to or arising out of the Website, DRD Products and the Terms and Conditions in any jurisdiction other than that specified in this paragraph. You hereby waive any right you may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph. You hereby authorize and accept service of process sufficient for personal jurisdiction in any action against you as contemplated by this paragraph by registered or certified mail, return receipt requested, postage prepaid. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law. In addition, in the event of a breach of the Terms and Conditions by you, DRD will, in addition to all other remedies available to it, be entitled to equitable relief by way of a temporary restraining order, or preliminary or permanent injunction and any other legal or equitable remedies. This provision will not be construed as a waiver of the rights which DRD may have for damages under the Terms and Conditions or otherwise, and all of the DRD’s rights and remedies will be unrestricted.

Arbitration Agreement

If you are a User of DRD Products in the United States (including its possessions and territories), you and DRD agree that any dispute, claim or controversy arising out of or relating in any way to the DRD service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and DRD are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of yourDRD Account.

If you elect to seek arbitration or file a small claim court action, you must first send to DRD, by certified mail, a written Notice of your claim (“Notice”). The Notice to DRD must be addressed to: General Counsel, DRD Holdings, LLC, 3 N. 2nd Street; Suite 200, Philadelphia, PA 19106 (“Notice Address”). If DRD initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by DRD, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If DRD and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or DRD may commence an arbitration proceeding or file a claim in small claims court.

You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after DRD receives notice at the Notice Address that you have commenced arbitration, DRD will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this Arbitration Agreement. Unless DRD and you agree otherwise, any arbitration hearings will take place in Delaware County, Pennsylvania.

YOU AND DRD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and DRD agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or 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 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 Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Release

You and your heirs, successors, assigns, beneficiaries, executors and representatives hereby release and discharge DRD and all DRD Parties from any claim, demand, cause of action, lien, agreement, debt, liability, loss, cost, expense (including legal expenses), fee, or damage of every kind (collectively, “Claims”), whether arising in law, equity, statute, tort, or contract or otherwise, whether known now or later known, that arises out of or relates to your use of the Website, or the DRD Products. You intend this section to serve as a general release, and you recognize that you may have Claims of which you are totally unaware and unsuspecting, but that which you are nevertheless releasing and giving up by consenting to the Terms and Conditions and using the Website, and providing the foregoing general release. In furtherance of such understanding and intention, as applicable, you acknowledge that you are familiar with the provisions of California Civil Code Section 1542, and you waive all such provisions of California Civil Code Section 1542, which provides as follows:

SECTION 1542. (EXTENT OF GENERAL RELEASE.) A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

You also acknowledge and agree that nothing contained in this Section shall release or discharge you from you representations, warranties, covenants and agreements set forth in, and from your duties and obligations assumed under, these Terms and Conditions.

General

These Terms and Conditions constitute the entire agreement between you and DRD and govern your use of the Website and DRD Products, superseding any prior agreements between you and DRD. The failure of DRD to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. The Terms and Conditions do not limit any rights that DRD may have under trade secret, copyright, patent or other laws. The employees of DRD are not authorized to make modifications to the Terms & Conditions, or to make any additional representations, commitments, or warranties binding on DRD, except in a writing signed by an authorized officer of DRD. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. While we are not obligated to take any action, such action may include, but is not limited to, issuing warnings, suspension or termination of service. We also reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.

In order to protect DRD’s systems and/or customers, ensure the integrity and operation of DRD’s business and systems and/or to cooperate with governmental requests, we may access and disclose any information we consider necessary or appropriate, including, without limitation, user profile information, IP addressing and traffic information, usage history, etc. DRD’s right to disclose any such non-confidential or non-privileged information shall govern over any terms of DRD’s Privacy Policy. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website, DRD Products or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. You also agree that the Terms and Conditions shall not be construed against the drafting party, i.e., DRD.

Other than government forms, all right, title and interest in the Website and the “Website Materials”, which shall include but is not limited to documents, information, trademarks, service marks, trade dress materials, graphics, sounds, videos, the “look and feel” of the Website (i.e. its design, graphics, etc.) images and articles) are owned and/or controlled by DRD or by third party authors, developers or vendors and are protected by the copyright laws and other intellectual property laws of the United States of America. You hereby acknowledge and agree that DRD and/or any applicable third party content providers remain the owners of any posted Website Materials, and that you do not acquire any ownership or license rights over any such Website Materials by downloading or, otherwise, using them. You may download portions of the Website Materials Content from the different areas of the Website solely for your own non-commercial use. Any redistribution, retransmission, posting, or publication of any Website Materials is strictly prohibited without our express written consent. You further agree not to modify or delete any proprietary notices from the Website Materials downloaded from the Website. Nothing on this Website shall be construed to confer any license under any of Company’s intellectual property rights, whether by implication, estoppel, or otherwise. All Website design, text, graphics, and the selection and arrangement thereof, are owned or licensed by DRD. All Website Materials (excluding governmental forms) are Copyright © 1998-2015, DRD Holdings, LLC. ALL RIGHTS RESERVED.

To the maximum extent permitted by law, you agree to defend, indemnify and hold DRD and all DRD Parties harmless from any Claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of your use of DRD Products and/or the Website, your violation of the Terms and Conditions, or your breach of any of the representations and warranties herein.

USCIS Direct Submission Online Application (“Direct Submission”)

Upon choosing the Direct Submission service as offered by DRD, the company will use the U.S. government operated USCIS Electronic Immigration System website, “ELIS”, to create an account and submit the selected USCIS forms directly using the ELIS portal. As part of the Direct Submission service, you are expressly authorizing DRD to setup, create and manage an account on ELIS in order to submit the USCIS application completed using the DRD service. In order to create an account on ELIS, you expressly authorize DRD to use unique credentials including but not limited to security question answers, email addresses, and passwords. The submission and application process will be managed by DRD to complete updates and communication between you and the USCIS through ELIS. Any application data and information submitted by you to DRD will be passed on the USCIS and U.S. government through the ELIS portal.

In order to use the Direct Submission service through DRD your consent is required for DRD’s use of your payment credentials (credit card numbers, etc.) for satisfying any and all accompanying USCIS fee(s) associated with the submission of your form(s), use and access of the Department of Homeland Security computer system and the USCIS Privacy Act Statement when creating an account on the ELIS system. If you wish to terminate DRD’s management of your application on ELIS and have management of your application transferred to you, contact DRD directly at cs@pathwaytostay.com. A transfer of the management of an account on ELIS will compromise DRD’s ability to provide communication and updates regarding the submission of an application.

Upon requesting the Direct Submission service, DRD will electronically submit your forms with accompanying data and information directly to the USCIS using the ELIS system. You maintain the responsibility of any and all review of the form(s) submitted though DRD to be free of error before any request for Direct Submission is made. DRD does not guarantee any acceptance of any form(s) by the USCIS. If your application is rejected by the USCIS for incomplete information or data, or there are technical complications on the part of the ELIS system then you are responsible for the direct manual filing of your application to the USCIS. Through requesting the Direct Submission service, you expressly authorize DRD to send all data and information in connection with your application to the USCIS and any other U.S. government agency and retrieve any receipts or documentation related to USCIS submissions on your behalf.

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Last Updated: November 6, 2015