U-Pass Citizenship Test Kit: English , Bilingüe inglés-español , 中、英雙語

AGREEMENT AND TERMS OF USE

THIS AGREEMENT is between you and PassCitizenship.com and its owners.

Introduction

Welcome to PassCitizenship.com. Our purpose is to help our customers study for and pass the United States citizenship examination given by the U.S. Citizenship and Immigration Service. By using any product or service offered by us, you represent that you have read and understood this Agreement and that you agree to its terms and conditions, including any future amendments. This Agreement is effective upon your purchase or use of any of our products.

Definitions

"Agreement" means this Agreement and Terms of Use.

"You" and "your" means you, your agents and employees, and all persons acting at your direction, with your permission, or on your behalf.

"Us," "we," and "our" means PassCitizenship.com, its owners, officers, directors, employees, and agents.

"User" mean all persons who purchase or use products or services produced by PassCitizenship.com, and our affiliates.

"Person" means natural persons and all other legal entities.

"Site" means our web site(s) and those of our affiliates.

No Legal Relationship Created

The relationship between you and us is strictly that of buyer and seller. This Agreement does not create an fiduciary, agency, employee-employer, partnership, joint venture, franchise, or any other legal relationship between you, us, or any other person.

Ownership, Marks, and Copyrights

PassCitizenship.com is a registered domain name. The name may also be part of certain trademarks and service marks. All site content and related writings are protected by applicable copyright, trademark, and service mark law and may not be used without our express written consent.

Prohibited Uses

By purchasing or using any of our products or services, you agree not to:
  • Copy, reproduce, create derivative works from, display, sell, or distribute, whether or not for monetary gain, any of our products, service, or content, including web content, without our express written permission.
  • Install copy any downloaded material on more than one computer, except by purchasing licenses for each additional installation.
  • Misappropriate or use any trademark, service mark, patent subject matter, trade secret, or confidential information belonging to us.
  • Use our products or services for any unlawful purpos
Your Privacy

Your privacy is important to us. You may view our Privacy Statement on our site. Our Privacy Statement is incorporated into this Agreement as if fully set forth. By entering into this Agreement, you also agree to the terms of our Privacy Statement.

Release, Indemnity, and Limitation of Liability

We are not responsible or liable for the consequences of your use of our products and services. You release us from any and all such liability and waive all claims of every kind in any way resulting from your purchase or use of our products and services.

You agree to indemnify and hold us harmless from and against any and all claims, causes of action, demands, and damages of every kind and nature, including attorneys’ fees, by any person due to or arising out of your breach of this Agreement.

If despite this release and waiver, we are found liable to you on any claim or cause of action, our liability is limited to your actual monetary expenses legally and proximately caused by us. These releases, waivers, and limitations apply to all incidental damages (including, but not limited to, loss of income, business interruption, loss of business opportunities, and the like), noneconomic damages (including but not limited to physical, mental, and emotional pain and suffering), and punitive and exemplary damages.

Some jurisdictions may prohibit or limit certain releases and waivers of liability. You agree to consult the laws of your jurisdiction and or a licensed attorney concerning your rights as you deem necessary.

Disclaimer of Warranty

We do not guarantee, certify, or warrant the accuracy of any information contained in our products or services. You agree to independently verify the correctness of all such information before relying on it. We do not guarantee or warrant the effectiveness of our products or services; nor do we grandee or warrant that by using our products or services, you will pass the USCIS examination or any other examination or test. WE ARE NOT ATTORNEYS AND DO NOT PURPORT TO GIVE LEGAL ADVICE. YOU AGREE TO SEEK THE ADVICE OF AN ATTORNEY REGARDING ALL LEGAL MATTERS RELATED TO OUR PRODUCTS AND SERVICES.

Notices and Termination

Without limiting our other remedies, and without further notice to you, we may suspend, discontinue, restrict, modify or terminate our business, sales, customer service, web site, and other services and take any technical, legal, or other steps reasonably necessary to prevent use of our products, services, and web site if in our sole discretion we determine that such action is reasonably necessary.

This Agreement is effective until terminated.

Nonwaiver of Rights

Our failure to act with respect to any breach of this Agreement is not a waiver of our rights to act with respect to other breaches.

Governing Law

This Agreement, and the respective rights and obligations of the parties hereto, shall be governed by and construed in accordance with the laws of the State of California without regard to its conflicts of laws and without regard to the United Nations Convention on Contracts for the International Sale of Goods.

Dispute Resolution

Any and all disputes arising between you and us will be resolved by binding arbitration in Santa Clara County, California in accordance with the American Arbitration Association’s standard rules then in effect for arbitration of commercial disputes. You hereby waive any and all rights you may have to have disputes heard or decided by any court or other forum or other method. Specifically, but without limitation, you waive any and all rights to trial by jury.

Modification and Severability

This Agreement may, in our sole discretion, be amended or modified by posting such amendments or modifications on our site. This Agreement may not be otherwise amended. The current version of the Agreement is always available for reading on the site. If any provision of this Agreement is found to be illegal, void, voidable, or for any reason unenforceable, it will be deemed severed from and shall in no way affect the validity or enforceability of its remaining provisions.

Entire Agreement

This document is the entire agreement between you and us. We intend this Agreement to be an integration setting forth our complete and exclusive agreement on all subjects. This Agreement supersedes and replaces all previous agreements. In entering into this Agreement, you represent that you have not relied on any written or oral promise or representation other than those expressly stated herein.