This Terms of Use Agreement is a binding agreement between you and the Border Crossing Law Firm, and governs your use of the websites located at bordercrossinglaw.com and openborders.io (collectively, including all subdomains of these websites, the “Sites”). By accessing or using the Sites, you agree to be legally bound by this agreement. Your use of the Sites are also subject to the terms of the Privacy Policy, below. If you do not agree to the terms of this agreement and the Privacy Policy, you may not access or use the Sites. The Sites are intended for use by persons 18 years of age or older. If you are under 18 years of age, you may not access or use the websites.

 

BY ACCESSING ANY PORTION OF THE SITES, YOU AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE, AND YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS THE SITES.

 

These Terms of Use constitute the sole and entire agreement between you and Border Crossing Law Firm regarding the Sites, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Sites.

 

If you retain us to represent you for specific legal services, such representation will also be governed by a separate Attorney-Client Agreement, which is sent after you retain us for legal services.

 

Unless and until you execute an Attorney-Client Agreement to retain the Border Crossing Law Firm, we are not your attorneys, and you may not consider the information on our websites to be legal advice.

 

Not Legal Advice

 

Open Borders is a free immigration guide that is intended to serve as a starting point for determining your immigration options.  The information on the Sites are not legal advice, and do not form an Attorney-Client relationship.  These Sites are not a substitute for the advice or representation of an attorney.  Immigration laws are complex and frequently change.  We tried to take into account thousands of possible immigration scenarios, but we make no representation that the information in this guide is perfect.  There could be a number of variables in your case that are not fully taken into account in the information provided by this guide.  There could also be immigration relief that you qualify for that this guide does not discover.

 

Therefore, all of the information provided on these Sites is meant to be reviewed and confirmed by an immigration attorney prior to taking any action with the U.S. government to file any applications for relief.

 

For this reason, the information presented on or through the Sites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of its contents.

 

The Border Crossing Law Firm expressly disclaims all liability in respect to actions taken or not taken based on the content of the Sites.  The reader should also be aware that prior results described on these Sites do not guarantee a similar outcome.

 

We strongly believe that legal representation is critical in immigration cases, and do not encourage you to file any immigration applications without the assistance of a qualified immigration attorney.  If you decide to retain the Border Crossing Law Firm to represent you, then the terms of that agreement will be specified in a separate Attorney-Client Contract that will be sent to you.  Unless you retain the Border Crossing Law Firm, we are not your attorneys, and you may not consider the information on our Sites to be legal advice.

 

Neither receipt of information presented on the Sites nor any e-mail or other electronic communication sent to Border Crossing Law Firm or its lawyers will create an attorney-client relationship.  Accordingly, the attorney-client relationship will not begin until you receive a written statement from us that we represent you (an “Attorney-Client Contract”).

 

Border Crossing Law Firm attorneys named on the Sites are authorized to practice law in Illinois and Montana, and before any federal administrative tribunal, such as the Executive Office for Immigration review, but may not be authorized to practice law in other state or federal jurisdictions.  Attorneys listed on the Sites are not Certified by the Texas Board of Legal Specialization.

 

Attorney Advertising

 

The content of the Sites should be considered attorney advertising, because it is intended to encourage you to hire us to provide legal services to you.

 

No Government Affiliation

 

The Border Crossing Law Firm and Open Borders are not affiliated with the United States Citizenship and Immigration Services (“USCIS”), United States Immigration and Customs Enforcement (“ICE”), United States Customs and Border Protection (“CBP”), the Executive Office of Immigration Review (“EOIR”), the Board of Immigration Appeals (“BIA”), or any other government entity.

 

Revisions to the Websites

 

We may revise and update the information on the Sites, including the Legal Disclaimers, Terms of Use Agreement, and Privacy Policy, from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Sites thereafter. Your continued use of the Sites following the posting of revised terms means that you accept and agree to the changes. Therefore, we recommend reviewing the terms and conditions set forth on this page each and every time you access the Sites so you are aware of any changes, as they are binding on you.

 

We reserve the right to withdraw or amend the Sites in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Sites to users, including registered users.

 

Use of Services

 

Subject to your complete compliance with the provisions of this agreement, you are granted a limited, non-exclusive, non-transferable, revocable license to use the Sites solely in the manner authorized and intended by the Border Crossing Law Firm. Any rights not expressly granted in this agreement are expressly reserved by the Border Crossing Law Firm. The resale or distribution of materials made available on the Sites without the express, written consent of the Border Crossing Law Firm is prohibited. All such materials are authorized only for your own personal use.

 

In connection with your access to or use of the Sites, you are prohibited from:

 

• Accessing data not intended for you, or logging onto a server or an account which you are not authorized to access;

 

• Using any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to access, navigate, or search the Sites, other than generally available third-party web browsers (e.g., Mozilla Firefox, Google Chrome and Microsoft Explorer);

 

• Using any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or any activity being conducted on the websites;

 

• Attempting to probe, scan or test the vulnerability of the Open Borders and Border Crossing Law Firm systems or networks or to breach security or authentication measures without proper authorization;

 

• Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Sites, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”;

 

• Sending unsolicited email, including promotions and/or advertising of products or services;

 

• Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting;

 

• Copying, modifying, adapting, reproducing, reverse engineering, decompiling, disassembling, or preparing derivative works from Open Borders and Border Crossing Law Firm software or content that is not your own;

 

• Distributing viruses, malicious code, malware or any other technologies that may harm the Border Crossing Law Firm, the Sites, or a user;

 

• Violating or circumventing any applicable laws, regulations or technical measures, security measures or policies;

 

• Violating, infringing, or breaching the rights of the Border Crossing Law Firm or a third-party, including, but not limited to any copyrights, trademark rights, patent rights, trade secrets rights, rights of publicity or personality, moral rights, or any other proprietary rights;

 

• Submitting to the Sites any false, inaccurate, misleading, deceptive, defamatory, or libelous materials or user content; or

 

• Knowingly withholding or failing to disclose information requested by the Sites, or required to be included or disclosed on a USCIS form or other government form, or engaging in any action that constitutes fraud.

 

• Submitting false, inaccurate, misleading or deceptive information, or failing to disclose information requested by the Sites or required to be included or disclosed on a USCIS form or other government form, may result in your application being denied by the applicable government agency and the Border Crossing Law Firm will not have any liability to you as a result of such actions.

 

Violations of system or network security may result in civil or criminal liability. The Border Crossing Law Firm will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

 

Hyperlinks

 

Hyperlinks to organizations and governmental agencies are provided as a convenience to our readers. There is no sponsorship between the Border Crossing Law Firm and any of these organizations and agencies. Hypertext links are provided as a service to users and are not sponsored by or affiliated with this website. The links are to be accessed at the user’s own risk, and the authors of the Sites have no control over, and make no representations or warranties about, the content of these links. The firm does not endorse and is not responsible for any third-party content that may be accessed from its website and does not recommend or endorse the use of any third-party service.

 

Geographic Restrictions

 

The owner of the Sites is based in the State of Montana in the United States. We provide the Sites for use primarily by persons located in the United States. We make no claims that the Sites or any of its content is accessible or appropriate outside of the United States. Access to the Sites may not be legal by certain persons or in certain countries. If you access the Sites from outside the United States, you do so at your own risk, and are responsible for compliance with local laws.

 

User Contributions

 

The Sites may contain message boards, chat rooms, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Sites.

All User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations, and may not be offensive, discriminatory, harassing, or otherwise objectionable. Any User Contribution you post to the Sites will be considered non-confidential and non-proprietary. By providing any User Contribution on the Sites, you grant us and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.

 

You represent and warrant that you own or control all rights in and to the User Contributions, you have the right to grant the license granted above to us and our licensees, successors, and assigns, and all of your User Contributions do and will comply with these terms.

 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Sites.

 

We have the right to:

 

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, or threatens the personal safety of users of the Sites or the public.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites.
• Terminate or suspend your access to all or part of the Sites for any reason, including without limitation, any violation of these Terms of Use.

 

Copyright Infringement

 

For purposes of the Digital Millennium Copyright Act (” DMCA”), we have designated an agent for notices of claimed infringement:

 

Shahid Haque, President

Border Crossing Law Firm

618 Highland St. Helena, MT 59601

(406) 594-2004 (tel) / (888) 594-2179 (fax)

Shahid@bordercrossinglaw.com

 

Ownership and Intellectual Property Rights

 

The Sites and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Border Crossing Law Firm, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

 

These terms permit you to use the Sites, and their contents, for your personal, non-commercial use only.

 

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Sites, except as follows:

 

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Sites for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features, you may take such actions as are enabled by such features.

 

You must not:

 

• Modify copies of any materials from this site.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
• Access or use for any commercial purposes any part of the Sites or any services or materials available through the Sites.

 

If you wish to make any use of material on the Sites other than that set out in this section, please address your request to: help@bordercrossinglaw.com

 

No right, title, or interest in or to the Sites or any content on the Sites is transferred to you, and all rights not expressly granted are reserved by the Border Crossing Law Firm. Any use of the Sites not expressly permitted by these terms is a breach of these terms, and may violate copyright, trademark, and other laws.

 

The Border Crossing Law Firm name, the Open Borders and Border Crossing Law Firm logos, and all related names and logos are trademarks of the Border Crossing Law Firm.

 

Disclaimer of Warranty

 

The Sites are provided “as is” and “as available.”  While we strive to provide accurate information, we can’t guarantee that our information will always be up to date or error-free.  The Border Crossing Law Firm makes no representations or warranties of any kind, express or implied.  To the fullest extent permissible by applicable law, the Border Crossing Law Firm disclaims all warranties, express or implied, including but not limited to the implied warranties or merchantability, non-infringement, and fitness of a particular purpose.  You use the Sites at your sole risk.  This disclaimer constitutes an essential part of this agreement and you acknowledge that without your agreement to the terms of this disclaimer, the Border Crossing Law Firm would not have entered into this agreement with you.

 

WITHOUT LIMITING THE FOREGOING, NEITHER THE FIRM NOR ANYONE ASSOCIATED WITH THE FIRM REPRESENTS OR WARRANTS THAT THE SITES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE FIRM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Limitation of Liability

 

Under no circumstances, and under no legal or equitable theory, whether in tort, contract, strict liability, or otherwise shall the Border Crossing Law Firm, its affiliates, and their respective employees, directors, officers, and agents be liable to you or to any other person for any indirect, special, incidental, or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Sites, including without limitation, damages for lost profits, loss of goodwill, loss of data, accuracy of results, or computer failure or malfunction, even if the Border Crossing Law Firm has been advised of or should have known of the possibility of such losses or damages.  In no event will the Border Crossing Law Firm ever be liable to you for any damages in excess of the fees paid by you in connection with your use of the Sites during the six-month period before the claim arose.

 

Indemnification

 

You agree to defend, indemnify and hold harmless the Border Crossing Law Firm, its affiliates, and their respective directors, officers and employees from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your breach of this agreement, your improper use of the Sites, or your breach of any applicable law or infringement of the rights of a third party. The Border Crossing Law Firm shall have the right to participate in the defense of any such claim, at its own cost. You may not settle or negotiate any claim that results in liability to, or imposes any obligation upon the Border Crossing Law Firm, financial or otherwise, without the written consent of the Border Crossing Law Firm.

 

Consent to Electronic Communications

 

You consent to receive communications from the Border Crossing Law Firm electronically, and you agree that all agreements, notices, disclosures and other communications that the Border Crossing Law Firm provides to you electronically, via email, or on the websites, satisfy any legal requirement that such communications or agreements be in writing.

 

Waiver and Severability

 

No waiver by the firm of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the firm to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of this agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way.

 

Governing Law

 

All matters relating to the Sites and these Terms of Use, and any dispute or claim arising therefrom or related thereto, shall be governed exclusively by the laws of the State of Montana, without giving effect to any choice or conflict of law provision or rule.

 

Arbitration

 

Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to these Terms and Conditions or the Sites shall be settled by binding arbitration in the State of Montana. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The party seeking to initiate arbitration must notify the adverse party in writing of a Demand for Arbitration. If the parties cannot mutually agree on an acceptable arbitrator within twenty days after the adverse party has received the Demand for Arbitration from the initiating party, the parties shall submit a joint-request for arbitration to the American Arbitration Association (“AAA”), and shall allow the AAA to select the arbitrator. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by a single arbitrator experienced in commercial contract disputes for at least ten years, and shall include a written record of the arbitration hearing. The parties reserve the right to object to any potential arbitrator who is employed by or affiliated with a competing organization or entity thereby resulting in a conflict-of-interest. An award of arbitration may be confirmed in a court of the State of Montana, and in the event of non-compliance with the arbitration ruling, the prevailing party may seek to enforce the arbitration decision in the Montana courts.

 

Privacy Policy

 

When you use the Sites, we collect certain information from you which can be used to contact or identify you, including, but not limited to, your name, gender, date of birth, telephone number, postal address, and email address (“Identity Information”). If you place an order for Services and/or pay a fee, we will collect additional payment and billing information from you, including, but not limited to, your credit/debit card information or bank account information (“Billing Information”). If you place an order for Services, you may also be required to provide information or documents necessary for preparation or filing of forms or applications to be submitted to government agencies, and if you file an application, we may receive from the government a unique receipt number assigned to your application (“Application Information”). Together, your Identity Information, Billing Information, Application Information, and Usage Data (defined below) are referred to as “Personal Information.”

 

The Sites are not intended for anyone under age 18, and no one under age 18 may provide any information to the Sites. We do not knowingly collect personal information from anyone under 18.

 

We also automatically collect certain information regarding your access to and use of the Sites. This information includes your computer or device hardware and software, IP address, browser type, referring website URLs, domain names, access times, log files, pages on the Sites that you visit, and links you click on (“Usage Data”).

 

Like many websites, we utilize devices to recognize you when you visit the Sites, track your interactions with the Sites, and personalize your experience. These include devices such as cookies, web beacons, pixels and similar devices. Cookies are small data files we transfer to your computer hard drive. We utilize some cookies that remain on your computer after you leave the Sites so that we can recognize you when you return and provide a more personalized and helpful experience. We also utilize session cookies to enable certain features of the Sites, to better understand how you interact with the Sites and to monitor use of the Sites by users and web traffic routing on the Sites. Session cookies are deleted from your computer when you log off from the Sites and close your browser. You maintain control over some of the information we collect through the use of cookies, and you can set your preferences regarding the use of cookies through your browser settings. If you choose not to accept cookies, you may not be able to access portions of the Sites or all functionality of the Services.

 

If you reside in the European Economic Area or Switzerland (collectively the “EU”), we rely on the following lawful grounds under the General Data Protection Regulation (“GDPR”) to process (collect, store, and use) your personal data contained in Personal Information and Usage Data: (a) it is necessary for the performance of a contract with you; (b) our legitimate interests; and (c) your consent. If you are a customer, the lawful ground for processing your personal data is necessary in performing our contract to provide the Services to you; our legitimate interest in understanding, improving, and promoting our services; and your consent. If you visit or use our websites, the lawful ground for processing your personal data is our legitimate interest in understanding how users interact with our websites to improve our websites and Services, and your consent.

 

We also may use information about you, including Personal Information, to improve the effectiveness of our marketing and advertising efforts.

 

We may use information about you, including Personal Information, and other users, in aggregate form, for our own internal research and analytical purposes. For example, we may use certain types of your information to understand which features of our Services are being used most frequently.

 

We have put in place physical, electronic and managerial procedures to protect the security of the information we collect, both during transmission and once received. This includes, but is not limited to, encryption, access control and audit logging on Personal Information. However, no method of transmission over the internet or method of storage is 100% secure. We cannot guarantee that our security measures will prevent our computer systems from being accessed illegally, nor can we guarantee that the information on our computer systems will not be viewed or stolen. Therefore, the Border Crossing Law Firm disclaims all liability for the theft, interception, loss, or unauthorized access of your information.

 

We use Google Analytics to collect information about use of the Sites. Google Analytics collects information such as how often users visit the Sites, what pages they visit when they do so, and what other websites they used prior to coming to the Sites. We use the information we get from Google Analytics to improve the Sites and Services. Google Analytics collects only the IP address assigned to you on the date you visit the Sites, rather than your name or other Personal Information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this site, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You can prevent Google Analytics from recognizing you on return visits to the Sites by disabling cookies on your browser.

 

At a minimum, we will retain your Personal Information for as long as it may be needed to provide you Service and as needed to comply with our legal obligations. Unless you request deletion of your Personal Information sooner, we may hold any of your Personal Information indefinitely. Upon request, the Border Crossing Law Firm will inform you about whether we hold any of your Personal Information. You may terminate your account and request deletion of your Personal Information by contacting us at help@bordercrossinglaw.com. In some situations, we may be legally required to retain your Personal Information or for other reasons will not be able to comply with a request to delete data.

 

State consumer privacy laws may provide residents of certain states, such as California, Nevada, Colorado, Virginia, and Utah, with additional rights regarding our use of their personal information. To submit a request regarding any such state-specific rights please contact help@bordercrossinglaw.com.

 

From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice.

 

If you have any questions regarding this Privacy Notice, please contact us at help@bordercrossinglaw.com.