(a) Terms and Conditions eb5marketplace.com (Website), is owned and operated by Annex Business Services Inc. The Website is an on-line community for EB-5 applicants, immigration lawyers and stakeholders.
BY ACCESSING, VIEWING, BROWSING, VISITING OR USING THIS WEBSITE OR ANY FEATURE OR SERVICE OFFERED THROUGH THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THESE TERMS.
(b) Registration You agree to provide true, accurate, current, and complete information as prompted by the registration form; and maintain and update such information to keep it true, accurate, current, and complete at all times. We reserve the right to delete your Account without warning if you are found to have misrepresented any of the registration information submitted.
(c) Authorized Use The content on this Website is only for your personal informational use and not for commercial use.
(d) Your Content You represent and warrant that the content you provide, post or publish on the Website including, without limitation, questions, answers to questions, articles, opinions does not and will not, directly or indirectly, violate, infringe or breach any duty towards or rights of any person or entity, including without limitation any copyright, trademark, service mark, trade secret, other intellectual property, publicity or privacy right.
Additionally, our Professional Members shall be solely responsible to ensure that any information or advertisements they post on the Website (including without limitation their profiles, educational background), and any communications they have with Website users fully comply with all applicable rules of professional conduct, including those concerning the unauthorized practice of law and those regulating the form, manner or content of communications with clients, advertising, or other matters.
You hereby grant eb5marketplace.com a worldwide, perpetual, royalty-free, irrevocable, non-exclusive, sub-licensable and transferable right and license to use, reproduce, store, host, index, cache, distribute (through multiple tiers and websites), publicly perform, publicly display, (each of the foregoing in any form, medium or technology now known or later developed), create derivative works from, and exercise all aforesaid rights with respect to such derivative works, and otherwise exploit in any manner, Your Content or any part thereof. You hereby expressly waive any and all so-called moral rights you may have in Your Content. Subject to the licenses you are granting hereunder, you retain all right, title and interest, including without limitation all worldwide intellectual property rights, in and to Your Content. We shall not acquire any right, title or interest in or to Your Content, except as provided herein. THE ABOVE LICENSES ARE PERPETUAL AND IRREVOCABLE AND SHALL SURVIVE EVEN AFTER YOU HAVE DISCONTINUED USING THIS WEBSITE OR ANY SERVICES OFFERED THROUGH THIS WEBSITE, FOR ANY REASON OR TERMINATION OF YOUR ACCOUNT.
(e) Free Questions and Answers This Website allows users to post a question free of cost to our Professional Members. By submitting a question or answering a question, you understand and agree that your question or answer will become part of our database. Without limiting the license granted to use Your Content, you agree that, as to all questions and any answers, without any compensation to you (other than allowing you to use the Website), we will have the unrestricted right to use, reproduce, edit, modify, sell, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the submitted content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in the content. After a question is answered, the question and its answer are automatically posted to the publicly accessible areas of the Website. Thus, questions and answers to them are neither confidential nor privileged in any way.
(f) Not An Endorsement You acknowledge and agree that the EB-5 professionals who participate in the community are not affiliated with, employed by or agents of eb5marketplace.com. We require the EB-5 professionals to provide basic information about themselves to us (for example, information about the jurisdictions in which they are licensed, information about areas in which they practice and consider themselves competent and knowledgeable), and although we rely upon and pass on this information to users for their use, we do not separately verify this information and make no representations as to the qualifications of any Professional Members. No listing of any EB-5 Professional Member on the Website, and no information of any kind or answers provided by any EB-5 Professional Member, constitutes an endorsement, recommendation or referral of any EB-5 Professional Member by us. You must investigate or perform your own due diligence concerning EB-5 Professional Members and their qualifications.
(g) Not Providing Legal Advice eb5marketplace.com, its associates and/or advisors do not function as attorneys or legal counsel in the United States or anywhere else and do not attempt to interpret immigration, securities, tax, foreign exchange or any other laws; nor do they provide or offer legal advice or legal services. You are advised to seek your own legal advice.
eb5marketplace.com, its associates and/or advisors are not registered or licensed in the United States or anywhere else as broker-dealers, investment advisers or financial advisors. eb5marketplace.com does not offer or sell any EB-5 investments advise on the merits of any EB-5 investment opportunity, facilitate negotiations or the execution of transactions between an investor and any issuer of EB-5 investment opportunities, or handle any investment funds or securities. None of eb5marketplace.com, its associates and/or advisors take any responsibility for, and will have no liability with respect to, any investment in an EB-5 investment program or any subsequent profit, loss or expense which may or may not directly or indirectly arise from such an investment, or for the results of adjudication of any visa application with United States Citizenship and Immigration Service (USCIS). eb5marketplace.com, its associates and affiliates strongly recommend that interested parties, before making any investment decision or transferring any funds, obtain the advice of one or more of a qualified and appropriately licensed, investment adviser or broker-dealer.
(h) No Attorney-Client or Financial Advisor-Client Relationship You understand and agree that use of the Website does not in any way create or establish an attorney-client privilege or attorney-client relationship between you and any EB-5 Professional Member. The content of this Website is provided for general information only to the public and shall not be construed as legal, financial, securities or immigration advice on any subject matter. Recipients of content from this site, clients, customers or otherwise, should not take action, directly or indirectly on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from legal counsel or other such professional advisors properly licensed and familiar with those matters.
(i) Ownership You acknowledge and agree that the Website and the services offered through the Website use and contain proprietary and confidential technology and information owned by or licensed to eb5marketplace.com, and protected by applicable intellectual property and other laws and international treaties. The content displayed on, or through, the Website, including without limitation all information, data, text, software, graphics, messages, tags, or other materials whether posted by us or our users including EB-5 Professional Members (collectively “Website Content”) is copyrighted by us or our licensors under United States and international copyright laws. Other than with respect to your submissions, and as expressly set forth in these Terms, the Website Content displayed on, or through, this Website may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission. eb5marketplace.com and other marks and logos displayed on the Website, constitute trademarks, trade names, or service marks (“Marks”) of eb5marketplace.com or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated there with remains with eb5marketplace.com or those other entities.
(j) Indemnification You agree to defend, indemnify and hold harmless eb5marketplace.com, its affiliates, independent contractors, service providers and consultants, and each of their respective directors, officers, managers, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable EB-5 Professionals’ fees) arising out of or related to any content you post, store or otherwise transmit on or through the Website or your use of or inability to use the Website, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the your content, your conduct, your violation of these Terms or your violation of the rights of any third party.
(k) Disclaimer of Warranties ALL WEBSITE CONTENT INCLUDING ANY EB-5 PROGRAM INFORMATION AND OTHER MATERIALS OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. YOU UNDERSTAND AND AGREE THAT ANY WEBSITE CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE SO AT YOUR OWN DISCRETION AND RISK. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED. WE EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, SEQUENCE, QUALITY, ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY OR AVAILABILITY OF INFORMATION, CONTENT AND OTHER MATERIALS CONTAINED ON THIS WEBSITE. THIS WEBSITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. WE DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL IN RESPECT OF THIS WEBSITE OR THE USE THEREOF. IF YOU ARE IN A STATE THAT DOES NOT ALLOW A DISCLAIMER OF IMPLIED WARRANTIES, THE ABOVE DISCLAIMER OR A PORTION OF IT MAY NOT APPLY TO YOU. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION EB-5 PROFESSIONAL MEMBER PROFILE INFORMATION, LEGAL INFORMATION, YOUR CONTENT, YOUR FEEDBACK AND/OR USER CONTENT.
(l) Limitation of Liability eb5marketplace.com SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEBSITE, THE WEBSITE CONTENT, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH THE WEBSITE, OR ANY THIRD PARTY COMMUNICATIONS. eb5marketplace.com SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, PROFESSIONALS MEMBER’S FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE, THE CONTENT OR ANY THIRD PARTY COMMUNICATIONS. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
(m) Copyright Policy We respect the rights of copyright owners to control the uses of their intellectual property, and require our users to do the same. You are responsible for complying with all copyright laws while using this Website. You agree that you will not use this Website to infringe the copyrights or other intellectual property rights of others in any way, including but not limited to, copying or distributing copyrighted works. We shall: (i) block access to, or remove material that we believe in good faith infringes copyright of a third party; and (ii) remove and discontinue service to repeat infringers. Without limiting the foregoing, your use of this Website is subject to the terms of this copyright policy.
(n) Arbitration You agree that any dispute or controversy arising out of these Terms & Conditions shall be governed by the laws of Canada and the Province of Ontario, without giving effect to conflicts of law principles. All disputes, including those for equitable relief, shall be submitted to and resolved by a panel of three arbitrators of the American Arbitration Association (“AAA”) convened in Toronto, Ontario, Canada under its commercial rules then in effect. The prevailing Party, as determined by the arbitrators, shall be entitled to recover its attorneys’ and experts’ fees and all costs and necessary disbursements actually incurred in connection with such action or proceeding. An arbitration award rendered under this paragraph may be confirmed in a court of competent jurisdiction.