H1 Base Terms and Conditions
1. Welcome to H1 Base. This web page contains the Terms and Conditions governing access to and use of this Web Site operated by H1 Base, Inc., a registered Florida Corporation (hereinafter, "H1 Base"). Please read this Web page carefully. If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, then please do not use the site. If you have questions regarding these Terms and Conditions, please contact the Support team at H1 Base.
By using the Site, you (i) agree to be bound by the Terms and (ii) represent that you are over the age of 18 and able to form a legally binding contract.
2. Binding Agreement. These Terms and Conditions (as they may be amended from time to time by H1 Base) form a binding agreement between you and H1 Base. Your access to or use of the Site indicates your acceptance of these Terms and Conditions.
3. Certain Definitions. The following definitions apply to these Terms and Conditions: "H1 Base Web Site" or the "Site" includes
Base.com in its entirety and related sites owned or operated by H1 Base and includes Content, Text, Graphics, Design, Programming and Services as applicable in the context.
"Customer" or "Purchaser" means a Member who is accessing the Site to search for United State immigration, U.S. visa and employment center services.
"Content" includes all Text, Graphics, Design and Programming used on the Site.
"Text" includes all text on every page of the Site, whether editorial, navigational, or instructional.
"Design" includes the color combinations and the page layout of the Site.
"Graphics" includes all logos, buttons, and other graphical elements on the Site, with the exception of paid advertising banners.
"Member" refers to any individual or entity who subscribes to the U.S. immigration, U.S. visa, or employment services on this Site.
"Membership" means subscribing to the U.S. immigration, U.S. visa, or employment services.
"Services" means any services provided on the Site by H1 Base or its agents.
"You" and "you" means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions. You are agreeing to use the Site at your own risk.
4. Acceptable Use of the Site.
4.1 General Use Rules. The Site is intended for individuals for U.S. immigration, U.S. visa, and employment services. You may use this Site only for lawful purposes within the stated context of H1 Base's intended and acceptable use of the Site. H1 Base is the sole interpreter of the Site's intended and acceptable use.
4.2 License to Use by Members who are Customers. H1 Base hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your personal use seeking U.S. immigration, U.S. visa, and employment services for yourself. This authorizes you to view and post material to the website's message boards and may include access to an e-mail account, and other membership services, and material on H1 Base's Website, which may only be used solely for your personal, noncommercial use. H1 Base reserves the right to suspend or terminate your H1 Base.com Membership, services, and e-mail account, for any reason at any time, in its sole discretion.
4.3 Other Specific Rules. You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Terms and Conditions.
5. Intellectual Property Rights. The Site and all right, title and interest in and to the Site is the sole property of H1 Base or its licensors, and is protected by United States copyright law and international treaties. Except for the limited licenses expressly granted to you in these Terms and Conditions, H1 Base reserves for itself and its licensors all other right, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. This includes copying or adapting the ASP, HTML code used to generate Web pages on the Site. "H1 Base," the H1 Base design logo and certain other names or logos are service marks or trademarks of H1 Base, and all related product and service names, design marks and slogans are the service marks or trademarks of H1 Base. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by H1 Base's trademarks, service marks and copyrights. All other product and service marks contained on the Site are the trademarks of their respective owners.
6. Disclaimers and Limitations on H1 Base's Liability.
6.1 ALLOCATION OF RESPONSIBILITY. H1 Base assumes no responsibility for the activities, omissions or other conduct of Members.
6.2 NO ENDORSEMENTS BY H1 BASE. Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any Member or third party, whether in regards to its Web site, goods, products, services, or otherwise.
6.3 (a) Due to the different factors involved in securing visa sponsorship in the United States of America, including but not limited to: each members own personal criteria, personal skills and experience and/or education levels, personal preferences, personal objectives and/or personal timeframes, H1 Base does not provide any guarantees regarding the effectiveness or timeliness of the site or services in meeting a member's U.S. immigration or visa sponsorship objectives within a fixed timeframe.
6.3 (b) H1 Base does not provide refunds for any reason for services provided or work performed.
6.4 WARRANTY DISCLAIMERS.
(a) THE SITE AND SERVICES/PRODUCTS ARE PROVIDED ON AN 'AS IS' AND .AS AVAILABLE' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. H1 BASE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, DATA ACCURACY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. H1 BASE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICES AND SITE.
(b) Without limitation on the foregoing:
(i) H1 BASE DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, H1 BASE IS NOT RESPONSIBLE FOR THOSE COSTS.
(ii) H1 Base makes no representations or guarantees regarding the accuracy, completeness, timeliness or reliability of any information posted by Members, or of any other form of communication engaged in by Members. Information provided by Members may contain inaccuracies or typographical errors. You agree that any reliance on information posted by Members, or on any other form of communication with Members, will be at your own risk.
(iii) H1 Base makes no representations or guarantees regarding the Content of the Site, including, but not limited to, broken links, inaccuracies or typographical errors.
(iv) INFORMATION PROVIDED ON H1 BASE.COM PAGES AND SUPPORT AND MEMBER SERVICES IS NOT LEGAL ADVICE. TRANSMISSION OF THIS INFORMATION IN ANY FORM IS NOT INTENDED TO CREATE, AND RECEIPT BY YOU DOES NOT CONSTITUTE AN ATTORNEY-CLIENT RELATIONSHIP. READERS MUST NOT ACT UPON ANY INFORMATION WITHOUT FIRST SEEKING ADVICE FROM A QUALIFIED ATTORNEY.
6.5 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND SERVICES, THE TIME YOU SPEND ON THIS SITE AND USING H1 BASE SERVICES, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITE.
(b) IN NO EVENT SHALL H1 BASE (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOSS OF EMPLOYMENT, LOSS OF COMPENSATION, LOSS OF U.S. VISA STATUS) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE AND/OR ANY INFORMATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT H1 BASE HAS BEEN NOTIFIED OF SUCH DAMAGES.
7. Links to Other Sites. H1 Base contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by H1 Base of the contents on such third-party Web sites. H1 Base is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.
8. Amendments to this Agreement and Changes to Site. H1 Base may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Site (or as otherwise stated in the any notice of such changes). Any use of the Site will be considered acceptance by you of the then-current Terms and Conditions. Therefore, it is your responsibility to check the Terms and Conditions for any changes; if you do not agree with the changes in the Terms and Conditions please notify H1 Base of your termination of registration immediately pursuant to the Notice provision in Section 11 and immediately discontinue your use of the Member services.
9. Indemnity. You agree to defend, indemnify, and hold harmless H1 Base (and its officers, directors, employees and agents) from and against any claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site, any information posted by you, or your breach of these Terms and Conditions. H1 Base shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
11. Questions and Notices. Questions concerning the use of the Site should be directed to
. Notices shall be sent, for H1 Base, to the address listed on the Site, and, for you, to the address submitted by you or such other address as H1 Base reasonably determines is an appropriate address for you.
12. General. H1 Base's contact information is listed on the Site. H1 Base makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Site. If you access H1 Base from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the internal substantive laws of Florida, without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms and Conditions shall lie exclusively with the courts in Pinellas County, Florida. You and H1 Base' sole relationship is that of independent contractors. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of these Terms and Conditions, which shall remain in full force and effect. All provisions of these Terms and Conditions shall survive termination except those granting access or use to the Site, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under these Terms and Conditions. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by H1 Base in a particular "Legal Notice," or software license or material on particular Web pages of the Site, these Terms and Conditions constitute the entire agreement between you and H1 Base.
13. Mediation and Arbitration. Any disputes between the parties hereto, whether arising under this agreement or otherwise, which the parties cannot resolve between themselves using good faith shall be:
13.1 Referred to a neutral arbitrator residing in Pinellas County. The arbitration shall be held in Pinellas County. The parties shall share equally in the cost of said arbitration. The parties further agree that full discovery shall be allowed to each party to the arbitration and a written award shall be entered forthwith. Any and all types of relief that would otherwise be available in Court shall be available to both parties in the arbitration. The decision of the arbitrator shall be final and binding. Arbitration shall be the exclusive legal remedy of the parties. Judgment upon the award may be entered in any court of competent jurisdiction pursuant to Florida Statutes Chapter 682, as amended, The Arbitration Code.
13.2 If either party refuses to comply with a ruling or decision of the arbitrator and a lawsuit is brought to enforce said ruling or decision, it is agreed that the party not complying with the ruling or decision of the arbitrator shall pay the court costs and reasonable attorney's fees (including Trial and Appellate attorney's fees) incurred in enforcing the ruling or decision of the arbitrator.
13.3 Each party hereby waives all rights to a trial by jury as to any issue relating herein in any action, proceeding, or counterclaim arising out of or relating to the Agreement or any other matter involving the parties hereto.
14. Refund and Money Back Policy. Effective from October 1st, 2010 onwards, all purchases of Premium level services including: Announce Premium and Pro Elite Premium Plus services are protected with our refund and money back policy.
If for any reason you are not satisfied with your service, simply let us know in writing within seven days from the date of purchase and we will provide a refund minus a refund processing and administration fee of twenty nine dollars and ninety five cents. The refund and money back policy is Void and Not applicable for ANY service if the account/service has been used in any way including but not limited to using the Career Profile and Matching Section, Resume Section, Resume Review, Resume Submissions, Employer Databases, Job search System, or any other service or resource provided in an account. If ANY of the services or sections as listed above have been used, for any reason, a 30% (thirty percent) refund fee will be charged and deducted from the purchase price. NO refunds will be provided, for any reason, after the Resume review service or the Resume submission service to employers has been used. ALL refund requests recieved after seven days from the original date of purchase are not applicable for a refund. Our basic level PowerSearch service that provides instant access to proprietary data and resources, has a no refund policy, for any reason.
16. Remedies for Breach of Terms and Conditions. If H1 Base determines in its sole discretion, that you have breached the Terms and Conditions of this Agreement, H1 Base reserves the right to:
(a) warn you via e-mail that you have violated the Terms and Conditions of this Agreement;
(b) delete any and all content provided by you or your agent(s) to H1 Base.com's member services;
(c) discontinue your registration with H1 Base's member services and/or any other H1 Base.com community;
(d) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
(e) any other action that H1 Base.com deems appropriate.
17. Termination. H1 Base reserves the right, at its sole discretion, to immediately, without notice to suspend or terminate (a) the Terms and Conditions of this Agreement; (b) your registration with or ability to access H1 Base.com's member services and/or any other service provided to you by H1 base.com including any email account upon any breach by you of the Terms and Conditions of this Agreement.
18. Membership Subscription Services and Auto-Renewal Policy. As advertised and as stated on our website and in our terms and conditions: during the period of September 7th, 2010 through October 14th, 2010 (inclusive), all services purchased on or during the period between September 7th to October 14th, 2010 (inclusive) are monthly subscription based / membership services that will automatically extend and renew at the original service price to ensure continuation of service without interruption. By purchasing a subscription based service you agree and authorize H1 Base Incorporated to charge a monthly service payment and you agree to pay the applicable service payment. To cancel a subscription service and avoid monthly subscription payments, you must cancel your service 'before' the next months renewal date by sending an email to billing[at]h1base.com, including your registered H1Base account email address. Services cancelled 'after' the monthly renewal date will be automatically charged and services will continue to made available for use through the end of the paid months term. Services will continue to automatically renew each month until cancelled, without refund. All services purchased before September 7th, 2010 are one-time payments only and will Not be auto-renewed and the above policy is not applicable. H2B job search services purchased on or after September 7th, 2010 continue to be membership subscription services in accordance with the auto-renewal policy stated above and the above terms remain applicable and enforced.
19. PowerSearch, Announce Premium and ProELITE Premium Plus services are single user account services only. Sharing of an account or service, or unauthorized use by anyone except the registered account holder is Not authorized and is fraudulent. Fruadulent, unauthorized or illegal use of an account or service will result in immediate termination of the account / service with No refund. H1 Base reserves the right to pursue legal action against the account holder for fraudulent, unauthorized or illegal use of any account or service.
ALL services purchased AFTER October 14th, 2010 are one-time payments only.
If you have questions or need clarification relating to anything (without limitation) about the above policies in Section 18, and/or any other terms and conditions in this agreement, please contact H1 Base Support Department before you make a purchase.
Legal Disclaimer: by using any service on or provided by H1 Base site, you agree to ALL of the following:
-No attorney-client relationship is established between you and any responding lawyer on H1 Base
-Lawyer and expert responses on H1 Base are for educational purposes only, and are not legal advice
-Requesting a phone consultation or assessment service does not establish an attorney-client relationship, and is not legal advice
-I do not become a client of the law firm merely by having a consultation, and no client relationship is established
-I will not rely on the information provided on H1 Base or by any expert through any service on this site, and will engage my own attorney if I require legal advice for my specific situation
H1Base.com and all information and services offered are for informational and educational purposes only, and is not legal advice. H1 Base is not a lawyer referral service, and no attorney-client or confidential relationship is or should be formed by use of the site. The attorney listings on H1Base.com are informational only and do not in any way constitute a referral or endorsement by H1Base.com or any approved or authorized lawyer referral service.
Users of the Site, not H1 Base, provide the content in questions, answers, requests for information, requests for services, assessments, evaluations, quotes, bids, responses, profiles, signatures, qualifications, comments, and posts in any Service or Forum and other places where Users communicate on the Site ("Posts" or Questions or Assessments). Experts are not always employees or agents of H1 Base.
H1 Base is not involved in the conversation between Customers and Experts and does not refer Customers to or endorse or recommend particular Experts. You acknowledge that H1 Base cannot and does not edit, modify, filter, screen, monitor, endorse or guarantee the content of Posts. Accordingly, H1 Base is not liable for any acts or omissions of Experts, content in Posts, the ability of Experts to answer questions or the ability of Customers to pay for answers. We cannot ensure that a Customer or Expert will complete a transaction. Notwithstanding the foregoing, H1 Base reserves the right, but is not obligated, to refuse to post or to remove any content.
EMERGENCY QUESTIONS AND CRISIS SITUATIONS (particularly regarding Immigration issues) should be directed immediately by telephone or in-person to the appropriate Governmental department or to licensed and qualified professionals. The Site is not the appropriate venue to deal with such situations.
H1 Base is a Neutral Venue.
Our site acts as a venue where users can meet and receive helpful answers and/or service information quotes. We are not involved in the any transaction of providing services between users and experts. As a result, we have no control over the quality, safety, or legal aspects of any transactions that take place through use of our website. H1 Base does not prequalify or validate the claims of experts including with respect to their licensure, insurance and registration. We and our website function solely as a neutral venue and digital clearinghouse where two parties may agree on a price for a particular type of service. We are the neutral venue for this connection between you and other members. We do not provide any endorsement for you or your services, you acknowledge and agree that we do not provide the services and we are not in any way responsible for assisting you in any manner with your provision of the services. We cannot and will not guarantee the ability of members to complete payment for any of the offered or provided services, or the ability of experts to provide and complete services. Furthermore, due to the difficulty of authentication, especially on the Internet, we cannot and will not in any manner verify or confirm the identity or ability of members to pay for the provided services, or experts to provide the services as quoted. You acknowledge and agree that any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to the services are not provided by us and are specifically and solely between you and the other member. Because we are not involved in the actual transaction between users and experts, we have no control over the accuracy of listings, the ability of experts to provide a service. We cannot ensure that a user or expert will actually complete a service.
Posts Not Private or Confidential; Anonymity
The Site is an Internet-based venue. Information submitted in the content of your questions, answers, requests for information, responses, profiles, signatures, qualifications, comments, and posts in the Expert Service and other places where Users communicate on the Site is not private or confidential and may be read, collected, and used by others. To better protect your privacy, use an anonymous user name and do not include information regarding your identity or contact information in your Posts.
No Reliance on Term "Expert"; Verification
H1 Base may contract with third-party services in some instances to help verify certain of the credentials of Experts in some but not all of the categories. The results are only as accurate as the information provided to and by the third-party verification services, as of the time of the providing of information to and by the third-party verification services. User verification on the Internet is difficult; H1 Base makes efforts to verify, but cannot warrant or guarantee, a User's purported identity. For these reasons, H1 Base cannot and does not represent, warrant or guarantee the truthfulness or accuracy of the credentials or identities of and provided by Users including Experts.
Throughout this Site, certain terms including "Expert", "Specialist", "Consultant" Professional or "Advisor" may be used to refer to Users who answer questions on the site. Use of these terms provides no assurance that the person answering your question has any expertise or qualifications relating to the particular category or to give such response. Information provided about Experts is provided by those Experts and not verified by H1 Base, with the limited exceptions noted above.
H1 Base will not be liable for any loss or damage caused by your reliance on any information or content contained in Posts.
Information Not Advice; No Client-Professional Relationship
Answers on this Site are to be used for general information purposes only, not as a substitute for in-person evaluation or specific professional (legal, employment, relocation etc.) advice. The laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question may differ depending on your location, situation and information typically discovered through in-person evaluations or visits. Experts in some categories may be licensed, certified, educated, employed by or have experience in only particular jurisdictions.
Communications on this site do not create client-professional relationships and are not the subject of any associated privileges or confidentiality protections. Communications on this Site are limited, do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in-person evaluations and visits.
User Accounts; Restricted Activities; Suspension or Termination of Service
When you register as a User on the Site, you will establish a user name and password for access to your online account. You are responsible for maintaining the confidentiality of your user name, password and account data, may not share this information or your account with anyone else, and will be solely responsible for all acts or omissions that occur under your account. You will immediately notify H1 Base of any unauthorized use of your password or account. You should only create one account on the Site. If any H1 Base account of yours has been suspended or terminated, you may not open another account on the Site.
You agree to keep your contact and billing information (including but not limited to email address) up-to-date, and to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for active H1 Base accounts.
Any content you provide on the Site and your use of our Site shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party's proprietary rights or rights of publicity or privacy or use any copyrighted material); (c) be illegal or violate any federal, state or local law, statute, ordinance, regulation or ethical code; (d) be competitive with H1 Base or the Site (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted with "Mature Audiences Only" in the listing title and appropriate notices to prevent unauthorized underage viewing and shall be distributed only to people legally permitted to receive such content; (g) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or (i) link directly or indirectly to or include descriptions of goods or services that are prohibited under the Terms; or you do not have a right to link to or include. You may not consummate any transaction that was initiated using our Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of our system or the content on the Site without H1 Base prior written consent.
You are prohibited from soliciting Users of this Site, including Experts, for any purpose (including inviting other Users to contact you off of the Site or inviting Users to participate in a website that competes with H1 Base or the Site or charges money to receive answers or to communicate with purported Experts or specialists).
If you wish to terminate your service, you may do so by furnishing us with written notice of your decision. Your notification must be sent via e-mail to support@H1 Base.com. Cancellations will be effective within 7 business days. All debts and fees must be paid before cancellation can take effect. Termination of your account does not affect your liability or obligations under the Terms.
At any time, without notice, for any or no reason, H1 Base reserves the right to refuse service to anyone, to modify or discontinue any portion or all of the Service, and to suspend or terminate Users accounts.
Fees, Rewards and Refunds
A portion of the payment price will go to H1 Base for the use of its Site. The rest will go to the Expert whose answer you accepted.
To honor the time Experts spend helping you, you are required to accept an answer (and pay the reward amount you offered) if you receive a helpful answer. If you do not like an answer for any reason, your sole remedy is to disregard the answer and not accept it.
A payment (Expert Reward) is required before you may view the answer to a question you have posted. Deposits are fully refundable at the present time, but H1 Base reserves the right to change this policy upon thirty (30) days prior notice by email to the email address on file with H1 Base or by posting the revised terms in a revised Terms of Service. You may request refunds by emailing finance[at]H1 Base.com. Once you've accepted an answer, however, you have no right to a refund, for any reason.
H1 Base maintains the right to initiate special incentive and pricing programs. These may be limited, at H1 Base sole discretion, to defined and limited Users or non-Users.
Receipt of Special Offers and Other Communications
Disputes between you and H1 Base regarding users and/or service providers should be reported to H1 Base. We will attempt to resolve any disputes you have with us. Because we are a neutral venue (as explained above), we are not responsible for resolving any disputes between you and members regarding services. If you report a dispute to H1 Base, we will make every effort to help both parties communicate; however, all disputes must be resolved directly between you and members. Therefore, if we are contacted by a member who claims to have a dispute with you regarding the services and they request your contact information (including but not limited to any of your provided phone numbers and/or addresses) to settle the dispute, You expressly authorize us to release your provided contact information to the customer and you agree to release us from any and all liability associated therewith. We encourage you to report all member-to-member disputes to law enforcement officials or a certified mediation or arbitration entity. We do not specifically endorse any such third party mediation or arbitration entity. When appropriate, we also encourage you to report disputes involving fraud, theft, or other criminal activity to the appropriate law enforcement agencies
Users are responsible for their acts and omissions and content placed on the Site. Because the H1 Base Site is a venue, in the event that you have a dispute with one or more Users, you release H1 Base (and our officers, directors, agents, parents, subsidiaries, joint ventures, owner company, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Should you have a dispute with one or more H1 Base 3rd party service providers, you release H1 Base, Inc., its officers, parents, subsidiaries, owners, directors, agents, and employees from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
You hereby agree and acknowledge that your execution of this Agreement, your provision of services and/or your use of the H1 Base website, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or service-service provider relationship with us and furthermore that no affiliation, association or connection exists between you and us.
Experts are fully responsible for collecting and remitting any and all taxes associated with the transactions or use of this site.
Proprietary Rights of Content
You acknowledge and agree that H1 Base owns the rights to its website H1 Base.com and all of the non-third-party content displayed on the Site. You acknowledge that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by H1 Base, H1 Base Users, or H1 Base Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, including code and software for commercial purposes. For permission to use third-party materials appearing on the Site, please contact the copyright owner. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
You agree that Posts on the site, or materials or ideas submitted on the Site or to the Site administrator or any employee, officer or agent of H1 Base, will not be considered confidential and may be used by H1 Base, in its sole discretion, without any obligation to compensate for use of or to return any submitted materials.
You grant to H1 Base a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights, including the right to use, reproduce, display, edit, copy, modify, transmit, publicly perform or create derivative works thereof, that you have in your Posts, in any media now known or not currently known, with respect to any such Posts.
No Endorsement of Non-H1 Base Entity; No Relationship with Users
H1 Base may endeavor to offer to its Users products and services offered by non-H1 Base entities. Placement of information, logos, links or names of such non-H1 Base entities on the Site does not constitute an endorsement or warranty of these entities, their products or services. Users take full responsibility for a decision to visit or patronize any such entity and hold H1 Base harmless from any liability arising from such actions. You further acknowledge that no relationship (such as partnership, agent, joint venturer, or employee) is created between you and H1 Base or between any User (including Customers and Experts) and H1 Base by formation of this Agreement (or any of the Related Agreements) or by your participation on the site. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ANSWER OR OTHER CONTENT AVAILABLE THROUGH THE SITE, FROM THIRD PARTIES OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ANSWER, PRODUCT, SERVICE, OR OTHER CONTENT.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service.
Information Control and Storage
We do not control the information provided by Users, which you may find to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. There are also risks of dealing with underage persons or people acting under false pretenses. Additionally, there may be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and that H1 Base is not responsible for the acts or omissions of Users on the Site.
The amount of storage space per User is currently limited. You agree that H1 Base is not responsible or liable for the deletion or failure to store content and/or other information.
Exclusion of Warranties
H1 BASE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. H1 BASE DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. H1 BASE DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICE, FROM THIRD PARTIES OR A LINKED SITE WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND REPRESENTATIONS, H1 BASE LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
UNDER NO CIRCUMSTANCES WILL H1 BASE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, FROM THIRD PARTIES (SUCH AS EXPERTS OR OTHERS) OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SITE. USE OF THIS SITE IS AT USERS SOLE RISK.
Limitation of Liabilities
IN NO EVENT SHALL H1 BASE, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, PROFITS, DATA, USE, REVENUE OR OTHER ECONOMIC ADVANTAGE), ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THE TERMS BASED ON ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. IN NO EVENT WILL OUR LIABILITY, AND THE LIABILITY OF OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO H1 BASE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You and H1 Base agree that any cause of action arising out of or related to this Service must commence within six (6) months after the cause of action arose (except for causes of action arising out of Users responsibilities in the Indemnification section below); otherwise, such cause of action is permanently barred.
In no event shall we, our employees, or our service members be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our website, our services or this agreement however arising, including negligence. Our liability, and that of our employees and suppliers, to you or any third parties in any circumstance is limited to the greater of the amount of fees you pay to us in the 12 months prior to the action giving rise to liability, and $100.
You agree to indemnify, defend and hold H1 Base, any and all parent, subsidiary, or affiliate organizations, owners, officers, agents and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party that are in any way due to or arising out of your use of or conduct on the Service. To the extent any such claim is brought to H1 Base attention and not to your attention, H1 Base shall provide you reasonable notice of such claim. H1 Base shall be entitled to participate in the defense of such claim.
You agree to indemnify and hold us and our officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your negligence, breach of this Agreement, or violation of any law or the rights of a third party.
Press Releases and Third-Party Press About H1 Base
The Site may contain press releases and other information about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us. Likewise, third-party press about H1 Base or the Site should not be relied upon as being provided or endorsed by H1 Base.
Choice of Law and Forum
CHOICE OF LAW.
The Terms shall be governed by, and construed in accordance with the laws of the County of Pinellas in the State of Florida, USA, without regard to its conflicts of law provisions.
DISPUTES; DISPUTE RESOLUTION.
All disputes, claims and controversies, of any sort or nature, between the parties, arising out of the use of the Site ("Dispute"), shall be resolved solely pursuant to the following procedure: (1) notification to the other party of the facts of the Dispute, the legal basis for the Dispute, and all damages claimed, in writing delivered to (a) the users email address on file with H1 Base, or (b) H1 Base, 111 2nd Ave NE, Suite 306, St Petersburg, Florida 33701 or legal@H1 Base.com, whichever is applicable ("Dispute Notification"); (2) allowance of thirty (30) days from receipt of the Dispute Notification to receive a response to and/or offer to remedy the Dispute; (3) if the Dispute remains unresolved within those thirty (30) days, the filing of a Request for Online Mediation for Small Claims with the American Arbitration Association ("AAA") (or Request for Mediation for the minimum of 4 hours only if the Small Claims limit is exceeded), available online at http://www.aaamediation.com/, with good faith efforts being made to resolve the Dispute during mediation, and the cost of the mediation being born equally by the parties, which cost is currently set at $50 but may be changed by AAA; (4) if the mediation does not resolve the Dispute, submission of a Demand for Arbitration with the AAA, see http://www.adr.org/fileacase, in which case the Dispute shall be resolved by binding arbitration, with the cost of the arbitration to be born equally by the parties, unless otherwise ordered by the arbitrator(s), and with the decision of the arbitrator(s) to be enforceable in any court of competent jurisdiction.
Any legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by H1 Base to collect our fees and/or recover damages for, or obtain an injunction relating to, the H1 Base site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in Pinellas County, Florida, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
NO CLASS CLAIMS; WAIVER.
The parties expressly agree that there shall be no class claims, consolidation or joinder allowed in any dispute between the parties, and that no claim may be made through an action purporting to represent a class of site users or otherwise asserting claims on behalf of a class ("Waiver"). In the event this Waiver is found to be unenforceable, step (4) of the Dispute resolution process, requiring arbitration, shall be voided in its entirety, and the parties may file a complaint in the Pinellas County, Florida courts and agree to waive any and all jurisdictional, venue or inconvenient forum objections.
You may not assign the Terms to any other party. H1 Base shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by H1 Base. No delay or omission on the part of H1 Base in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.
Protection of Intellectual Property Content.
The H1 Base website contains copyrighted material, inventions, know how, potential patentable business method material, design logos, phrases, names, logos or Code ("Intellectual Property Content") all of which, unless otherwise indicated and/or provided pursuant to a third party license, are our sole property and we retain all appurtenant rights, interests and title thereto. We also claim ownership rights under the copyright and trademark laws with regard to the "look", "feel", "appearance" and "graphic function" of this website including but not limited to its color combinations, sounds, layouts and designs. You agree and acknowledge that your use of this website does not confer upon you any license or permission to use our (or any third party's) Intellectual Property Content. You shall not reproduce, modify, display, sell, or distribute the Intellectual Property Content, or use it in any other way for public or commercial purpose. All other trademarks, service marks and copyrights are held by their rightful owners.
GENERAL SITE DISCLAIMER
Visitors are cautioned that legal information posted on the Internet is always generalized and should not be used as the basis for making decisions about any particular set of facts. Most laws, including Immigration and employment law is extremely complex. Decisions based on incomplete or inaccurate information may lead to serious adverse results, such as, but not limited to; deportation, lengthy delays, or loss of immigration status. Persons needing immigration help often fall prey to non lawyers engaged in the unauthorized practice of law, who lack the knowledge and training to properly evaluate all factors in a case. If you need immigration assistance, please consult a lawyer who has solid experience in immigration law. This advice may be extremely important for you and your family. We urge you to take it seriously.
This site and information and services and the materials contained therein are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. H1 BASE disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. H1 BASE does not represent or warrant that materials and information on any part of this site are accurate, complete, reliable, current, or error-free. H1 BASE does not represent or warrant that this site or its server(s) are free of viruses or other harmful components. The documents or related graphics published on this server could include technical inaccuracies or typographical errors.
Changes are periodically added to the information herein. H1 BASE and its vendors and/or suppliers may make improvements and/or changes in the services, documents and/or graphics described herein at any time. H1 Base is not a law firm and does not offer or provide legal advice or legal immigration visa application and filing services. All discussion, chat, communication, referrals, service quotes, visa filing referral, articles, information and/or materials are offered for information purposes only and at your own risk. The laws of each state differ and change frequently. Do not act or rely upon any of the information, discussion, chat, articles, resources available in or from H1 BASE without seeking professional advice from a 'registered' attorney/lawyer that you may choose to consult.
The transmission of any and all information from H1 BASE to you is not intended to create nor does it create an attorney-client relationship between H1 BASE, its employees or agents and you, nor does it constitute legal advice. Any communications between you and an attorney through H1 BASE is NOT privileged or confidential. Any lawyer you may chat with on the site or are refrred to via the site may not be authorized to practice law in your jurisdiction. Although you are under no obligation to do so, you may choose to enter into an attorney-client relationship with a lawyer or service company referred by H1 BASE subsequent to visiting the site. This relationship, if formed, will be governed by the laws and ethical rules of the relevant jurisdiction to which that lawyer is subject. Your relationship with that lawyer or company may also be governed in part by any agreement you may enter into with that lawyer or company.
Nothing included in H1 Base site should be construed as creating an attorney-client relationship between participants in these discussions and H1 BASE (and/or attorneys who post on this site), nor should anything in these discussions be deemed the provision of legal advice or a legal opinion. Use of the site and participation in the discussion contained herein is not confidential or privileged and any material submitted or comments made should not be deemed to be confidential or privileged. Users of H1 BASEs site rely on information on the page at their own risk. The information on the site is not intended to substitute for a consultation with a lawyer. Please use common courtesy, and refrain from using foul language. Posters of inappropriate messages will be barred from the discussion board. Do not act or rely upon any of the discussion, chat, articles, resources and/or information available in or from H1 BASE without seeking professional advice from a 'registered' attorney/lawyer that you may choose to consult.
The transmission of any and all information from H1 BASE to you is not intended to create nor does it create an attorney-client relationship between H1 BASE, its employees or agents and you, nor does it constitute legal advice.
The resources that can be accessed with hypertext links from H1 BASE are not maintained by H1 BASE. H1 BASE is not responsible for the contents of any such resources. The rules, regulations, and statutory references to legal and ethical requirements at H1 BASE are subject to revision and interpretation. Unless otherwise noted, we make no representation, warranty or claim that the information available here is current or accurate. You should contact your state or local bar for guidance on their current requirements.
H1 BASE is not responsible for any errors or omissions in the resources or information available at or from H1 BASE. Reference at H1 BASE to any specific commercial product, process, or service by trade name, trademark, manufacturer, otherwise, does not constitute or imply its endorsement or recommendation by H1 BASE. Your issue may involve certain deadlines and/or time related obligations. Do not rely on this communication, or any communication on this site to toll, stay or otherwise impact on any of the time considerations and/or statute of limitations that may be applicable.
This site and the materials contained therein are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. H1 BASE disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. H1 BASE does not represent or warrant that materials in this site are accurate, complete, reliable, current, or error-free. H1 BASE does not represent or warrant that this site or its server(s) are free of viruses or other harmful components. The documents or related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. H1 BASE may make improvements and/or changes in the site, documents and/or services described herein at any time.
If you have any questions relating to the Sites Terms and Conditions Agreement, please contact support[at]H1 Base.com