THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND BOUNDLESS, AND BOTH YOU AND BOUNDLESS WAIVE THE RIGHT TO A JURY TRIAL OR CLASS ACTION. PLEASE READ SECTION 14 CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND REMEDIES AND WILL HAVE A SUBSTANTIAL EFFECT ON HOW DISPUTES BETWEEN YOU AND BOUNDLESS WILL BE RESOLVED.
The summaries of provisions under “More simply” are provided as a courtesy to help you understand this Agreement, but they are not legally binding and do not modify this Agreement in any way.
1. Scope of Agreement
If you use the Boundless website or services, you are agreeing to these terms. If you don’t agree to the terms, or if you are under 18 years of age, you may not use the website or services.
2. Description of Services; No Affiliation with USCIS
Boundless is a platform designed to assist you in completing United States Citizenship and Immigration Services (USCIS) forms as well as forms required by other governmental agencies. Boundless provides information and step-by-step instructions intended to make the completion of such forms less confusing. Boundless is not affiliated with or endorsed by USCIS or any United States government agency. All USCIS and other forms are available without cost from USCIS and other applicable agencies. Use of the Boundless Site and Services is not required to complete and file such forms.
United States Citizenship and Immigration Services (USCIS) is the government agency that oversees many U.S. immigration benefits. USCIS provides immigration forms for free. Boundless is a private company and has no affiliation with USCIS. You are not required to use Boundless to complete USCIS forms.
3. Boundless is Not a Law Firm and Does Not Provide Legal Advice
BOUNDLESS IS NOT A LAW FIRM AND IS NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY AND ITS SERVICES SHOULD NOT BE CONFUSED WITH LEGAL ADVICE. YOUR AGREEMENT TO THE TERMS OF THIS AGREEMENT AND YOUR ACCESS AND USE OF THE BOUNDLESS SITE AND SERVICES DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND BOUNDLESS. IF YOU PURCHASE SERVICES THAT INCLUDE INDEPENDENT ATTORNEY REVIEW, YOUR RELATIONSHIP WITH THE INDEPENDENT ATTORNEY WILL BE GOVERNED BY THE ATTORNEY AGREEMENT. IF YOU HAVE QUESTIONS REGARDING LEGAL MATTERS OR NEED LEGAL ADVICE YOU ARE ADVISED TO CONSULT A LICENSED ATTORNEY.
Boundless provides information and assistance in completing USCIS forms. However, Boundless is not a law firm and by purchasing services, you are not engaging an attorney. Boundless cannot, and does not, provide legal advice to you. Depending on your particular circumstances, you may require the services of a licensed attorney, and Boundless is not a substitute for the advice of a licensed attorney.
4. Accounts and Information
4.1. Your Boundless Account. In order to access and use some aspects of the Site and Services, you will be required to create an account and establish a username and password. If you create a Boundless Account, you agree to submit only accurate information about yourself and to keep the information you submit up-to-date. You agree not to impersonate anyone else. You are responsible for maintaining the security and confidentiality of your username and password, and you agree not to authorize anyone else to use your username and password. You are solely responsible for all actions taken under your account. You agree to notify Boundless promptly in the event you learn of any unauthorized use of your account. By creating an account, you agree that you may receive electronic communications from Boundless and its affiliates, including offers, newsletters, account notices and updates. If at any time you no longer wish to receive such electronic communications, you may opt-out by clicking the designated link in the communication.
4.2. Your Application. If you purchase a service from us and file an application, we may assign a unique email address to your account for the sole purpose of enabling Boundless to receive directly from USCIS the receipt number assigned to your application. You agree that Boundless may use your receipt number to check your application status from time to time so that we may provide you pertinent general information about the steps in the application process. If, at any time, you do not want Boundless to retain your receipt number or to check your application status, let us know by contacting our customer service department at firstname.lastname@example.org.
You may need to create an account with Boundless. If you do, you will only provide accurate information about yourself. You agree not to share your account access credentials with others, and will be responsible for anyone’s use of your account. When you create an account, you give us permission to receive your government receipt number, use that number to check your application status, and email you with offers, newsletters, and general information about the application process. If you don’t want us to retain your government receipt number or check your application status, email us at email@example.com. If you don’t want us to email you with offers and newsletters, you can unsubscribe using the link in any email we send to you.
5. Access to and Use of Site and Services
5.1. License Grant to You. 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 Site and Services solely in the manner authorized and intended by Boundless. Any rights not expressly granted in this Agreement are expressly reserved by Boundless. The resale or distribution of materials made available on the Site without the express, written consent of Boundless is prohibited. All such materials are authorized only for your own personal use.
We are granting you permission to use our website and services, but only in the ways described in this agreement. You can’t transfer this permission to others. You can’t sell or give the information or content we provide to you to others.
5.2. Restrictions on Your Access To and Use of Site and Services
In connection with your access to or use of the Site or Services, 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 Site, 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 Site or any activity being conducted on the Site;
- attempting to probe, scan or test the vulnerability of a Boundless system or network 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 Site or through the Service, 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 Boundless software, Boundless Content or User Content that is not your own;
- distributing viruses, malicious code, malware or any other technologies that may harm Boundless, the Site, the Services or a user;
- violating or circumventing any applicable laws, regulations or Boundless technical measures, security measures or policies;
- violating, infringing, or breaching the rights of Boundless 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 Site or through the Services any false, inaccurate, misleading, deceptive, defamatory, or libelous materials or User Content; or
- knowingly withholding or failing to disclose information requested by Boundless 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 Boundless 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 Boundless 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. Boundless 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.
Even though we are giving you permission to use our website and services, there are a number of things you are not allowed to do. These include things such gaining access through certain prohibited means, interfering with other users, breaking the law, or introducing viruses into our website and systems. If you do some of these things, we may inform authorities, and you may incur legal liability.
5.3. License Grant by You. When you transmit any information, content, materials or data to or through the Site or Services, other than information, content, materials or data submitted for the purpose of creating your account or for preparing applications and/or forms (“User Content”), you hereby grant Boundless and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content, including throughout the world in any media. Boundless shall have no obligation to: (a) maintain any User Content you submit; (b) pay you any compensation of any kind for any User Content; or (c) respond to any User Content you submit. You represent and warrant that you own or have obtained all necessary rights and/or licenses to User Content that you submit, and that Boundless’ use of such User Content does not violate or infringe upon the rights of any person or entity.
Some of the services we offer require you to provide us information. We may also allow you to publish information or materials on our website at your option. If you provide us information or materials, you grant us the right to use and process the information without any further permission from you and without compensation to you. You acknowledge that you own or have the right to provide us with any information you submit.
6. Service Fees
6.1. Service Fees. While Boundless makes a large amount of information available without cost, it charges fees for some of its services (“Service Fees”). All Service Fees will be set forth on the Site. USCIS and other agencies charge fees for the filing and processing of various government forms (“Government Fees”). Government Fees are separate from our Service Fees and must be paid to the applicable government agency at the time of filing. Unless we indicate otherwise, you remain responsible for paying Government Fees directly to the applicable government agency.
We charge fees for some services. Those fees will be listed on our website. Our fees do not include separate fees charged by USCIS or other government agencies, which we will clearly communicate to you.
6.2. Payment of Service Fees. When you purchase services for which Service Fees apply, you will be required to provide Boundless with valid, up-to-date credit card or other payment information. You authorize Boundless to charge your credit card or other payment method for all Service Fees you incur as they become due and payable. You are responsible for maintaining up-to-date payment information. If we cannot charge you for Service Fees when due because your payment information is incorrect or no longer valid, or if we do not receive your payment when due, Boundless will have no obligation to provide the services associated with those Service Fees.
To pay for our services, you’ll need to use a credit card or other approved method of payment. We require accurate information about your payment method in order to process payment. If we can’t process your payment, we don’t have to provide services to you.
6.3. Refunds/Credits. Please refer to our 30-Day 100% Satisfaction Guarantee for our refund policy. The determination of whether to issue a refund or credit more than 30 days after your purchase of services, other than a refund due to a billing error by Boundless, shall be made in Boundless’ sole discretion, in good faith, and we reserve the right to deny a request a refund or credit.
In the unlikely event you’re not happy with our services, please contact us. We’ll try to resolve the issue and we may provide a refund or issue a credit if appropriate.
7. Ownership and Intellectual Property Rights
All materials, including text, images, videos, illustrations, designs, icons, photographs, software, programs and written and other materials that are part of the Site or accessible through the Services, other than User Content (collectively, “Boundless Content”), is the property of Boundless or its licensors. Boundless Content is intended solely for personal, non-commercial use. No right, title or interest in any Boundless Content is transferred to you by way of this Agreement or otherwise. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Boundless Content, the Site or any related software. BOUNDLESS and the Boundless Logo are trademarks of Boundless Immigration Inc.
Our website (including software underlying the website) and its contents are owned by Boundless or others who have given Boundless permission to use the contents. While we are giving you permission to use our website, we are not transferring any ownership of the website or its contents to you. You are not allowed to make copies of our website or its contents.
8. Copyright Infringement (Digital Millennium Copyright Act)
Boundless respects the intellectual property of others. We strive to respond promptly to proper notices of copyright infringement by removing or disabling access to allegedly infringing material. It is Boundless’ policy to terminate the access privileges of those who repeatedly infringe the copyrights of others.
Submitting a Copyright Infringement Notification. If you believe that any material appears on the Site in a way that infringes the copyright in a work owned by you, please send a notification containing the following information to Boundless’ Copyright Agent:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the work in which you hold a copyright interest which you believe is being infringed;
- a description of the location on this website where the allegedly infringing material is located (preferably including a URL address);
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Boundless’ Copyright Agent can be reached at the following address:
Boundless Immigration, Inc.
Attn: Copyright Agent
300 Lenora St., #521
Seattle, WA 98121
When Boundless removes material or disables access to material in response to an infringement notification, Boundless will make a reasonable attempt to contact the allegedly infringing party, provide information about the notification and removal, and provide information about submitting a counter-notification. Boundless may also provide a copy of the infringement notification to the allegedly infringing party.
Submitting a Counter-Notification. If you believe that any material identified in a copyright infringement notification is not infringing, or that you have the authorization from the copyright owner, from the copyright owner’s agent, or pursuant to the law, to post and use the material complained of, you may send a counter-notification containing the following information to Boundless’ Copyright Agent (identified above):
- your physical or electronic signature;
- identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or disabled;
- a statement that you have a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
- your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in the Western District of Washington, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If Boundless receives a counter-notification, we may send a copy of the counter-notification to the original complaining party informing that person that we may replace the removed material or cease disabling it in 10 business days. Unless the original complaining party files an action seeking a court order against the person who provided the allegedly infringing material, the removed material may be replaced, or access to it restored, 14 business days or more after receipt of the counter-notification, at Boundless’ sole discretion.
The Digital Millennium Copyright Act (“DMCA”) is a U.S. law that provides a method for copyright owners to object to unauthorized use of their materials by others, including website operators such as Boundless. If you think material owned by you and protected under copyright laws is being used by Boundless without your authorization, you can follow the steps outlined above to notify us.
9. Third Parties; Third Party Content and Services
References on the Site to any third parties, including persons or companies, and to any products or services of such third parties, are provided solely as a convenience to you. Boundless does not endorse, recommend, approve of or make any representations or warranties regarding any third parties or their products or services. Without limiting the foregoing, Boundless is not a lawyer referral service, and makes no representations or warranties regarding any law firms or attorneys that may be referenced on the Site, including whether any such law firm or attorney is licensed, qualified, competent or otherwise capable of providing adequate legal advice regarding your specific legal issues. Boundless may provide links to third-party websites. Boundless is not responsible for the content of any third-party websites and does not make any representations regarding the content or accuracy of material on such websites. If you decide to follow a link to any third-party website, you do so entirely at your own risk.
We may reference other people or companies on our website, including attorneys or law firms, and we may provide links to other websites, including law firm websites. However, by doing so, we’re not stating our approval of those other people, companies or websites, nor are we making any promises about them. We are not a lawyer referral service. If you visit a website we link to, we are not responsible for anything that occurs with respect to your access or use of that website.
10. Disclaimer of Warranty
THE SITE AND THE SERVICES ARE PROVIDED BY BOUNDLESS ON AN “AS IS” AND “AS AVAILABLE” BASIS. BOUNDLESS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE, SERVICES, OR INFORMATION, CONTENT, OR MATERIALS OFFERED ON THE SITE OR THROUGH THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BOUNDLESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. BOUNDLESS DOES NOT WARRANT THAT THE SITE OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT, AND YOU ACKNOWLEDGE THAT BOUNDLESS WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITH YOU WITHOUT YOUR AGREEMENT TO THE TERMS OF THIS DISCLAIMER. THIS DISCLAIMER OF WARRANTY DOES NOT APPLY TO THE PURCHASE OF SERVICES BY NORTH CAROLINA CONSUMERS.
We make no promises about the website or services we provide, and do not guarantee that our services are right for you. You are responsible for determining whether or not you should use our website or services. While we strive to provide accurate information, we can’t guarantee that our information will always be up to date or error-free. If you do use our website or services, you do so at your own risk.
11. Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL BOUNDLESS, 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 SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF BOUNDLESS, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. IN NO EVENT WILL BOUNDLESS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.
Our liability to you resulting from your use of our website or services will be limited to the amount of fees you paid to us during the six months immediately before any event that you believe gives rise to our liability.
You agree to defend, indemnify and hold harmless Boundless, 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 Site or Services, or your breach of any applicable law or infringement of the rights of a third party. Boundless 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, Boundless, financial or otherwise, without the written consent of Boundless.
If you use our website or services in a manner that we prohibit, or otherwise breach this Agreement, or you violate applicable laws or the rights of third parties, you will be responsible for covering any expenses we incur (including attorneys’ fees and other legal expenses) as a result of your actions.
This Agreement shall remain in force and effective unless and until terminated as provided in this Section 13. You may terminate this Agreement at any time by providing written notice to Boundless, via email to firstname.lastname@example.org. Except where you terminate this Agreement due to an uncured material breach of this Agreement by Boundless or where you terminate this Agreement pursuant to our Satisfaction Guarantee within 30 days of purchasing Services, Boundless will have no obligation to refund you any Service Fees previously paid to Boundless for the Services. Boundless may terminate this Agreement immediately with or without notice, and/or may deny you access to the Site or Services, in Boundless’ sole discretion, in the event you breach, or threaten to breach, any term of this Agreement. If you have already paid for Services and have been found to be in violation of this Agreement, your account will be deleted without notice and no refund of Service Fees will be made. Unless otherwise agreed to by Boundless in writing, this Agreement shall terminate automatically on that date which is 12 months (or 24 months for petition combos) following the date on which you initially purchased Services and no Service Fees will be refunded.
Upon any termination of this Agreement, you must immediately discontinue use of the Site and Services. Sections 7 and 10-15 shall survive any termination of this Agreement.
Both of us have the right to terminate this Agreement by providing notice to the other. If this Agreement is terminated, you must stop using our website and services.
14. Dispute Resolution by Binding Arbitration
Please read this carefully. It affects your rights.
We believe customer concerns can be resolved quickly by emailing our Customer Care Center at email@example.com. If Boundless is unable to resolve your complaint to your satisfaction (or if we have not been able to resolve a dispute with you after trying to do so informally), we each agree to resolve such disputes through binding arbitration or in small claims court, rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, limits discovery, and is subject to very limited review by courts. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
For any non-frivolous claim that does not exceed $75,000, Boundless will pay all costs of the arbitration. Under certain circumstances as explained below, we will pay you more than the amount of the arbitrator’s award. If you prevail in arbitration, you may recover attorney’s fees from Boundless to the same extent or more as you would in court. The arbitrator shall apply the same limitations period that would apply in court.
14.1. Boundless and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted and include, without limitation:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
- claims that arose before these or any prior Agreement (including, but not limited to, claims relating to advertising);
- claims currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of this Agreement.
For the purposes of this Arbitration Agreement, references to “Boundless,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, business partners, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under this Agreement or any prior agreements between us. Beneficiaries include, but are not limited to, those seeking to change immigration status and any relatives.
Notwithstanding the foregoing, either party may bring an individual action in small claims court or in a court of proper jurisdiction seeking injunctive relief ancillary to arbitration. This Arbitration Agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and Boundless are each waiving the right to a trial by jury or to participate in a class action or class or mass arbitration. This Agreement evidences a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of this Agreement.
14.2. A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to Boundless should be addressed to: Notice of Dispute, Xiao Wang, CEO, Boundless Immigration Inc., 300 Lenora St., #521, Seattle, WA 98121 (the “Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If Boundless and you do not resolve the claim within 30 days after the Notice is received, you or Boundless may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Boundless or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Boundless is entitled.
You may download or copy a form to initiate arbitration from the AAA website, including for California residents, at https://www.adr.org.
14.3. After we receive notice at the Notice Address that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for more than $75,000 (excluding attorney’s fees and expenses). (Currently, the filing fee for consumer-initiated arbitrations is $200, but this is subject to change by the arbitration provider. If you are unable to pay this fee, Boundless will pay it directly after receiving a written request at the Notice Address.) If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Boundless for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. The arbitration will be governed by the Consumer Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide. Unless Boundless and you agree otherwise, any arbitration hearing(s) will take place in the county (or parish) of your contact address. If your claim is for $10,000 or less, you may choose whether to conduct the arbitration solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which Boundless was a party.
14.4. If the arbitrator issues an award in your favor that is greater than the value of our last written settlement offer made before an arbitrator was selected, Boundless will:
- pay you either the amount of the award or $2,000 (“the Alternative Payment”), whichever is greater; and
- pay your attorney, if any, the amount of attorney’s fees, and reimburse any expenses (including expert witness fees and costs), that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration (the “Attorney’s Payment”).
If Boundless did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the Alternative Payment and the Attorney’s Payment, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney’s fees at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. In assessing whether an award that includes attorney’s fees or expenses is greater than the value of our last written settlement offer, the arbitrator shall include in his or her calculations only the value of any attorney’s fees or expenses you reasonably incurred in connection with the arbitration proceeding before our settlement offer.
14.5. The right to attorney’s fees and expenses discussed in paragraph (d) supplements any right to attorney’s fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney’s fees or costs. Although under some laws we may have a right to an award of attorney’s fees and expenses from you if we prevail in an arbitration proceeding, we will not seek such an award.
14.6. YOU AND BOUNDLESS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL, INCLUDING IN ARBITRATION. Unless both you and Boundless agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) may be severed from the arbitration and brought in court.
14.7. If the amount in dispute exceeds $75,000 (excluding attorney’s fees and expenses) either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.
14.8. Notwithstanding any provision in this Agreement or elsewhere to the contrary, Boundless agrees that if we make any changes to this arbitration provision (other than a change to any notice address, website link or telephone number provided herein), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this Agreement, any such termination will not be effective as to this Arbitration Agreement until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.
In the unlikely event you and Boundless get into a dispute that cannot be resolved amicably, we are both agreeing to resolve that dispute through arbitration (or in small claims court where applicable) and we are waiving our rights to have a dispute resolved in a court of law, by a jury, and any right that might otherwise exist to bring or participate in a class action lawsuit.
15. Miscellaneous Terms
15.1. Consent to Electronic Communications. You consent to receive communications from Boundless electronically, and you agree that all agreements, notices, disclosures and other communications that Boundless provides to you electronically, via email, or on the Site, satisfy any legal requirement that such communications or agreements be in writing.
You are agreeing that we can communicate with you electronically.
15.2. Assignment. You may not assign your rights under this Agreement without the prior written permission of Boundless and any attempt by you to do so shall be null and void.
This agreement is between you and Boundless, and you can’t assign your rights under the Agreement to someone else.
15.3. Waiver. The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
If either of us chooses not to take action for a breach of this Agreement by the other, that doesn’t mean that we are waiving our right to take action for a separate breach.
15.4. Severability. 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.
If a court or arbitrator determines that a provision of the Agreement is invalid, that doesn’t affect the other provisions.
15.5. Changes to Agreement. Boundless may make changes to this Agreement at any time. If we make any material changes we will notify you via email if you have created an account (sent to the e-mail address specified in your account) or by posting the revised Agreement on the Site prior to any changes becoming effective. You should review our Agreement each time you access the Site or use the Services. Your continued use of the Site or Services following the posting of any changes or notice to you of the changes constitutes your agreement to such changes.
We might change these terms. If we make material changes, we’ll provide notice before the changes take effect. If you use our website or services after the change takes effect, you are agreeing to the new terms.
15.6. Governing Law. This Agreement will be construed in accordance with and governed exclusively by the laws of the State of Washington applicable to agreements made among Washington residents and to be performed wholly within such jurisdiction, regardless of the parties’ actual domiciles.
The law of Washington state applies to this Agreement.
15.7. Entire Agreement. This Agreement, including all agreements referred to and incorporated herein, sets forth the entire understanding and agreement between you and Boundless, and supersedes any and all other oral or written agreements or understandings between the parties.
This Agreement is the entire agreement between us, and there are no other terms to our agreement other than the terms you see here.