Passport Visa Advisors, LLC acts only as an expediting agent, and has no say in the issuance of a US passport for our clients. Only U.S. Passport Office agents make the final determination when deciding how quickly a US passport will be issued and for its period of validity.
Passport Visa Advisors is not, and shall not be, responsible for the actions and inactions by the U.S. Passport Agency, government, or commercial shipping service (such as USPS, FedEx, UPS, or others). The U.S. Passport Agency reserves the right to prioritize the processing according to the departure date provided by the applicant, may suspend an application pending further review of documents submitted and request for additional documents before determining their decision. Passport Visa Advisors is not responsible for any delays in the processing of your outcome, delays in your travel nor are we responsible if a passport is not issued as anticipated including any monies spent in the pursuit of the passport.
You and Company agree as follows:
- General Information. Company provides visa and passport application, processing, authentication, and other travel-related services.
- Your Obligations and Warranties; Permitted Use
3.1. Company may decline to provide you with any Service, for any reason, in its sole discretion.
3.2. You represent and warrant that you are a United States citizen and you acknowledge that these passport services are offered only to United States citizens.
3.3. You shall strictly comply with any request made by and without limitation, by the U.S. Passport Agency which is communicated either directly to you or via PVA. You acknowledge that, in connection with any Service, such officials may request additional documentation and, in declining to issue your passport, such officials may do so without disclosing their reasoning.
3.4. You shall use the Website only for the purposes expressly set forth on the Website and in this Agreement. Any other use of the Website is prohibited. If there is a conflict between any statement on the Website and any provision of this Agreement, the provision of this Agreement will apply.
3.5. The US Passport Agency will return your passport directly to you. It is your responsibility to review your passport and confirm its content. If your passport has been completed incorrectly, contact PVA immediately. Note that most countries require US passport to be valid for more than six months beyond the date of an international flight.
3.6. Notwithstanding any other provision of this Agreement, You shall not: (a) access or use the Website for any purpose that is unlawful; (b) access or use the Website for any purpose that is not expressly permitted by the Website or this Agreement; (c) access or use the Website in any manner that could damage, disable, overburden, or impair any Company computer system, server, or network; (d) access or use the Website in any manner that interferes with any other person’s access or use of the Website; (e) attempt to gain unauthorized access to the Website, other accounts, or any Company computer system, server, or network; or (f) access or use materials or information through any means not intentionally made available by Company.
3.7. Notwithstanding any other provision of this Agreement, you shall ensure that your use and access of the Website and use of each Service complies with all applicable laws and regulations. You shall ensure that all information provided by you to Company in connection with any Service offered by Company is complete and accurate.
3-8. The Website is not intended to be accessed and used by persons under the age of 18. You represent and warrant that you are at least 18 years of age. If You are not at least 18 years o. age, you shall not access or use the Website.
3.9. You shall not copy, distribute, or display, in any way, any information You find on the Website on any other website or electronic forum without the express written consent of Company. Company is the exclusive owner of the Website.
3.10. If You fail to abide by this Agreement in any way or fail to pay any amount owed to Company when due, Company may prohibit you from accessing or using the Website. No action or omission by Company will be deemed to be a waiver of any right or remedy provided under this Agreement or under applicable law.
- DMCA Notice Procedure.
4.1. Company will respond to allegations of copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”).
4.2. If you believe that your work was copied or posted on the Website in a way that constitutes copyright infringement, please contact our designated agent Marc Gilland
4.3.Your notification of alleged infringement must comply with the provisions of the DMCA and must include the following information: (1) a description of the copyrighted work which You claim has been infringed (if you are not the owner of the work, you must also include your electronic or digital signature as a person authorized to act on behalf of the copyright owner); (2) a description of where the allegedly infringing material is located on the Website; (3) information reasonably sufficient to permit Company to contact you (such as an address, telephone number, and, if available, an email address where you may be reached); (4) a statement that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, its agent, or the law; and (5) a statement by You, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
4.4. Upon receipt of such written notification, conforming to the DMCA and containing the information described in Section 4.3, Company will remove or disable access to the allegedly infringing material, forward the written notification to the alleged infringer, and attempt to promptly notify the alleged infringer that the allegedly infringing material has been removed.
4.5.If allegedly infringing material is removed by Company, the alleged infringer may deliver a counter-notification to Company’s designated agent which complies with the provisions of the DMCA and includes the following information: (1) a physical or electronic signature of the alleged infringer; (2) a description of the of the material that has been removed, or to which access has been disabled, and the location at which the material appeared on the Website before it was removed or access to it was disabled; (3) a statement, under penalty of perjury, that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (4) the alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of United States District Court for the judicial district in which the address is located, or if the alleged infringer’s address is outside of the United States, for any judicial district in which Company may be found, and that the alleged infringer will accept service of process from the person who provided the notification or an agent of such person
4.6. Upon receipt of a counter-notification, conforming to the DMCA and containing the information described in Section 4.5, Company will promptly provide You, the party who delivered the original notification, with a copy of the counter-notification and inform you that it will replace the removed material, or cease disabling access to it, within ten business days. If Company’s designated agent does not receive notice from You that an action has been filed seeking a court order to prohibit the alleged infringer from engaging in the infringing activity complained of in the original notification, Company will replace the removed material, or cease disabling access to it, within ten to fourteen business days after receipt of the counter-notification.
- Third-party Websites, Companies, and Services. Mention of, or linking to, third party websites, governments and governmental agencies, companies, and products on the Website is for informational purposes only and constitutes neither an endorsement nor a recommendation. Certain links on the Website will permit you to leave the Website. The websites linked by the Website are not under the control of Company and Company is not responsible for the content of any linked website.
- Indemnification. You shall defend, indemnify, and hold harmless Company, its officers, directors, employees, and agents, from and against any claims, actions or demands, including, without limitation, all reasonable attorney’s fees and costs, made by any third party due to or resulting from your access or use of the Website or any Service, any breach of this Agreement by You, any false representation made by You in this Agreement, or any breach of a warranty made by You in this Agreement.
- Disclaimers; Limitation of Liability
7.1. THE WEBSITE AND ALL OF ITS CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR OTHERWISE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, PERTAINING TO ALL CONTENT INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7.2. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE MAY CONTAIN LINKS TO OTHER WEBSITES. COMPANY IS NOT RESPONSIBLE FOR THE CONTENT OR PRIVACY POLICIES OF THOSE WEBSITES.
7.3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS ACCESSED AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.
7.4. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE OR THE PRODUCT.
7.5. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING IN ANY WAY FROM ANY CONTENT PROVIDED BY OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR THE ACTIONS OR OMISSIONS OF ANY OTHER PERSON.
7.6. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING IN ANY WAY FROM ANY ACT OR OMISSION BEYOND ITS CONTROL INCLUDING, WITHOUT LIMITATION, ANY ACT OF GOD, WEATHER CONDITION, ACT OF TERRORISM, WAR, STRIKE, CIVIL COMMOTION, OR ACT OR OMISSION OF ANY GOVERNMENTAL AUTHORITY.
7.7. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING IN ANY WAY FROM ANY LOSS OR DELAY OF ANY SHIPMENT ENTRUSTED TO AN OVERNIGHT DELIVERY SERVICE. NOTSTANDING THE FOREGOING, PASSPORT VISA ADVISORS ACCEPTS NO RESPONSIBILITY FOR ANY DELAYS, LOSS OF PASSPORTS OR OTHER MATERIALS OCCASIONED BY SUCH SERVICES OR BY ANY DELIVERY SERVICES SUCH AS FEDEX, UPS, OR THE US POSTAL SERVICE.
7.8. PASSPORT VISA ADVISORS WILL NOT BE RESPONSIBLE IN ANY RESPECT OR FOR ANY AMOUNT FOR LOSS OR DELAY CAUSED BY EVENTS THAT WE CANNOT OR DO NOT CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, WEATHER CONDITIONS, ACTS OF PUBLIC ENEMIES, WAR, STRIKES, CIVIL COMMOTIONS, ACTS OR OMISSIONS OF PUBLIC AUTHORITIES (INCLUDING PASSPORT AND EMBASSY CONSULAR OFFICIALS) OR THE CLIENT’S FAILURE TO CAREFULLY INSPECT THE PASSPORT PRIOR TO TRAVEL OR ANY OTHER FAILURES OR NEGLIGENCE.
7.9. COMPANY’S ENTIRE LIABILITY TO YOU FOR LOSS OR DAMAGE TO A PASSPORT DURING VISA OR PASSPORT PROCESSING SHALL BE LIMITED TO THE LESSER OF: (1) THE ACTUAL REPLACEMENT COST OF THE PASSPORT; OR (2) $200. IN ANY EVENT, COMPANY’S ENTIRE LIABILITY TO YOU UNDER ANY PROVISION OF THIS AGREEMENT OR ARISING FROM THE ACCESS OR USE OF THE WEBSITE BY YOU OR ANY OTHER USER SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO COMPANY (LESS GOVERNMENT FEES) PURSUANT TO THIS AGREEMENT DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
7.10. EACH SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR OTHERWISE. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. PASSPORT VISA ADVISORS WILL NOT BE LIABLE FOR ANY DAMAGES, COSTS AND EXPENSES FROM ANY CAUSE OR FAULT WHATSOEVER, AND INCLUDING BUT NOT LIMITED TO LIABILITY FOR TRAVEL INTERRUPTION, CHANGES IN TRAVEL OR PREVENTION OR LIMITATION OF TRAVEL AND RESULTING COSTS AND EXPENSES, WHETHER SUCH DAMAGES, COSTS OR EXPENSES BE DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, AND INCLUDING BUT NOT LIMITED TO LOSS OF INCOME OR PROFITS, IN EXCESS OF THE PASSPORT VISA ADVISORS PROCESSING FEES PAID BY CUSTOMER FOR PASSPORT PROCESSING, REGARDLESS OF CIRCUMSTANCES, WHETHER OR NOT PASSPORT VISA ADVISORS HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED AND WHETHER OR NOT PASSPORT VISA ADVISORS MAY BE, OR MAY BE RESPONSIBLE FOR, A CONTRIBUTING CAUSE.
- Governing Law. This Agreement is governed and shall be construed by the laws of the Commonwealth of North Carolina, without regard to its conflict of law provisions.
- Choice of Forum. Any party commencing against any other party any legal proceeding (including, without limitation, any tort claim) arising out of, relating to, or concerning this Agreement shall bring that proceeding in the United States District Court of North Carolina and or, in the state courts located in Mecklenburg County, North Carolina. Each party hereby submits to the exclusive jurisdiction of those courts for the purposes of any such proceeding and waives any claim that any legal proceeding (including, without limitation, any tort claim) brought in accordance with this Section 9 has been brought in an inconvenient forum or that the venue of that proceeding is improper
- Attorney’s Fees and Costs. In the event of any litigation arising under this Agreement for from the use or access of the Website by You, the substantially prevailing party shall be entitled to recover from the non-substantially prevailing party all of its costs and reasonable attorney’s fees incurred in such litigation.
- Severability. If any provision of this Agreement is invalidated by a court of competent jurisdiction, then all remaining provisions of this Agreement shall continue unabated and in full force and effect.
- Binding Effect. This Agreement shall be binding upon each of the parties and upon their respective successors and assigns and shall inure to the benefit of each of the parties and to their respective successors and assigns.
- Entire Agreement. This Agreement contains the entire understanding and agreement between the parties as to its subject matter and shall not be modified or superseded except upon the express consent of both parties. This Agreement is not intended to confer upon any person, other than the parties, any rights, or remedies.