Last Updated: July 1, 2020
This Online Services Agreement (“Agreement”) governs the access to and use of the Cobalt Portal as defined below, which is provided and made available via this website by and on behalf Berry Appleman& Leiden LLP (“BAL”).
This is a legal agreement between BAL and you, and if you represent a legal entity, the entity you represent (collectively, “you”), for the use of the Cobalt Portal, BAL’s proprietary immigration case and project management portal. If you are accessing the Cobalt Portal on behalf of a legal entity, you enter into this Agreement on behalf of yourself and that legal entity. This Agreement takes effect when you click on an “I Accept” button or check box presented with this Agreement. By clicking your agreement, you are electronically signing this Agreement on behalf of yourself and, if applicable, the legal entity you represent.
If you do not agree to the terms of this Agreement, do NOT click “I Accept” and you may not use the Cobalt Portal. Please contact BAL immediately if you do NOT accept this Agreement.
BAL reserves the right to update the terms of this Agreement from time to time at its sole discretion. In such case, BAL will post an updated version of this Agreement on this website, and otherwise provide notice to you of such updates. Your use of the Cobalt Portal following such notice is your affirmative act agreeing to the terms of such update.
ARBITRATION NOTICE; CLASS WAIVER; WAIVER OF TRIAL BY JURY. THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND BAL WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
- Service and Grant of Rights.
- Use of the Cobalt Portal. THE COBALT PORTAL IS DESIGNED TO PROVIDE A PORTAL TO COMPILE, UPLOAD, AND SUBMIT NECESSARY INFORMATION, DATA AND DOCUMENTS FOR VISA AND IMMIGRATION CASES FOR WHICH BAL HAS BEEN ENGAGED AND TO TRACK THE STATUS OF SUCH CASES. THE COBALT PORTAL IS THE PRIMARY PLATFORM FOR SUBMISSION OF DOCUMENTS AND DATA TO BAL FOR USE IN IMMIGRATION. CERTAIN INFORMATION MAY BE SUBMITTED OR MAILED OUTSIDE OF THE COBALT PLATFORM IF PREARRANGED WITH YOUR BAL LAWYER.INFORMATION PROVIDED THROUGH THE COBALT PORTAL DOES NOT CONSTITUTE LEGAL ADVICE AND BAL DOES NOT MAKE ANY REPRESENTATION OR GUARANTEE WITH RESPECT TO THE OUTCOME OF ANY VISA OR IMMIGRATION CASE.
- Accuracy of Information. Although BAL strives to make the information available through the Cobalt Portal accurate and up-to-date, government requirements and regulations can change quickly and updates to status may take time to be reflected in the Portal. BAL makes no guarantee of the availability, accuracy,or reliability of the information made available through the Cobalt Portal and BAL may change the information available on or the features and functions of the Cobalt Portal at any time, with or without notice to you. In addition, information received from the Cobalt Portal is necessarily dependent on the information your or any third party provides on your behalf. BAL also has no liability for the accuracy of the information it receives, either from you or any government entity. BAL has no liability for any third-party claims or losses from any damages due to inaccurate information input into or received from the Cobalt Portal. YOU RELY ON THE CASE STATUS UPDATES AND INFORMATION AVAILABLE THROUGH THE COBALT PORTAL AT YOUR OWN RISK.
- Access License. Subject to the terms and conditions of this Agreement, including payment in full of all applicable legal fees pursuant to any engagement or representation letter between you and BAL, BAL grants to you a limited, revocable, nonexclusive, nontransferable worldwide license to access the Cobalt Portal and to use the same and the related services, documentation and material that BAL elects to make available through the same, solely for your internal business purposes.This access begins upon your creation of an account for the Cobalt Portal and will continue in effect until terminated in accordance with this Agreement. You are responsible for all use and access of your Cobalt Portal account, whether or not you have authorized the specific activities conducted on this account. All offers on the Cobalt Portal are void where prohibited by law. Some features and services may not be available in certain areas.
- Attorney Client Privilege. Your use of the Cobalt Portal does not inherently create any attorney client relationship between you and BAL or result in the creation of any attorney client privilege. You should always speak with an attorney regarding the facts of your case.
- BAL Appointment for Records. If you are the subject of a visa or immigration case, you understand and agree that as part of the services BAL is to provide, BAL may need to submit, update, and monitor certain records and documents with the United States Department of Homeland Security and various other U.S. and foreign government websites and databases (including without limitation U.S. Citizenship and Immigration Services and Customs and Border Protection) in order to facilitate and monitor your immigration process. As a result, you expressly appoint BAL and its attorneys as your agent and attorney-in-fact to submit, update, and monitor on your behalf records with the United States Department of Homeland Security and any other government entity and various other U.S. and foreign government websites and databases (including without limitation U.S. Citizenship and Immigration Services and Customers and Border Protection)as reasonably necessary to facilitate your immigration process. These records may relate to you or any individual related to your immigration case, including individuals to whom you are related through marriage, familial relationships, or guardianship (e.g., your spouse, parents, or children).
- Ownership. The “Cobalt Portal” includes all text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, databases, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content. The Cobalt Portal, and all software, documentation and related materials,is exclusively the property of BAL or its licencors and are protected by trade secret, copyright, trademark, and other intellectual property laws. Any unauthorized use of the Cobalt Portal or related intellectual property belonging to BAL or any third party is strictly prohibited. The Cobalt Portal may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.Copyright © 2020 Berry Appleman& Leiden LLP. All rights reserved.
- You may download and print from the Cobalt Portal one copy of the Cobalt Portal’s visible content related to your case(s) for your own personal noncommercial use as long as you do not modify or delete any copyright, trademark, or other proprietary notices.
- You will not otherwise copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, commercially exploit, or create derivative works of the Cobalt Portal or any part of the Cobalt Portal without BAL’s prior written consent.
- You will not use the Cobalt Portal for unlawful purposes.
- You warrant that all data you provide to us in connection with your access to and use of the Cobalt Portal is true, accurate, and complete.
- You will not submit inaccurate, incomplete, or out-of-date data via the Cobalt Portal, commit fraud or falsify data in connection with your use of the Cobalt Portal, or act maliciously against the business interests or reputation of BAL.
- You will not engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Cobalt Portal for purposes of creating or compiling that content for any purpose.
- You will not access, use, or copy any portion of the Cobalt Portal, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
- You will not use the Cobalt Portal to post, transmit, input, upload, or otherwise provide any data or material that contains any viruses, worms, Trojan horses, logic bombs, time bombs, cancel bots, malware, ransomware, adware, or other harmful computer code or programming routines, including those designed to or that reasonably may disable, damage, impair, interfere with, surreptitiously intercept, or expropriate the Cobalt Portal or any computers, hardware, software, system, data, or networks.
- You will not engage in activities designed to render the Cobalt Portal or associated services inoperable or to make their use more difficult.
- Account Suspension, Deactivation, and Termination. BAL may, for any reason and in its sole discretion, suspend your account and your use of the Cobalt Portal, without notice or liability, in the event BAL becomes aware of any unauthorized access or any security issue or misuse of your account. In the event BAL reasonably suspects a breach of this Agreement, it will notify you in writing (which may be electronic) using the contact information you provided either at registration or through a later update. In the event you do not cure such breach within ten (10) days of such notice, BAL may terminate your account and all access to the Cobalt Portal.
- Service Modifications. BAL may, at its sole option and discretion, modify, change or discontinue the Cobalt Portal or any portion or feature thereof, or change or remove features or functionality of the Cobalt Portal, from time to time. BAL shall provide notice within the Cobalt Portal or separately of any such material modification, change or discontinuation and your continued use of the Cobalt Portal after receipt of the notification will be deemed to constitute agreement to the same. Further, BAL may, at its sole option and discretion, modify, change or discontinue APIs for the Cobalt Portal from time to time.
- Support Services. BAL will provide reasonable support services, which will include email and phone access to a help desk staffed by trained BAL representatives for issue resolution during normal business hours, and basic technical support for account setup, software installation and use of the Cobalt Portal for its intended purpose and in accordance with any Documentation. At your request, and upon BAL’s agreement, BAL will provide consulting and training services, which shall be billed on a time and materials basis unless otherwise agreed in writing. For any on-site support services requested, and agreed to by BAL, you shall reimburse BAL for travel and incurred out-of-pocket expenses.
- NO WARRANTY. THE COBALT PORTAL ARE PROVIDED “AS IS,”“AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. NEITHER BAL NOR ITS AFFILIATES, SUPPLIERS, OR LICENSORS ARE RESPONSIBLE FOR PROVIDING MAINTENANCE OR SUPPORT SERVICES FOR THE COBALT PORTAL. BAL MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL MATERIAL, DATA, AND OTHER INFORMATION ON THE COBALT PORTAL IS ACCURATE AND RELIABLE, BUT BAL DOES NOT GUARANTEE EITHER ACCURACY OR RELIABILITY. BAL DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE COBALT PORTAL. BAL DOES NOT WARRANT OR GUARANTEE THAT THE COBALT PORTAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE COBALT PORTAL WILL BE CORRECTED, OR THAT THE COBALT PORTAL OR THE SERVERS THAT MAKE THE COBALT PORTAL AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. BAL IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON THE COBALT PORTAL.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE COBALT PORTAL, INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, NONINFRINGEMENT, AND ANY ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE. BAL HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED FROM BAL OR IN ANY MANNER FROM THE COBALT PORTAL CREATES ANY WARRANTY.WE MAKE NO REPRESENTATION THAT THE COBALT PORTAL IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS OR USE THE COBALT PORTAL FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS.USE OF THE COBALT PORTAL IS AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY DATA FROM THE COBALT PORTAL, AND ANY OTHER DAMAGE THAT MAY BE INCURRED.
CERTAIN JURISDICTIONS PROHIBIT THE DISCLAIMER OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BAL, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, OR LICENSORS (TOGETHER, “BAL PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH ANY OF THE COBALT PORTAL OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE COBALT PORTAL (INCLUDING WITHOUT LIMITATION THE INPUT OF PERSONAL AND OTHER DATA INTO THE COBALT PORTAL), WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A BAL PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE COBALT PORTAL. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL BAL PARTIES’ LIABILITY TO YOU EXCEED $100, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
- Indemnification. You will indemnify, defend, and hold harmless BAL Parties from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including without limitation reasonable attorneys’ fees) that arise out of or in connection with (a) access to or use of the Cobalt Portal by you or any third party accessing your account, (b) misuse of any material, data, or other data downloaded or otherwise obtained from the Cobalt Portal, or (c) breach of this Agreement by you or any third party accessing your account. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.
- Feedback. BAL welcomes comments regarding the Cobalt Portal. If you submit comments or feedback to us regarding the Cobalt Portal, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
- Disputes; Governing Law. This Agreement is governed by the laws of the State of Texas, without regard for its conflict of law principles. Venue is exclusively in the state or federal courts, as applicable, located in Dallas County, Texas, with respect to any dispute arising under this Agreement unless otherwise determined by BAL in its sole discretion. The parties expressly agree to the exclusive jurisdiction of those courts. Any cause of action or other claim with respect to the Cobalt Portal must be commenced within one year after the cause of action or claim arises. The United Nations Convention for the International Sale of Goods does not apply.
- ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY. PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH BAL AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
- Applicability of Arbitration Agreement.
- Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity hereof, including the determination of the scope or applicability of this Agreement to arbitrate (hereinafter, collectively, the “Dispute”), which cannot be resolved informally, must resolved by binding arbitration on an individual basis under the terms set forth below (the “Arbitration Agreement”). Notwithstanding the foregoing, in the event of any actual, alleged or threatened violation of confidentiality or violation of the BAL’s intellectual property or other proprietary rights, BAL may immediately resort to court proceedings in a court of competent jurisdiction as set forth above in order to seek immediate injunctive relief without posting of a bond, proof of damages or other similar requirement. The institution of any action for injunctive relief does not constitute a waiver of the right or obligation of any party to submit any claim seeking relief other than injunctive relief to arbitration.
- This Arbitration Agreement applies to you and BAL, and to any of our subsidiaries, affiliates, agents, employees, predecessors in interest, successors in interest, and assigns, as well as all authorized or unauthorized users or beneficiaries of the Services provided under this Agreement.
- Arbitrator. The arbitration proceeding will be administered by the American Arbitration Association (“AAA”) before an arbitrator selected pursuant to the AAA rules. The decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The parties will share equally in the costs assessed for the arbitration, and each party will bear its own attorneys’ fees and costs. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY INSTEAD CHOOSE AND AGREE TO HAVE ALL DISPUTES AS SET FORTH HEREIN DECIDED THROUGH INDIVIDUAL ARBITRATION.
- Place. The place of arbitration will be in Dallas County, Texas, unless otherwise agreed to in writing by all parties to the arbitration. The parties acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. Sections 1–16, governs the interpretation, enforcement and proceedings pursuant to this Arbitration Agreement. The parties expressly agree that any and all actions taken under the Arbitration Agreement and related provisions, including but not limited to all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party,
- Survival. This Arbitration Agreement provision will survive the termination of this Agreement.
- Time Limitation on Claims. The parties agree that they must initiate arbitration within one (1) year after any Dispute arose; otherwise, the Dispute is permanently barred.
- Applicability of Arbitration Agreement.
- NOTICE TO RESIDENTS OF CALIFORNIA. Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:The provider of the Cobalt Portal is Berry Appleman& Leiden LLP, 2400 N. Glenville Drive, Building A, Richardson, TX 75082.You may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210. Their website is located at: http://www.dca.ca.gov.
- Contact Us. Please direct any questions and concerns regarding this Agreement to us by email at email@example.com, by telephone at 469 654 3200, or by mail at the above address.