THIS   AGREEMENT is entered into by and between the Discloser and the Recipient (Discloser and Recipient collectively referred to herein as the “Parties” or individually as the “Party”).

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WHEREAS;

It is understood and agreed to that the Discloser (Client) and the Recipient (My 601 Waivers LLC) would like to exchange certain information that may be considered confidential. To ensure the protection of such information and in consideration of the agreement to exchange said information, the parties agree as follows:

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CONFIDENTIAL INFORMATION

1. The term "confidential information" means ALL information, whether it is stated to be confidential or not provided by the Discloser (or its Representatives) to the Recipient (or its Representatives), either orally or in writing. It also includes, but is not limited to:

1. The business plans, ideas, affairs, services, clients, systems or operations of the Discloser or its Representatives;

2. Intellectual property legally belonging to the Discloser; and

3. All other information or material that is marked or identified as "confidential" or "proprietary" or that is otherwise disclosed under circumstances that would lead a reasonable person to understand that such information is confidential or proprietary.

Confidential information also includes any analyses, compilations, studies, or other material or documents prepared by the Recipient Party which contain, reflect, or are based, in whole or in part, on the confidential information disclosed by the Discloser. Any and all information necessary for preparing immigration paperwork, including client contact information and already-acquired evidence.

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ATTORNEY- CLIENT PRIVILEGE

In addition to the above, Confidential Information shall also include, and the Recipient shall have a duty to protect all information under the attorney-client privilege as if Recipient were an agent of the Discloser subject to the same attorney-client privilege.

Recipient shall use the Confidential Information only for the purpose of preparing packets to be delivered to Discloser immediately upon completion. My 601 Waivers LLC will keep only a digital copy of the items prepared specifically by My 601 Waivers LLC such as briefs, statements, table of contents, 601/601A forms, and exhibits. All other documents will be destroyed.

1.  This Agreement shall not be construed as creating, conveying, transferring, granting or conferring upon the Recipient any rights, license or authority, in or to the information exchanged, except the limited right to use Confidential Information specified in paragraph 2. Furthermore, and specifically, no license or conveyance of any intellectual property rights is granted or implied by this Agreement.

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GOVERNING LAW

This Agreement states the entire agreement between the parties concerning the disclosure of Confidential Information and supersedes any prior agreements, understandings, or representations with respect thereto. Any addition or modification to this Agreement must be made in writing and signed by authorized representatives of both parties. This Agreement is made under and shall be construed according to the laws of the State of Utah, U.S.A. In the event that this agreement is breached, any and all disputes must be settled in a court of competent jurisdiction in the State of Utah, U.S.A.

 

If any of the provisions of this Agreement are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Agreement as a whole.

 

RECIPIENT’S OBLIGATIONS

1. My 601 Waivers LLC does not provide legal advice to clients or attorneys. We provide paralegal services only to assist in the preparation of attorney’s client’s cases. We do not formally submit paperwork on behalf of the client and/or attorney. By this agreement, attorney acknowledges that they are ultimately responsible to review each case before submission and are also responsible for the final preparation and submission of the case.

2. The Recipient and their representatives may use the confidential information only for fulfilling their obligations under the contract with the Discloser and for no other purpose.

3. The Recipient must use a reasonable degree of care to protect the confidential information and prevent unauthorized use or disclosure of the confidential information.

4.  The Recipient may share the confidential information with their representatives who need to know it in connection with their contract with the Discloser and only if they have agreed in writing to keep the information confidential on terms no less protective of the confidential information than the terms contained in this agreement.

5. The Recipient shall not, without the prior written approval of the Discloser, use for Recipient's benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of the Discloser, any confidential information.

6. The Recipient shall promptly notify the Discloser of any unauthorized disclosure of the confidential information or any other breach of this agreement by such Party or, to such Party’s knowledge, or by its representatives.

7. The Recipient shall return to the Discloser materials in their possession pertaining to confidential information such as all records, notes, and other written, printed, or tangible materials immediately if the Discloser requests it.

 

PAYMENT

Payment is due in advance for each case unless annual membership is subscribed (members billed monthly). If a case is terminated by either party prior to completion of the case, My 601 Waivers LLC agrees to calculate amount of time previously devoted to case and refund the original paid amount minus the time previously devoted to case at a rate of $150/hour plus a $200 setup fee per case. If services under this agreement become legally impossible and/or obsolete due to government policy changes or otherwise, both parties agree that fees paid under this agreement shall be forfeited and no refund remitted.

 

1. Client shall not hire or offer to hire any employees of My 601 Waivers LLC at any time during services rendered and for six (6) months thereafter. If Client does hire in violation of this agreement, Client shall immediately pay My 601 Waivers LLC an equitable, liquidated damage of one-half the first-year annual pay of the employee hired.

 

EXCLUSION FROM CONFIDENTIALITY TREATMENT

Confidential information shall not include information or material that:

1. Is publicly available or becomes publicly available through no action or fault of the Recipient party.

2. Was already in the Recipient party's possession or known to the Recipient party before being disclosed or provided to the Recipient party by or on behalf of the other Party, provided, that, the source of such information or material was not bound by a contractual, legal or fiduciary obligation of confidentiality to the non-disclosing Party or any other party with respect thereto.

3. Is independently developed by the Recipient party without reference to the confidential information.

4. Was known to the Recipient or its representatives free of restriction before receipt from the Discloser.

5. Recipient or its representatives may disclose confidential information when compelled to do so by a valid court order or other governmental body, provided Recipient provides prompt prior notice to Discloser if allowed.

 

TERM

The non-disclosure provisions of this agreement shall survive the termination of this Agreement and Receiving Party's duty to hold Confidential Information in confidence shall remain in effect until the Confidential Information no longer qualifies as confidential information or until Disclosing Party sends Receiving Party written notice releasing Receiving Party from this agreement, whichever occurs first.

 

GOVERNING LAW AND DISPUTE RESOLUTION

This agreement is governed by the laws of the State of Utah.

Any dispute under this agreement shall be resolved first by private negotiation between the Recipient and Discloser and then by mediation if resolutions were not resolved. 

 

MISCELLANEOUS

1. If a court finds any provision of this agreement invalid or unenforceable, the remainder of this agreement shall be interpreted so as to best effect the intent of the Parties.

2. This agreement expresses the complete understanding of the Parties with respect to the subject matter and supersedes all prior proposals, agreements, representations, and understandings. The Parties will exercise utmost good faith in this agreement.

3. If any ambiguity is found in the agreement or various documents forming this agreement, the Parties shall issue any necessary clarification or instruction.

4. Except where otherwise provided, failure by either Party to enforce any of these terms or conditions shall not be a waiver of their right to enforce them.

5. This agreement may not be amended, assigned, or transferred except in writing signed by both Parties.

6. The article and section headings in this agreement are for convenience; they form in no part of this agreement and shall not affect its interpretation.

7. Any reference to the singular includes the plural and vice versa, and the male gender includes the female gender and vice versa.

8. Each Party signing this agreement either directly or through a representative is duly authorized or has the capacity to do so.

9. The Parties may execute this agreement in counterparts, which taken together will constitute one instrument. Execution of a PDF copy will have the same force and effect as execution of an original, and an electronic signature will be deemed an original and valid signature.

10. Parties shall be served through their above-named addresses; either Party may change their addressees by reasonable written notice given to the other Party;

 

WHEREFORE, the parties acknowledge that they have read and understand this Agreement and voluntarily accept the duties and obligations set forth herein.