Welcome to the United States Green Card Lottery Service. To ensure that you
understand the terms and conditions and legal notices which govern your use of
the USGCLS web site and/or service, please read this agreement titled Terms and
Conditions of Use ("Terms") carefully before accessing, using or registering to
use, the USGCLS web site located at www.usgcls.com and/or www.usgcls.org (the
"Site") and/or any of the products and applications available thereon or
therefrom (collectively, and expressly including any form of media on or
through which any portion of the Site and/or the USGCLS Diversity Visa
submission service is provided to you, the "Service"). The website is owned and
operated by United States Green Card Lottery Service. ("USGCLS"). By using or accessing the Service, you
accept, without any limitation or qualification, the terms and conditions of
the Terms. If you do not agree to the Terms please do not click the box
indicating your agreement to be bound by the Terms and do not use the Service.
We reserve the right, in our discretion, to change, modify, add, or remove
portions of the Service at any time. Please check the Terms periodically for
changes. Your continued use of the Service following the posting of changes to
the Terms will mean you accept those changes.
References.
References in the Terms to "you", "your" or "the user" shall mean the person
using any part of the Service and, except where the context requires otherwise,
any other individual who may be using or enjoying (or intended to use or enjoy)
the Service. References to "USGCLS", "we", "us", "our" and the like in the
Terms are references to USGCLS. Any reference to use of the Service shall
include, without limitation, access to any part of the Site.
Use of the Service.
You agree to provide us with accurate, complete, and updated information
required to set up your account. Failure to do so will constitute a breach of
the Terms, which may result in immediate termination of your rights to use your
account. The account is solely for your personal use and may not be used by any
other person. As part of the registration process, you will be required to
select a password or provided with one. You are responsible for maintaining the confidentiality of
your password, and you will be responsible for all uses of your account,
whether or not authorized by you.
You are entirely liable for all activities conducted through your account. You
will notify us at service@usgcls.com of any known or suspected unauthorized
use(s) of your account, or any known or suspected breach of security, including
loss, theft, or unauthorized disclosure of your password. We will have no
liability for any circumstances arising from the unauthorized use of your
password or your account. Any fraudulent, abusive, or otherwise illegal
activity on your account may be reported to appropriate law-enforcement
agencies by us. If you have reason to believe that your Account is no longer
secure (for example, in the event of a loss, theft, or unauthorized disclosure
or use of your Registration ID, password, or any credit, debit, charge card number
or other payment information stored on the Service), you must promptly change your password and notify us of
the problem (by notice given as described in the Notice section below).
Access to the Service.
You are solely responsible for providing all computer hardware, telephone and
other equipment necessary to access the Service, including without limitation
Internet access software and modems.
The Service is provided in English. Certain parts of the Service are also translated into other languages for ease of use. In the event of any discrepancy between the English language and the translated language, the English language shall govern.
Administration of the Service; Changes to the Terms.
We may change, modify, suspend, or discontinue any aspect of the Service at any
time, including, without limitation, access policies, the availability of any
Service feature, hours of availability, content, data, or software or equipment
needed to access and/or use the Service. We may also impose limits on certain
features or restrict your access to parts or all of the Service without notice
or liability.
We reserve the right, at our sole discretion, to change, modify, add,
supplement or delete any of the terms and conditions of the Terms at any time.
We will post notification of any such changes on the Service, or give notice of
them to you via e-mail, postal mail or by pop-up screen, at our sole
discretion. If any future changes to the Terms are unacceptable to you or cause
you to no longer be in compliance with the Terms, you may terminate your
account. The continued use of the Service by you following your receiving a
notice of changes to the Terms will mean you accept any and all such changes.
Notices.
When setting up your account, you must submit to us a correct e-mail address,
and agree to update us of any changes in your e-mail address or other account
information. We may give notice to you by means of a general notice on the
Service, electronic mail to your e-mail address on record in the account
information, or by written communication sent by first-class mail to your
address on record in your account. You may give notice to us by electronic mail
at the following e-mail address service@usgcls.com. All notices will be deemed
given when actually received electronically or, in the case of notices posted on the Service,
as of the time of first use of the Service following such posting. In the event of technical failures to deliver notices to you because an incorrect or non-working email address, notices will bi deemed given when sent.
Fees and Charges.
You understand that there are no fees to apply to the Diversity Visa Program.
Certain fees may apply if your application is selected – please check the US
State Department website for more information. USGCLS charges a one time
processing fee, based on the number of applicants and entries selected by you,
solely for the collection of your information, optional scanning of your photographs and the processing and submitting of your application to the State Department. We reserve the right to
change prospectively the amount of, or basis for determining, any fees or
charges for the Service, and to institute new fees or charges for access to
portions of the Service effective upon prior notice to you by posting such
changes on the Site or by sending e-mails to the address provided in your
account.
THE USGCLS SERVICE FEE IS BASED ON THE STATE DEPARTMENT APPLICATION PROCESS KNOWN AT THE TIME OF THE USGCLS REGISTRATION. IN THE EVENT THAT ADDITIONAL REQUIREMENTS (INCLUDING WITHOUT LIMITATION THE PAYMENT OF AN ENTRY FEE) ARE IMPLEMENTED AT A LATER DATE, THE USGCLS SERVICE FEE FOR ALL FUTURE ENTRIES PAID FOR PRIOR TO SUCH ADDITIONAL REQUIREMENTS SHALL BE INCREASED RETROACTIVELY BY AN AMOUNT NECESSARY TO COVER THE COSTS AND EXPENSES OF PROCESSING AND FULFILLMENT OF SUCH ADDITIONAL REQUIREMNTS (INCLUDING WITHOUT LIMITATION AN INCREASE IN THE AMOUNT OF SUCH ENTRY FEE).
You hereby agree to pay all charges to your account, including applicable
taxes, in accordance with billing terms in effect at the time the fee or charge
becomes payable. Your right to use the Service is subject to any limits
established by us or by your credit card issuer. If payment cannot be charged
to your credit card or your charge is returned to us for any reason, we reserve
the right to either suspend or terminate your account, thereby terminating the
Terms and all of our obligations hereunder. If you have a balance due on your
account, you agree that we can charge these unpaid fees to your credit card or other payment method.
Your account may be suspended for non-payment, and you may be responsible for
any and all bank or service charges incurred in connection with payment of
charges to your account, and for any costs of collection including reasonable
attorneys fees.
Refund Policy
We offer a 15-day satisfaction guaranty. If you are not satisfied with our service, you may cancel by sending a request to service@usgcls.com detailing your Registration ID and reason for cancelling. After such 15-day period (or, if your registration has been processed and submitted prior to the end of the 15 days, after such submission), the registration fee is NOT refundable, irrespective of whether the filing of the
application is made impractical or impossible by any foreseen or unforeseen
events. Please note that only credit card payments are refundable. Other payments may receive a credit toward future years, or transfer the payment credit to another applicant. No refund shall be provided if for any reason, including without
limitation any change in or suspension or termination of the Diversity Visa Program or the eligibility of the applicant, USGCLS
is unable to provide all or part of the services purchased. However, in the case of any future suspension or termination of the Diversity Visa Program, applicants who register after the official State Department notice of such suspension or termination shall receive a full refund of their fees. Applicants who register for multiple years and take advantage of discounted rates shall not be entitled to any refund of unused fees in the event of such suspension or termination.
In addition, USGCLS may, in its sole discretion, for any reason whatsoever, decide on its own accord, not to provide all or part of the services
purchased, and provide the appropriate refund to the you or, if applicable to provide you with a credit for same services in future years. Such refund or credit shall be your sole recourse in such case. Amounts due (if any) as refunds, returns, money back guarantees or otherwise, to applicants who register for multiple years and take advantage of discounted rates hereunder shall be claculated based on a rate equal to the higher of (i) $64 and (ii) the then current standard rate for one year's registration, for each year already used. By registering for and using the Service you specifically understand and agree to this refund
policy.
Your Responsibility.
You understand that it is
your responsibility to review all of the requirements listed on the Site and
make sure that you comply with them, follow the online instructions complete the entire registration process in a timely manner. It is your responsibility to provide the Service with correct and complete information, to review such information and to update it promptly if and when it changes. You can log in to your account at any time to review and update all of the information regarding your application, check the status of your registration and find out if anything else needs to be done to complete the registration process. You also understand that you must actively follow all of the instructions and warnings posted on the site or otherwise provided to you in order to complete all of the submission requirements. It is your responsibility to confirm that any changes, requests or updates to information or the status of your account are actually performed. The latest information and status of your account are always available online by logging in to your account. You understand and agree that the Service does not include confirmation of the appropriateness of your digital photographs, which will be determined solely by the State Department. In no event shall USGCLS be liable for any failure to complete
the application process. You understand and agree that you must submit all required information and photos in a timely manner. Due to high traffic and low availability of the State Department web site, you must provide all such photos and information at least 48 hours before the State Department deadline. USGCLS will make every effort to submit applications which have been completed after such time, but can not and will not be held responsible for submission problems arising due to the unavailability of the State Department web site.
You understand and agree that you may only register ONCE each year (married couples may create one application for the husband and one for the wife). If you register more than once, ALL of your applications will be disqualified. It is your responsibility to ensure you only register once (whether directly, through USGCLS or any other service), and you understand that USGCLS does not and is not able to check whether you registered more than once.
Immigration laws and regulations change frequently and their application can
vary widely based upon the specific facts and circumstances involved. You are
responsible for consulting with your own professional immigration advisors
concerning your specific immigration circumstances. USGCLS disclaims any
responsibility for the accuracy or adequacy of any positions taken by users in
their immigration applications.
No Guarantee of Winning.
You understand and agree that the Diversity Visa Lottery Program is a lottery.
Applications that are submitted correctly are not guaranteed to win. You
understand that the Service assists you in complying with the submission
requirements and submitting your application, but does not provide better or expedited processing, or improve your chances of winning. Winners will be selected randomly by the State
Department computer from all eligible entries. You understand that you may
submit an application on your own without any use of the Service.
You understand that USGCLS does not represent and is not in any way affiliated
to the US Government. USGCLS provides a service consisting of providing information, assistance in
preparation of Diversity Visa Lottery applications and their submission. USGCLS is not a
law firm and does not provide any legal advice.
Security.
The security of your personal information is very important to us. We attempt
to provide for the secure transmission of your information from your PC to our
servers by utilizing Encryption software. However, due to the inherent open
nature of the Internet, we can not guarantee the security of your personal
information, and your use of the Service demonstrates your assumption of this
risk. USGCLS shall not be liable in any way for a compromise of any such data.
Except to the extent required by applicable law, USGCLS has no obligation to
store or maintain any information you provide to it, and you agree to print or
save a copy of your application for your records.
Privacy and Collection of Information.
Use of the Service is subject to our Privacy Policy. By accessing the Service,
entering billing details and credit card information, you agree to the terms
and conditions of our Privacy Policy. The current version of our Privacy Policy
can be found at www.usgcls.com/faq/privacy.asp.
Materials and Content Contained in the Service.
All materials and content contained in the Service (including any form of media
on or through which any portion of the Service is provided to you) are the
copyrighted property of USGCLS, its subsidiaries or affiliated companies and/or
third party content providers. All USGCLS and/or USGCLS trademarks, service
marks, brands, logos, and trade names are proprietary to USGCLS and/or its
affiliates. No material from the Service may be copied, reproduced,
republished, uploaded, posted, transmitted, or distributed in any way, except
that you may print copies of any forms or instructions created under your account,
provided that (a) you keep intact all copyright and other proprietary notices,
(b) you make no modifications to the materials, (c) you do not use the
materials in a manner that suggests an association with any of our products,
services, or brands, and (d) you do so solely for the purpose of completing and
submitting the applications created under your account. Any information that you submit to the Service shall become the propety of USGCLS which shall be able to use it in accordance with these Terms and the Privacy Policy. Any information sent to the Site not in electronical format shall not be returned. You understand and agree that photographs submitted by you may be modified by USGCLS to the extent necessary to be processed and submitted, provided that such modifications shall not be deemed confirmation or approval that they meet any submission requirements.
Representations and Warranties; Notification.
You represent, warrant, and covenant that: (a) the account is for your personal
use and shall not be used by any other person; (b) you will not use the Service
to perform, suggest or encourage any fraudulent, illegal or inappropriate
activity; (c) that you are at least 18 years old and have the authority to
enter into the Terms; and (d) that you will fully comply with the terms and
conditions of the Terms. You hereby agree to indemnify, defend, and hold
USGCLS, its affiliated companies, and all of its and their officers, directors,
owners, agents, information providers, affiliates, licensors, and licensees
(collectively, the "Indemnified Parties") harmless from and against any and all
liability and costs, including, without limitation, reasonable attorneys' fees,
incurred by the Indemnified Parties in connection with any claim or cause of
action arising out of the use of your account, the Service and/or any breach by
you, of any of the above representations, warranties, and covenants or any
other provision of the Terms. You will cooperate with us in the defense of any
claim. We reserve the right to assume the exclusive defense and control of any
matter that may be subject to indemnification hereunder.
The Service contains information, facts and opinions from various individuals
and organizations. We make no representation, warranty or endorsement as to the
accuracy or reliability of any content, materials or information contained in,
and/or displayed, uploaded, or distributed by or through the Service. You
acknowledge that any reliance upon any such statement, advice, opinion or other
information will be at your sole risk. We will have the right, in our sole
discretion, to correct any errors or omissions in any portion of the Service,
but we have no obligation or duty whatsoever to monitor for, verify or correct
any errors or omissions in any portion of the Service.
All representations and warranties given or made by USGCLS with respect to the
Service are for the benefit of the registered user of the Service only and are
not transferable, and shall be null and void upon any breach by you of any of
the Terms.
DISCLAIMER.
THE SERVICE (EXPRESSLY INCLUDING ANY FORM OF MEDIA ON OR THROUGH WHICH ANY
PORTION OF THE SERVICE IS PROVIDED TO YOU) IS PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND THE ABSENCE OF
INACCURACIES IN INFORMATIONAL CONTENT. WE DO NOT WARRANT THAT THE SERVICE OR
THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED, SECURE, TIMELY OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE HARDWARE AND/OR SOFTWARE THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU
(AND NOT WE) ASSUME THE ENTIRE RESPONSIBILITY AND COST OF ALL NECESSARY
SERVICING, REPAIR, OR CORRECTION. NEITHER USGCLS NOR ITS AFFILIATES ENDORSE OR
ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR
STATEMENT ON THE SERVICE OR THE SITES.
You understand and agree that any material and/or data downloaded or otherwise
obtained through the Service is at your own risk and that you will be solely
responsible for any damage to your computer system, loss of data or any other
loss or damage that results from such download and/or data.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL USGCLS,
ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, OWNERS, AGENTS, LICENSORS,
LICENSEES, SUPPLIERS OR DISTRIBUTORS, BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF IMMIGRATION STATUS, ETC.) THAT RESULT FROM THE USE OF, OR
THE INABILITY TO USE, THE SERVICE OR THE MATERIALS IN THE SERVICE OR THE PROVISION OR FIALURE TO PROVIDE THE SERVIE. THIS
LIMITATION WILL APPLY EVEN IF USGCLS OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE
FORESEEABLE. IN NO EVENT WILL USGCLS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED
THE AMOUNT PAID BY YOU, IF ANY, FOR USING THE SERVICE.
YOUR UNDERSTAND AND AGREE THAT PROVISION OF PARTS OF THE SERVICE RELIES ON THIRD PARTY SERVICES AND THEIR AVAILABILITY, INCLUDING , WITHOUT LIMITATION, THE STATE DEPARTMENT REGISTRATION PROCESS. IN NO EVENT SHALL USGCLS BE LIABLE FOR THE USE OF OR INABILITY TO USE, OR ERRORS IN USE OF SUCH OTHER THIRD PARTY SERVICES. YOU ARE SPECIFICALLY ENCOURAGED NOT TO WAIT UNTIL THE LAST DAYS OF THE REGISTRATION DEADLINE, AS THE STATE DEPARTMENT SERVICE HAS BEEN KNOWN TO BE UNAVAILABLE OR MALFUNCTION DURING SUCH PERIOD. YOU UNDERSTAND AND AGREE THAT USGCLS SHALL NOT BE RESPONSIBLE FOR ANY FAILURE OF ANY FINANCIAL SERVICE OR INSTITUTION TO PROVIDE USGCLS WITH YOUR PAYMENT AND REGISTRATION ID IN ACCORDANCE WITH THE PAYMENT INSTRUCTIONS PROVIDED.
YOU SPECIFICALLY UNDERSTAND AND AGREE THAT NO REFUND OR OTHER RECOURSE SHALL BE AVAILABLE IF FOR ANY REASON, INCLUDING WITHOUT LIMITATION ANY CHANGE IN OR SUSPENSION OR TERMINATION OF THE DIVERSITY VISA PROGRAM OR THE ELIGIBILITY OF THE APPLICANT, USGCLS IS UNABLE TO PROVIDE ALL OR PART OF THE SERVICES PURCHASED.
THE LIMITATIONS OF
DAMAGES OR LIABILITY SET FORTH IN THE TERMS ARE FUNDAMENTAL ELEMENTS OF THE
BASIS OF THE BARGAIN BETWEEN USGCLS AND YOU. YOU ACKNOWLEDGE AND AGREE THAT
USGCLS WOULD NOT BE ABLE TO PROVIDE THE SERVICE ON AN ECONOMIC BASIS WITHOUT
SUCH LIMITATIONS.
Free Airline Ticket Offer.
Applicants who (1) receive the offer, (2) register through USGCLS and (3) process their winning visa application through USGCLS and/or its affiliated law firms, and (4) receive the green card, will receive a refund of up to $600 on an airline ticket to the USA. Limit of one refund per registration. Offer is made only to certain applicants as determined solely by USGCLS and void where prohibited or restricted. Winning applicants must provide copy of green card and used airline ticket to receive the refund.
Links to Other Web Sites.
As a service to users of the Service, we may include links to other web sites
which we have no control over. Without limiting the disclaimer above, we
explicitly disclaim any responsibility for the availability, accuracy,
appropriateness or compliance with law of the content found on other sites that
link to or from the Service. You hereby irrevocably waive any claim against us
with respect to such sites.
We cannot ensure that you will be satisfied with any products or services that
you purchase from other sites that link to or from the Service. We do not
endorse any of the products or services, nor have we taken any steps to confirm
the accuracy or reliability of any of the information contained in such sites
or the products and services offered through such sites, and any links to or from our site . Any links to our site or from our site are not an indication of any endorsement, affiliation or other relationship and should not be viewed as such. We do not make any representations or warranties as to the security of any information (including,
without limitation, credit card and other personal information) you might be
requested to give in connection with any such sites. You hereby irrevocably
waive any claim against us with respect to such sites. We strongly encourage
you to make whatever investigation you feel necessary or appropriate before
proceeding with any such transactions.
Jurisdictional Issues.
We make no representation that materials on or in the Service are appropriate
or available for use in any particular location. Those who choose to access the
Service do so on their own initiative and are responsible for compliance with
local laws, if and to the extent local laws are applicable.
Survival.
Any accrued payment obligations and/or any other provision herein which by its
nature extends beyond the termination of the Terms, shall survive any
expiration or termination of the Terms.
General Provisions.
The Terms shall be governed by and construed in accordance with the laws of the
State of New York, without giving effect to any principles of conflicts of law.
You agree that any action at law or in equity arising out of or relating to the
Terms shall be filed only in the state or federal courts located in the County
and State of New York, and you hereby consent and submit to the personal
jurisdiction of such courts for the purposes of litigating any such action. If
any provision of the Terms shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from the Terms and
shall not affect the validity and enforceability of any remaining provisions.
This is the entire agreement between you and USGCLS and except as specifically
set forth herein, shall not be modified except in writing, signed by both
parties or as otherwise set forth herein.