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IMPORTANT INFORMATION
This Agreement governs the use of USAGCLS online immigration
preparation service including its related user instructions and content
(collectively, the Services). USAGCLS is a privately owned corporation
offering application value added preparation services for the Diversity Visa
Lottery, which is held by the U.S. Department of State. We are not the U.S
Government Immigration and Naturalization Service (INS or BCIS or USCIS) or a
law firm. If you choose, you can use our services to prepare your application
online. USAGCLS aims at making your application preparation simpler, easier,
better understandable and cost effective. We neither intend nor claim to
provide Legal advice or solutions to individual's specific problems. You
may not use the Services until you have read this Agreement and indicated
your unconditional acceptance of it by clicking the “I
agree” button. If you do not accept or agree to this Agreement, you
should terminate your use of the Services. As used in this Agreement, the
terms you, your or user are synonymous, and refer to the person using the
Services in any way. A registered user is a user from whom USAGCLS has
received the information necessary to permit such person to prepare
immigration forms or application by using the Services and who complies with
the terms and conditions of this Agreement. Permitted Uses and Restrictions
on Use Subject to this Agreement. The Services may be used only for their
intended purpose, and may not be used to prepare immigration forms,
supporting documents or letters on a professional basis (i.e., for an
immigration lawyer or other fee for immigration preparation
services). Notwithstanding anything in this Agreement, USAGCLS has no
responsibility or liability for damages or claims relating to any use of the
Services on a professional basis. You shall not attempt to access any other
of USAGCLS systems, programs or data that are not made available for public
use. Additionally, no material from this site may be copied, reproduced,
republished, uploaded, posted, transmitted, or distributed in any way without
USAGCLS written permission. Modification or use of materials on the site for
any purpose other than those permitted in this Agreement is a violation of
USAGCLS copyright, trademark and trade secret rights. You agree to
review your immigration application for indications of obvious errors, such
as date or place of birth, education level, marriage status, correct photos,
etc... You are also responsible for acquiring and maintaining all equipment,
computers, software and communications services (such as long distance phone
charges) relating to the access and use of the Services, and for all expenses
relating thereto. The payment of all fees and charges to USAGCLS, if
applicable, must be made by your valid credit or charge card and/or other
forms of accepted payments, except as otherwise provided herein, all fees and
charges are guided by the Refund Policy described below. USAGCLS uses
the Internet to provide program usage assistance in connection with the
Services. The terms and conditions governing the offering of this assistance,
some of which have fees chargeable to you, are announced by USAGCLS from
time-to-time. Consult USAGCLS web site for the most up-to-date information
relating to this assistance and any associated charges.
Security and Data Storage
You are the only person authorized to use your user
identification and password, and shall not permit or allow other persons to
have access to or use the same. You are responsible for the use of the
Services under your user identification number, and for maintaining the
confidentiality of your user identification and password. For security
purposes, USAGCLS will not disclose your user identification or password if
you lose or forget it, which circumstance would require you to reenter your
immigration information. Although it has taken significant measures to ensure
the security of information submitted by you in using the Services, USAGCLS
cannot guarantee the security of information collected during your use of the
Services and shall not be liable in any way for a compromise of your data.
Except to the extent required by applicable law, USAGCLS has no obligation to
store or maintain any information you provide to it, and you agree to print
or save a copy of your immigration application for you records.
Operation
USAGCLS has the right at any time and for any reason to modify
or discontinue any aspect or feature of the Services, including but not
limited to its content, functionality or hours of availability, the equipment
needed for its access or use, or its pricing.
You should confirm that the pricing for your use of the Services has not
changed, particularly if some time has passed between the date you start your
immigration application and the date you finish and are ready to file it.
USAGCLS is not responsible for any late filing or rejection of your
immigration application. In addition, USAGCLS reserves the right, at any
time, to change the terms of this Agreement by publishing notice of such
changes on its Internet site. Any use of the Services by you after USAGCLS'
publication of any such changes shall constitute your acceptance of this
Agreement as modified. You agree that USAGCLS is permitted to access and use
any other information provided by you to perform the Services and, if
necessary, to access such information to obtain contact information in order
to provide notifications relating to the Services to you.
Refund Policy
If a user is dissatisfied with, or chooses not to take advantage of, the Services, he/she can discontinue the use of the Services (for the avoidance of doubt including multiyear Services) and become eligible for a full refund (minus processing fees of 5% of originally charged amount), within 15 calendar days from the date of purchase. No refunds will be granted after two weeks from the original payment date. By providing payment information, the user agrees to these terms, and receives permission to access and use the USAGCLS system at his/her convenience to learn about the application process and prepare the application. If technical issues arise, USAGCLS provides technical support via e-mail for all paid users 8 hours per day, 5 days per week. USAGCLS will respond to your questions or concerns within 2 business days (Monday - Friday, NOT including weekends and public holidays in the United States). USAGCLS business hours are Monday through Friday 9.00 am to 5 pm, Pacific Standard Time (PST). For all paid users please contact us with any technical issues at service@usagcls.com. USAGCLS will refrain from answering any questions that we feel are legal in nature. We do not intend to or claim to provide legal advice or solutions to individual's specific problems through this support.
Limited Warranty for Registered Users
USAGCLS warrants only to its registered paid users the accuracy
of populating the user provided information on every form, validly prepared,
using the Services. If a registered paid user provides incorrect or
incomplete information, USAGCLS is not responsible for its correction or
completeness. You can check USAGCLS web site for updated information on
the Services. In this regard, you are responsible for keeping USAGCLS
apprised promptly of any change in your email address and mailing address and
phone number so that notices of such updates or corrections can be provided
by USAGCLS, and prior to the registration period which is generally in the
last calendar quarter of each year.
If you believe such an error occurred and you have complied with the above
conditions, please notify USAGCLS in writing at USAGCLS, 8391 Beverly
Blvd, #483, Los Angeles, CA 90048 as soon as you learn of
the mistake. In any case however, your change of personal information for
your diversity visa lottery application after it has been submitted to the
Department of State will take effect for the next lottery registration, if in
fact it takes place and will not be considered for the application already
submitted to the Department of State. In any event, the filing of such a
claim shall constitute your authorization for USAGCLS to obtain and review
any data files that may be in USAGCLS' possession or control in order to
evaluate your claim. Of course, you are responsible for paying any additional
fees you may owe, and providing assistance and additional information as
reasonably requested by USAGCLS.
DISCLAIMER OF WARRANTIES
Except as expressly provided above, this Services are provided
as-is and, to the maximum extent permitted by applicable law, USAGCLS and its
licensors, distributors, advertisers, web-link providers, dealers or
suppliers (collectively, the Participating Parties ) disclaim all other
warranties, express or implied, regarding the Services and their related
materials, including their fitness for a particular purpose, their quality,
their merchantability, or their non-infringement. USAGCLS does not warrant
that the Services are free from bugs, interruptions, errors, or other program
limitations. USAGCLS does not warrant that this site, or the server that
makes it available, is free of viruses or other harmful components. You (and
not USAGCLS) assume the entire cost of all necessary servicing, repair, or correction of problems caused by viruses or
other harmful components. Some states do not allow the exclusion of implied
warranties, so the above exclusions may not apply to you. In that event, any
implied warranties are limited in duration to 30 days from the date of
purchase of the Services. However, some states do not allow limitations on
how long an implied warranty lasts, so the above limitation may not apply to
you. This warranty gives you specific legal rights, and you may have other
rights that vary from state to state. Immigration laws and regulations
change frequently and their application can vary widely based upon the
specific facts and circumstances involved. Users are responsible for
consulting with their own professional immigration advisors concerning their
specific immigration circumstances. USAGCLS disclaims any responsibility for
the accuracy or adequacy of any positions taken by users in their immigration
applications. All warranties or guarantees given or made by USAGCLS with
respect to the Services (1) are for the benefit of the registered user of the
Services only and are not transferable, and (2) shall be null and void if you
breach any terms or conditions of this Agreement.
Limitation of Liability and Damages
You acknowledge that the operation and availability of the
communications systems used for accessing and interacting with the Services
(e.g., the public telephone, computer networks and the Internet) or to
transmit information to the immigration authorities can be unpredictable and
may, from time to time, interfere with or prevent access to Services or their
operation. USAGCLS is not in any way responsible for any such interference
with or prevention of your use of or access to Services. Except to the
extent of the limited warranty (of calculation accuracy) described above, the
entire liability of USAGCLS and its Participating Parties for any reason
shall be limited to the amount paid by you for the Services licensed from
USAGCLS. To the maximum extent permitted by applicable law, USAGCLS and its
Participating Parties are not liable for any indirect, special, incidental,
or consequential damages (including damages for loss of immigration status,
deportation, or the like), whether based on breach of contract, breach of
warranty, tort (including negligence), product liability or otherwise, even
if USAGCLS or its Participating Parties have been advised of the possibility
of such damages and even if a remedy set forth herein is found to have failed
of its essential purpose. Some states do not allow the limitation and/or
exclusion of liability for incidental or consequential damages, so the above
limitation or exclusion may not apply to you. The limitations of damages
or liability set forth in this Agreement are fundamental elements of the
basis of the bargain between USAGCLS and you. You acknowledge and agree that
USAGCLS would not be able to provide this product on an economic basis
without such limitations.
Miscellaneous
USAGCLS shall have the right to immediately terminate your
access to or use of the Services in the event of any activities which are in
breach of this Agreement or conduct which, in USAGCLS judgment, interferes
with the operation or use of the Services (e.g., excessive usage of the
Services which disrupts the use of the Services by other users). Termination
of this Agreement automatically terminates your license and authorization to
use and/or access Services and any content or other material contained
therein. This Agreement (including any related content on the Services, such
as the introductory and welcome pages, which by this reference are
incorporated herein) set forth USAGCLS' and its Participating Parties' entire
liability and your exclusive remedy with respect to the Services, and is a
complete statement of the agreement between you and USAGCLS. This Agreement
does not limit any rights that USAGCLS may have under trade secret,
copyright, patent or other laws. The employees of USAGCLS and its
Participating Parties are not authorized to make modifications to this
Agreement, or to make any additional representations, commitments, or
warranties binding on USAGCLS, except in a writing signed by an authorized
officer of USAGCLS. If any provision of this Agreement is invalid or
unenforceable under applicable law, then it shall be, to that extent, deemed
omitted and the remaining provisions will continue in full force and effect.
The validity and performance of this Agreement shall be governed by California law
(without reference to choice of law principles), and applicable federal law.
- USAGCLS is committed to the preparation
of your Diversity Visa Lottery (Green Card) application. However, it is
YOUR RESPONSIBILITY to provide us with all the correct information and
supporting documents in a timely manner. We will make our best effort to
contact you in the event that your application is missing information,
however, as time is the essence of this service; we cannot guarantee
that we will be able to notify all applicants who are missing items.
- The State Department does not have a fee for entering
the DV Lottery. The processing fee payable to USAGCLS ensures the
preparation of the application.
- It is recommended that each applicant be familiar
with the requirements disclaimer and conditions before making a decision
to use our service.
- The US State Department announces the submission
dates for the annual lottery between August and October of each year.
USAGCLS must receive your correct and complete application with all the
supporting documents by October 30th, 2009 to allow sufficient time for
preparation of your application in time. Any applications received
thereafter are not guaranteed submission in the DV 2011 Lottery.* This is based on the assumption that the US
Government continues with this program this year and in the following
years. In the event that this program is discontinued in the future, we
will not issue a refund for any applications that were
submitted to USAGCLS on the day of and prior to the U.S Department of
State cancellation decision is announced. Additionally, you agree
that if you take advantage of the discounted multiyear payment plans for
the Services, and if the Diversity Visa Lottery program is canceled by
the U.S. Department of State, or if you become a winner, or you change
your mind, you are not eligible for a refund of any unused years under
your payment plan.
- This service is guided by the Refund Policy above.
You engage our services upon submission of payment. By submitting your
application and payment to USAGCLS you agree that you understand the
terms and conditions specified herein.
- The eligibility requirements have been detailed in
our website. Please take your time to read all the specifications. It is
up to you to review the requirements and ensure that you qualify within
the guidelines before you sign up and pay for this service.
* These dates are subject to change based on the actual
submission dates announced by the State Department.
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