Disclaimer of Warranties and Limitation of Liability

A. AS-IS BASIS

THE SERVICE AND THE SITE CONTAIN INFORMATION, FACTS AND OPINIONS FROM VARIOUS SOURCES. THE SERVICE AND THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. US GREEN CARD SERVICES DOES NOT ENDORSE AND WILL NOT BE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SERVICE OR THE SITE.

US GREEN CARD SERVICES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES EVEN IF US GREEN CARD SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION SHALL APPLY REGARDLESS OF THE FORM OF ACTION AND WHETHER IN CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST US GREEN CARD SERVICES ARISING OUT OF YOUR USE OF THE SERVICE AND THE SITE AND THE INFORMATION AVAILABLE THEREON.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

If, notwithstanding the other provisions of this User Agreement, US Green Card Services is found to be liable to you for any damages or loss which arises out of or is any way connected with the use of this Site or the Service, US Green Card Services's liability shall in no event exceed the greater of (a) the amount paid by you for the Service; or (b) US$50.00. Some jurisdictions do not allow limitations liability, so the foregoing limitation may not apply to you.

In any case, all warranties or guarantees given or made by US Green Card Services with respect to the Service (1) are for the benefit of registered users of the Service that comply with the terms of this User Agreement only and are not transferable, and (2) shall be null and void if you breach any terms or conditions of this User Agreement

B. Communication Problems

US Green Card Services or the Site does not guarantee continuous, uninterrupted or secure access to the Service, and operation of the Site may be interfered with by numerous factors outside of US Green Card Services or the Site's control.

Furthermore, US Green Card Services is not responsible and shall not bear any liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.

C. Economic Basis

The limitations of damages or liability set forth in this User Agreement are fundamental elements of the basis of the bargain between US Green Card Services and you. You acknowledge and agree that US Green Card Services would not be able to provide the Service on an economic basis without such limitations.

Information you post

Subject to the terms and conditions of the Privacy Statement any communication or material you post or transmit to the Service and/or the Site will be treated as non-confidential and non-proprietary. You assume full responsibility for anything you post or transmit, and you grant US Green Card Services the right to edit, copy, publish and distribute any information or content you post or transmit for any purpose, including but not limited to registration for the Green Card Lottery program. If you object to your Information being used in this manner please do not register.

Please acknowledge that US Green Card Services do not review or monitor any web sites linked to the Site and are not responsible for the content of any such linked web sites. Your linking to such web sites is at your own risk. You should be aware that if you voluntarily disclose personal information (e.g. user name, email address) on a bulletin board, chat room or on any other user or member generated pages, that information can be collected and used by others and may result in unsolicited messages from other parties.

The Service and the Site may include bulletin boards, chat rooms and other user and member created pages which allow you and other users and members to post information, provide feedback to US Green Card Services, and interact in real-time. You agree not to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law. You will be responsible for, and indemnify and hold harmless US Green Card Services against any claim arising from any material that you post or transmit. Although US Green Card Services and its affiliates may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and other user and member generated pages on the Site, US Green Card Services is under no obligation to do so. You acknowledge that US Green Card Services and its affiliates do not control the information available on the bulletin boards, chat rooms and other user and member generated pages and that any opinions, advice, statements, services, offers or other information or content presented or disseminated on any bulletin board, chat room or on any other user or member generated pages are those of their respective authors who are solely liable for their content. US Green Card Services reserve the right, in its sole discretion, to edit, refuse to post or remove any material submitted to or posted on the chat rooms, bulletin boards or on any other user or member generated pages.

Security

US Green Card Services and the Site take every precaution to protect users' information. When users submit sensitive information via the Site, the information is protected both online and off-line. When users are asked to enter sensitive information (such as credit card number) such information is encrypted and is protected with the encryption software SSL. While on a secure page, such as the payment reply form, the lock icon on the bottom of Web browsers such as Microsoft Internet Explorer becomes locked.

Although we have taken significant measures to ensure the security of information submitted in using the Service, US Green Card Services and the Site 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.

If you object to your Information being transferred or treated in this way please do not register.

Confidential Information

Please note that, with the exception of credit card numbers and other personal information that you are required to fill in the forms as part of the Service, US Green Card Services does not want to receive confidential or proprietary information from you through the Site. Any non-personal information or material sent to US Green Card Services will be deemed NOT to be confidential. By sending US Green Card Services any non-personal information or material, you grant US Green Card Services an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that US Green Card Services is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.

Your responsibility

It is your responsibility to provide all the requirements on time. US Green Card Services cannot guarantee to notify all applicants who are missing items. You acknowledge that you will not submit duplicate applications and US Green Card Services will not be responsible for any such submissions.

No guarantee of winning

You understand that the DV Lottery Visa Program is a lottery and therefore there is no guarantee of winning. All applications submitted, as well as applications submitted through the Service, receive an equal opportunity. As far as we know, a governmental computer will randomly select eligible entrants.
US Green Card Services is not involved in any way in the selection of winners. Choosing US Green Card Services Service does not guarantee a better or expedited handling.
Applications submitted after the US Green Card Services submission period will automatically be processed for the next lottery.
The eligibility requirements have been detailed and listed on this web page. It is up to you to review the requirements and ensure that you qualify within the guidelines. If you have any questions, please visit the http://www.USAGreencardLottery.org/contactus/ area.

Use of Service

Subject to the terms and conditions of this User Agreement including, without limitation, the payment of the fee, a user can use the Service to prepare a Green Card Lottery application. The Service may be used only for its intended purpose, and may not be used to prepare immigration forms, supporting documents or letters on a professional basis.

You shall not attempt to access any other of US Green Card Services's systems, programs or data that are not made available for public use.

You are the only person authorized to use your user identification and password, and are not allowed to permit or allow other persons to have access to or use the same. You are responsible for the use of the Service under your user identification number, and for maintaining the confidentiality of your user identification and password. For security purposes, unless otherwise noted, US Green Card Services will not disclose your user identification or password if you lose or forget it other than by sending it to your email address as provided during registration.

Modifications

US Green Card Services has the right at any time and for any reason to modify or discontinue any aspect or feature of the Service, including but not limited to its content, functionality, availability, or its pricing.

Immigration Laws and Regulations

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 circumstances. US Green Card Services disclaims any responsibility for the accuracy or adequacy of any positions taken by you in your applications.

Trademark Information

The trademarks, logos and service marks (the "Marks") displayed on this Web site are the property of US Green Card Services or other third parties. You are not permitted to use the Marks without the prior written consent of US Green Card Services or such third party which may own the Marks. "US Green Card Services" is a registered trademark of US Green Card Services. Other product and company names mentioned herein may be the trademarks of their respective owners. Nothing contained in these Web pages should be construed as granting or permitting any right to use such trademarks.

Copyrights Notice

The information on this Web site is protected by copyright: Copyright © 2006 US Green Card Services. All rights reserved.
The materials used and displayed on the Service and the Site, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks, are the property of US Green Card Services or its affiliates or licensors and are protected by copyright, trademark and other laws. Any such content may be displayed solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of US Green Card Services or the appropriate affiliate.

Breach

Without derogating from or limiting our other remedies, US Green Card Services shall have the right to immediately terminate your access to or use of the Service in the event of any activities which are in breach of this agreement or conduct which, in US Green Card Services's judgment, interferes with the operation or use of the Service (e.g., excessive usage of the Service which disrupts the use of the Service by other users).

Termination of this User Agreement automatically terminates your license and authorization to use and/or access Service and any content or other material contained therein.

Indemnification

You agree to indemnify, defend and hold harmless US Green Card Services, its officers, directors, employees, affiliates, agents, licensors and suppliers from and against all demands, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting made against US Green Card Services by any third party due to or arising out of or in connection with your use of the Site.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of California, USA without regard to its conflict of laws provisions. You agree to the personal jurisdiction by and venue in the District Court in San Francisco and waive any objection to such jurisdiction or venue. Any claim under this User Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between US Green Card Services and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days, then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Miscellaneous

This User Agreement set forth US Green Card Services entire liability and your exclusive remedy with respect to the Service, and is a complete statement of the agreement between you and US Green Card Services.

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

This agreement does not limit any rights that US Green Card Services may have under trade secret, copyright, patent or other laws. The employees of US Green Card Services are not authorized to make modifications to this User Agreement, or to make any additional representations, commitments, or warranties binding on US Green Card Services, except for those made in writing signed by an authorized officer of US Green Card Services. 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. (Last updated October, 2006)