IMPORTANT – PLEASE READ CAREFULLY
By visiting or using any of Usafis’s Website or Offered Products or Software you acknowledge and aware that Usafis is a private corporation and is not and does not pretend to be, an official organ of the US Government or otherwise connected to the US Government in any way whatsoever. Usafis Organization is not the Immigration and Naturalization Service (INS), or the Bureau of Citizenship and Immigration Services (BCIS), or a law firm. In this respect Usafis neither intends nor claim to provide Legal advice or solutions to individual’s specific problems.
Please note that at any time, and upon the approval of the US Congress, the US Government has the authority to cancel the Lottery Visa Program. Usafis Organization and the Site shall not be held responsible in case the US Congress or the US Government (or one of its Agencies) cancels, suspends, prohibits or otherwise prevents (the “Prevention Announcement”) the Lottery Visa Program or the or the use of Usafis Offered Products, or otherwise, for reasons beyond Usafis Organization control, and will not provide refund for payments that were made prior to any such Prevention Announcement.
Please note: underlined words and phrases are click-through links to these pages and websites.
You acknowledge and agree that by visiting or using any of Usafis’s Websites or Offered Products, you are entering into a legally binding contract that shall govern any use of Usafis’s Websites or Offered Products by you or any third party on your behalf. Further, you hereby agree to the use of electronic communication in order to enter into contracts, place orders and to the delivery or acceptance of notices, policies and records of transactions initiated or completed through Usafis’s Websites or Offered Products. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require
an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
1.1. “Usafis” or “Usafis Organization” means Usafis Org Inc. and/or any of its owners, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives or licensors.
1.2. “Usafis’s Websites” or “Site” or “Website” means any and all elements, contents and the ‘look and feel’ of the website available under the domain www.Usafis.org and all related sites owned, operated or controlled by Usafis.
1.3. “Usafis’s Offered Products” or “Offered Products” means the use of the Software, if applicable, and any of Usafis products and related services available via any of Usafis’s Website whether they are defined as “Paid Products”, as defined herein, or any other product provided by Usafis.
1.4 “Usafis’s Software” or “Software” means Usafis’s proprietary web based software.
1.6. “Intellectual Property” means any and all intellectual property rights, including without limitation, intangible legal rights, titles and interests, evidenced by or embodied in: (i) any invention (whether patentable or un-patentable and whether or not reduced to practice), all improvements thereto, and all patent, patent applications and patent disclosures; (ii) any work of authorship, regardless of copyright ability, copyrightable works and all copyrights; (iii) all trade secrets and confidential information; and (vi) any other similar rights, in each case on a worldwide basis.
1.7 “Information” or “Personal Data” means any and all data deemed personal data in accordance with applicable laws regulating personal data protection and as further detailed in the Privacy Statement.
2. License and Access.
Usafis grants you with a limited license to access and make personal use of Usafis’s Websites and Offered Products and not to download (other than page caching) or modify it, or any portion of it. This license does not include any resale or commercial use of any of Usafis’s Websites or Offered Products or its contents; any derivative use of any of Usafis’s Websites or Offered Products or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. Any of Usafis’s Websites or Offered Products or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of any of Usafis’s Websites or Offered Products or any part thereof. You may not use any Meta tags or any other “hidden text” utilizing Usafis’s name or trademarks. You are granted with a limited, revocable, and nonexclusive right to create a hyperlink to the Usafis’s Website so long as the link does not portray Usafis or any of its products including without limitation, Usafis’s Offered Products or Websites or the Software, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Usafis’s logo or other proprietary graphic or trademark, including without limitation, as part of a link, without Usafis’s express written permission.
You shall not attempt to access any other of Usafis Organization’s systems, programs or data that are not made available for public use.
3. Proprietary Information.
You shall not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any of Usafis’s Website’s or Offered Products or Software or any part thereof. The information on Usafis’s Website’s is protected by copyright: Copyright 1998 – 2007 Usafis Organization. All rights reserved.
4. Modifications and Updates.
4.1. Usafis has the right at any time and for any reason to modify or discontinue any aspect or feature of any of Usafis’s Websites or Offered Products or Software, including but not limited to its content, functionality, availability, or it’s pricing.
4.2. Without derogating form the above said, Usafis, at its sole discretion, reserves the right to add additional features or functions, or subtract or change such or to provide programming fixes, updates and upgrades, to any of Usafis’s Websites or Offered Products or Software. You acknowledge and agree that Usafis has no obligation to make available to you any subsequent or previous versions of any of Usafis’s Websites or Offered Products or Software.
5. Paid Services.
6. Transactions, Payment Fraud and Collection.
The user of the Offered Products is fully responsible for paying all monies owed to Usafis. User agrees that he will not make or attempt to make any charge-backs, and/or deny or reverse any payment that he has made and will reimburse Usafis for any charge-backs, denial or reversal of payments he makes and any loss suffered by Usafis as a consequence thereof. Usafis may, at its sole discretion, cease to provide the Offered Products to certain users or to users paying with certain credit cards.
Usafis reserve the right to perform credit checks on all users with a third party credit agencies, on the basis of the information provided to us on application or by you in any other manner.
Usafis reserve the right to use a third party electronic payment processors and/or financial institutions to process payments made by you in connection with your use of the Offered Products and/or Software.
In any case of suspected or fraudulent payment, including use of stolen credit cards, or any other fraudulent activity (including any charge-back or other reversal of a payment), Usafis reserve the right to block a user’s account and reverse any refund made, if any. Usafis shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or otherwise unlawful activity, and may employ collection services to recover payments.
Any communication or material you post or transmit by or on any of Usafis’s Websites or through the use of the Offered Products and/or Software shall be treated as non-confidential and non-proprietary. You assume full responsibility for anything you post or transmit. If you object to your information being transferred or used in this way please do not use any of Usafis’s Website’s or Offered Products.
8. No Warranties.
8.1. Usafis cannot guarantee that you shall always be able to communicate by using any of Usafis’s Websites or Offered Products or Software, nor can Usafis guarantee that you can communicate without disruptions, delays or communication-related flaws or that all your communication shall always be delivered. Usafis shall not be liable for any such disruptions, delays or other omissions in any communication experienced when using the Software, Websites and Offered Products, even if such was incurred by or due to Usafis.
8.2. Usafis shall not be responsible or held liable for any disturbances or malfunctions that any of Usafis’s Websites or Offered Products or Softwaremay cause to any other software or application, or to any computer hardware system or any part thereof, including any information or data contained in such.
8.3. Usafis may suspend any of Usafis’s Websites or Offered Products or Software, including Paid Products, or any parts thereof, for maintenance work, updates or for any other reason, or terminate any of such Websites or Offered Products or Software, all at its sole discretion, without any prior notice. Usafis shall not be liable or responsible with respect to or in connection with, such suspension or termination.
8.4. Usafis’s Websites and Offered Products may include a pre-release beta version of its Websites and Offered Products which may be incomplete and may contain inaccuracies or errors that could cause failures or loss of data.
9. No guarantee of winning.
9.1. You understand that the Lottery Visa Program is a lottery and therefore there is no guarantee of winning. All applications submitted, as well as applications submitted through the use of the Offered Products and/or Software, receive an equal opportunity. As far as we know, a governmental computer will randomly select eligible entrants.
9.2. Usafis Organization is not involved in any way in the selection of winners. Choosing Usafis Organization Offered Products does not guarantee a better or expedited handling. In this respect it is very important you note that internet users often receive emails from third parties imposing to be the United States Government or Usafis, telling them they won the DV Lottery. If you receive such a message, we urge you not to make any payment of any kind before verifying the matter with a Usafis authorized representative, as these messages are fraud!!!
9.3. Applications submitted after the Usafis Organization submission period will automatically be processed for the next lottery.
9.4. The eligibility requirements have been detailed and listed on Usafis Website. 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.usafis.org/helpdesk/support/.
10. No Responsibility of Content.
10.1. Usafis’s Websites and Offered Products and all information, content, materials, products and services included on or otherwise made available to you through any of Usafis’s Websites or Offered Products are provided on an “as is” basis. Usafis and any of its owners, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives, suppliers or licensors make no representations or warranties of any kind, expressed or implied, as to the operation of any of Usafis’s Websites or Offered Products or Software or the information, content, materials, products or services included on or otherwise made available to you through such Websites or Offered Products. Without derogating from the aforementioned, you acknowledge and understand that the content of the communication spread by the use of any of Usafis’s Websites or Offered Products or Softwareis entirely the responsibility of the person or entity from whom such content originated. Further, Usafis’s Websites or Offered Products may contain links to other websites, you acknowledge and agree that the content of such is entirely the responsibility of its respective authors. You, therefore, may be exposed to content that is offensive, harmful to minors, indecent or otherwise objectionable and your linking to such web sites is at your own risk and you acknowledge and agree that Usafis shall not be liable for any type of communication spread by means any of Usafis’s Websites or Offered Products.
10.2. Subject to the terms and conditions of the Privacy Statement any communication or material you post or transmit in connection with your use of the Offered Products will be treated as non-confidential and non-proprietary. You assume full responsibility for anything you post or transmit, and you grant Usafis Organization 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.
10.3. In this respect 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.
10.4. The Offered Products 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 Usafis Organization, 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 Usafis Organization against any claim arising from any material that you post or transmit. Although Usafis Organization and its affiliates may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and other user and member generated content on the Site, Usafis Organization is under no obligation to do so.
10.5. You acknowledge that Usafis Organization 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. Usafis Organization reserves 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.
11. Lawful purposes.
You acknowledge and agree to use any of Usafis’s Websites or Offered Products or Software solely for lawful purposes. In this respect you may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for you, (b) use any type of spider, virus, worm, Trojan-Horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble any of Usafis’s Websites or Offered Products or Software or the communication, (c) send any unsolicited commercial communication not permitted by applicable law, or (d) expose any other user to material which is offensive, harmful to minors, indecent, unlawful, 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 or otherwise objectionable.
Further, you declare that the source of funds used by you to use the Offered Products and/or used through the Website is not illegal and that you will not use the Offered Products and/or the Websites and/or the Software in any way as a money transfer system. You will not use the Offered Products and/or the Websites and/or the Software for any unlawful or fraudulent activity or prohibited transaction (including money laundering) under any law.
You will be responsible for, and indemnify and hold harmless Usafis against any claim arising from any material that you post or transmit.
12. Registration As a world wide standard, IP addresses are allocated according to states or areas.
During registration, Usafis may utilize such allocation to identify the area you are calling and/or connecting from (this is made without personally identifying you). Any use of any of Usafis’s Websites or Offered Products must be made from the area you have registered from, you may not, by any means, cause Usafis to misidentify the area you are registering from (including without limitation by the use of proxy or any other software or service). You acknowledge and agree that not complying with such terms may cause Usafis to be in violation of or non compliance with any applicable law for which you shall be fully responsible for.
13. Fees & Refund Policy.
14. Security Usafis Organization 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 a 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 Software and Offered Products, Usafis Organization and the Site cannot guarantee the security of information collected during your use of the Software and Offered Products 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.
15. User ID and Password You are the only person authorized to use your user identification.
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 (i.e. do not even provide your password to any Usafis or United States Government employee). You are responsible for the use of any of Usafis’s Websites or Offered Products under your user identification number, and for maintaining the confidentiality of your user identification and password. For security purposes, unless otherwise noted, Usafis shall 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.
16. 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 use of the Software and/or Offered Products, Usafis Organization does not want to receive confidential or proprietary information from you through the Site. Any non-personal information or material sent to Usafis Organization will be deemed NOT to be confidential. By sending Usafis Organization any non-personal information or material, you grant Usafis Organization an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that Usafis Organization is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.
17. Use of Information.
Notwithstanding section 16 above, upon your registration you explicitly allow Usafis to transmit via the internet, telephone, facsimile or any other means of communications, commercial, promotional material and advertisements of any kind and type in its sole discretion, whether its own or of a third party. If you wish to cease receiving such material and advertisements, you may do so by notifying Usafis.
Without limiting other remedies, Usafis may limit, suspend, or terminate your use of Usafis Websites or Software or Offered Products (including Paid Products) and delete your user account and/or user ID, and the use of any content or other material contained therein, at any time, with or without cause and without any recourse, with immediate effect and without any prior notice. Usafis shall not be liable in respect to any damage caused by or arising of or in connection with the termination or suspension or restriction, irregardless of the reason thereof.
20. Economic Basis.
21. Disclaimer of Warranties.
21.2. ANY OF USAFIS’S WEBSITES OR OFFERED PRODUCTS OR SOFTWARE ARE PROVIDED AS IS, WITH NO WARRANTIES WHATSOEVER; USAFIS AND ANY OF ITS OWNERS, SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR LICENSORS DO NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO ANY OF USAFIS’S WEBSITE OR OFFERED PRODUCTS OR SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE. USAFIS AND ANY OF ITS OWNERS, SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR LICENSORS FURTHER DO NOT REPRESENT OR WARRANT THAT THE USAFIS’S WEBSITES OR OFFERED PRODUCTS OR SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DO USAFIS AND ANY OF ITS OWNERS, SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR LICENSORS WARRANT ANY SUCCSES OR ACCEPTANCE OF A VISA THROUGH ANY OF USAFIS’S WEBSITES OR OFFERED PRODUCTS OR SOFTWARE.
21.3. Usafis’s Websites may allow you to access third party websites. Your access to and use of any third party websites, including any goods, services or information made available from such websites, is governed by the terms and conditions found at each third party website, if any.
22.1. You agree to indemnify, defend and hold harmless Usafis, its owners, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives, suppliers or licensors, from and against all demands, losses, expenses, damages and costs, including reasonable attorneys’ fees, made against Usafis by any third party due to or arising out of or in connection with your visit or use of any of Usafis’s Websites or Offered Products or Software.
22.2. You agree to defend, hold harmless and indemnify Usafis from and against any and all liabilities, damages, actions, costs, expenses, including without limitation attorney’s fees, resulting from or arising of any and all third party claims, including without limitation your own.
22.3. As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to you. In such event the liability will be limited as far as legally possible under the applicable legislation.
23. Limitation of Liability.
23.1 YOU ACKNOWLEDGE AND AGREE THAT USAFIS, ITS OWNERS, SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR LICENSORS SHALL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OR VISIT OF ANY OF USAFIS’S WEBSITES OR OFFERED PRODUCTS OR SOFTWARE.
23.2 IN NO EVENT SHALL USAFIS, ITS OWNERS, SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR LICENSORS BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR ANY INJURIES, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE VISIT OR USE OF ANY OF USAFIS’S WEBSITES OR OFFERED PRODUCTS OR SOFTWARE OR INABILITY TO USE SUCH, EVEN IF USAFIS, ITS OWNERS, SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
23.3 YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY DAMAGE, PROBLEMS OR DISSATISFACTION IN CONNECTION WITH ANY OF USAFIS’S WEBSITE’S OR OFFERED PRODUCTS OR SOFTWARE OR THE USE OR VISIT THEREOF IS TO CEASE USE OF SUCH WEBSITES OR OFFERED PRODUCTS OR SOFTWARE.
23.4 IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS USER AGREEMENT, USAFIS ORGANIZATION 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 OFFERED PRODUCTS OR SOFTWARE, USAFIS ORGANIZATION’S LIABILITY SHALL IN NO EVENT EXCEED THE LESSER OF (A) THE AMOUNT PAID BY YOU FOR THE OFFERED PRODUCTS; OR (B) US$50.00. AS SOME JURISDICTIONS DO NOT ALLOW SOME OF THE EXCLUSIONS OR LIMITATIONS AS SET FORTH ABOVE, SOME OF THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH EVENT THE LIABILITY WILL BE LIMITED AS FAR AS LEGALLY POSSIBLE UNDER THE APPLICABLE LEGISLATION.
24. 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. Usafis Organization disclaims any responsibility for the accuracy or adequacy of any positions taken by you in your applications.
25. Governing Law & Dispute Resolution.
You agree that all matters relating to your access to or use of the Site, Offered Products and Software, including all disputes, will be governed by the laws of Cyprus without regard to its conflict of laws provisions. You agree to the personal jurisdiction by and venue in the District Court in Larnaka, Cyprus and waive any objection to such jurisdiction or venue. Any claim under the 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 Usafis and you arising out of or in connection with your use of the Site or Offered Products or Software the parties shall attempt, promptly and in good faith, to resolve any such dispute. If the parties 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.
26.2. 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.