Diversity Lottery Term And Conditions
The Terms and Conditions of Use (the "Terms") constitute the entire agreement between you and DV Lottery and govern your use of our website www.diversity-lottery.com (the "Website") and its services, namely providing assistance with filling out certain immigration forms related to the U.S. Diversity Visa Lottery Program (referred to hereafter as the "Service"), and supersedes any prior agreements between you and Corporation and may be updated by Corporation from time to time. Notwithstanding the forgoing, discretion regarding the contents of any particular field, as well as the whole form, relies solely and exclusively with you.
The failure of Corporation to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms do not limit any rights that Corporation may have under trade secret, copyright, patent or other laws. The employees of Corporation are not authorized to make modifications to the Terms, or to make any additional representations, commitments, or warranties binding on Corporation, except in a writing signed by an authorized officer of Corporation. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website, the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. You also agree that the Terms shall not be construed against the drafting party, i.e., Corporation.
Diversity Lottery is a trade name registered to International Form Services Limited, located at 83-26 Broadway #2900, Elmhurst, New York, NY-11373.
By using the Service in any way, you are agreeing to comply with these Terms. In addition, when using the Website and the Service, you agree to abide by any applicable posted guidelines for all of Corporation's services, which may change from time to time. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with Corporation or the Website in any way, your only recourse is to immediately discontinue use of the Website.
YOU AGREE THAT BY USING THIS SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
As stated above, Corporation reserves the right, at any time, to change the Terms by publishing notice of such changes on the Website. Any use of the Services by you after Corporation's publication of any such changes shall constitute your acceptance of this Agreement as modified. You agree that Corporation is permitted to access and use any other information provided by you to perform the Service and, if necessary, to access such information to obtain contact information in order to provide notifications relating to the Service provided to you.
The completed application is merely a part of the Website. One of the primary advantages of the Website is educating you about the process and requirements of the U.S. Department of State ("DOS") Diversity Visa Lottery Program applications. The Website provides a highly user friendly and interactive "do-it yourself" service that guides you through the application preparation process. The payment is received in exchange for the use of this service. This Website is not intended to create any attorney-client relationship, and by using this Website no attorney-client relationship will be created with Corporation. Instead, you are representing yourself in any legal matter you undertake through the Website's Services.
Diversity Lottery is not a Government Agency.
This Website is owned and operated by Corporation. All right, title and interest in and to the materials provided on this Website (excluding any Government forms and documents), including but not limited to information, documents, logos, graphics, sounds, and images (the "Materials") are owned either by Corporation or by its respective third party authors, developers, or vendors ("Third Party Providers"). Except as otherwise expressly provided by Corporation, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on this Website shall be construed to confer any license under any of Corporation's intellectual property rights, whether by estoppel, implication, or otherwise. Corporation deems the fair market value of the Website's pages that contain the Materials to be Six Thousand Dollars ($6,000) per page. As such, if you are interested in purchasing any of the Website's pages that contain the Materials, and are willing to pay the Corporation Six Thousand Dollars ($6,000) per page, please contact Corporation. However, the decision to sell any of the Website's web pages shall be exercised in Corporation's sole and absolute discretion. Any rights not expressly granted herein are reserved by Corporation.
The Website may contain links to other websites, which are completely independent of this Website. Corporation makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk.
Pricing and Fees
Prices represent application preparation fees payable to Corporation. Any additional processing and filing fees (if any) are payable to either the U.S. Citizenship or Immigration Services (formerly known as the INS) or the U.S. Department of State, as determined by the circumstances. These additional fees are not included in the Website's price, and must be paid separately if applicable.
Please note: the DOS does not charge a fee to enter the DV Lottery. Corporation is a private company and the fee paid to Corporation is for the handling and submitting of your application and is designed to cover Corporation's costs and time. Payment of all fees and charges to Corporation, if applicable, must be made by a valid credit or charge card and/or other forms of accepted payment as designated on the Website.
If you would like to request a refund of the fee you paid to the Company for use of the Service, your refund request must be made (i) within thirty (3) days of the original payment date and (ii) prior to the photo review being completed.
From time to time, Company may promote a special offer on its website or via email or any other place of its choice ("Special Offer"). If there is a conflict between these Terms and any such Special Offer, the Special Offer terms, conditions and refund policies shall apply.
Unless specifically stated to the contrary herein, all refunds will be calculated based on the purchase price paid at the time of purchase minus tax charge, bank or credit transaction charge and handling refund cost.
All approved refunds for credit and debit card transactions are issued within two (30) business days. However, please be aware that it can take your bank up to five (14) additional business days for the credit transaction to post to your credit card or bank account, or for the pending charge to be cancelled.
To request a refund please Contact Us.
Privacy and Information Disclosure
Limitations on Service
You acknowledge that Corporation may establish limits concerning use of the Service and reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, including but not limited to the Website's content, functionality or hours of availability, the equipment needed for its access or use, or its pricing.
You acknowledge that Corporation will submit your application for the DV Lottery Program electronically to the DOS, according to number of years you have elected to pay for the Service, but Corporation makes no guarantee of your being selected as a winner of the DV Lottery Program.
You acknowledge that it is your sole responsibility to check on the DOS website whether or not you have been selected as a winner of the DV Lottery Program once the results have been made public by the DOS, and further to comply with any subsequent requirements as directed by the DOS website in order to obtain a U.S. green card for you and/or your family.
Corporation shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Access to the Service
Corporation grants you a limited, revocable, nonexclusive license to access the Website and utilize the Service for your own personal use of the Service, and not to download or modify it, or any portion of it unless the Service specifically provides for as such. You agree that no Materials from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without Corporation's written permission. Modification or use of Materials on the Website for any purpose other than those permitted in this Agreement is a violation of Corporation's copyright, trademark and/or other rights. You shall not attempt to access any other Corporation's systems, programs or data that are not made available for public use.
Use of the Service beyond the scope of authorized access granted to you by Corporation immediately terminates said permission or license.
Termination of Service
You agree that Corporation, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Website immediately and without notice, for any reason, including, without limitation, if Corporation believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that Corporation shall not be liable to you or any third party for any termination of your access to the Website. Further, you agree not to attempt to use the Website after said termination.
Disclaimer of Warranties
The Corporation's Website provides a service designed to allow you to complete and file various governmental forms and applications. The Website uses the information provided on our wizard form to complete the information on the required governmental form(s). Corporation shall retain your completed and finalized forms for the shorter of the following time periods: a) until the expiration of the number of years that you have paid for the Corporation to submit your application to the DOS for the DV Lottery Program; b) until you have been selected as a winner of the DV Lottery Program; c) until the DV Lottery Program is discontinued by the DOS; or d) until you are no longer eligible to apply for the DV Lottery Program.
The Corporation is not a law firm and neither Corporation nor any of its employees provide legal services or legal advice. Further, no representations or warranties, express or implied, are given regarding the legal or other consequences resulting from the use of our services or forms.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT USE OF THE WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. CORPORTION ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE WEBSITE'S MATERIALS. THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. CORPORATION DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE WEBSITE'S MATERIALS. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, CORPORATION DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, CORPORATION DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, CORPORATION DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE OR THE SERVICE. CORPORATION MAKES NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED IN THE WEBSITE.
Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL CORPORATION BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold Corporation, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers and employees, harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of your use of the Service and/or the Website, your violation of the Terms, or your breach of any of the representations and warranties herein.
Corporation is not a law firm, the employees of Corporation are not acting as your attorney, and Corporation is not a substitute for the advice of an attorney. Corporation cannot provide legal advice and can only provide self-help services at your specific direction. Corporation does not perform the legal services that an attorney performs.
By using the Website to assist your self-representation, you agree to the following:
You are representing yourself in this legal matter; No attorney-client privilege is created with Corporation; You have been informed of the services that Corporation is performing, and the cost of these services; and No governmental entity or authority has evaluated or approved Corporation's knowledge or experience, or the quality of Corporation's services.
You acknowledge that you may obtain information regarding free or low-cost legal representation through a local bar association or legal aid foundation. Corporation is not permitted to engage in the practice of law including providing any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection of forms or strategies.