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Terms of Use
IMPORTANT - PLEASE READ CAREFULLY
Before reading the articles below, please note the following preliminary terms,
which constitute an inseparable part of the Terms of Use, and use some of the
definitions specified in Article 1 below:
The Terms of Use governs the use of Usafis Websites and Services, including
without limitation, any information or data embodied in or provided
by Usafis's Websites or Services.
As used in this Terms of Use, the terms you, your or user are synonymous,
and refer to the person using the Services in any way.
Important Notice
By visiting or using any of Usafis's Website or Services you acknowledge and aware that
Usafis is a private corporation and is not and do 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)
cancel, suspend, prohibit or otherwise prevent (the "Prevention Announcement") the Lottery Visa
Program or the Service, for reasons beyond Usafis Organization control, and will not provide
refund for payments that were made prior to any such Prevention Announcement.
Before you use or visit any of Usafis's Websites or Services, you must read, agree with
and accept all of the terms and conditions contained in the Terms of Use, which includes
those terms and conditions expressly set out below and those incorporated by reference.
It is your responsibility, as you read the Terms of Use, to also access and read the
information contained in the other pages and websites referred to in the Terms of Use,
as they constitute part of the Terms of Use and contain further terms and conditions
and other information which apply to you as a user of Usafis's Websites or Services.
Please note: underlined words and phrases are click-through links to these pages and websites.
The Terms of Use describes the terms and conditions applicable to your use of
Usafis's Websites and Services. If you do not unconditionally agree to be
bound by the Terms of Use you may not use or visit any of
Usafis's Websites or Services.
You acknowledge and agree that by visiting or using any of Usafis's Websites
or Services, you are entering into a legally binding contract that shall
govern any use of Usafis's Websites or Services 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 Services. 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.
If any limitation under any applicable law prevents or limits your ability to
be bound by the Terms of Use or any part thereof, you may not visit or use
any of Usafis's Websites or Services. By visiting or using any of Usafis's
Websites or Services you explicitly state that, you are in full compliance
of any law applicable, including without limitation, any applicable law
regarding limitation on you entering into agreements or using or visiting
any of Usafis's Websites or Services due to your age or any other limitation
regarding your use or visit of any of Usafis's Websites or Services.
1. Definitions
In the Terms of Use the following capitalized definitions are being used, singular as well as plural.
1.1. Usafis 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 Services or Services means any of Usafis services available
via any of Usafis's Website whether they are defined as Paid Services, as defined herein,
or any other services provided by Usafis.
1.4. Terms of Use or User Agreement means this document as may
be renewed, modified and/or amended from time to time.
1.5. 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.
2. License and Access. Usafis grants you with a limited license
to access and make personal use of Usafis's Websites and Services 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 Services or its
contents; any derivative use of any of Usafis's Websites or Services or its contents;
or any use of data mining, robots, or similar data gathering and extraction tools.
Any of Usafis's Websites or Services 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 Services 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 services or products including
without limitation, Usafis's Services 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. Any of Usafis's Websites and any
of Usafis's Services, and any part thereof, including without limitation logos, text
graphics, texts, buttons, icons, images, videos, sounds, names, 'look and fill', source
code and any and all Intellectual Property, embodied in the same, including, copyrights,
patents, trademarks, titles, or other proprietary information and/or any techniques,
algorithms, methods or processes contained in such, in whole or in part, in any form,
including without limitation, any component, modification, extraction or development
thereof made by Usafis or you or any third party, constitute trade secrets and proprietary
information of Usafis and Intellectual Property, and are protected as such by this Terms
of Use or by any applicable law.
You shall not make any use of such Usafis proprietary information and nothing in the Terms
of Use shall construed as giving you any licence or approval to do so.
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 Services 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 Services, 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 Services.
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 Services.
5. Paid Services. You acknowledge and agree that Usafis Organization is
a private company and that any fee you pay is in return for the handling and submitting of your
application and are designed to cover Usafis Organization costs and time. Payment of all fees
and charges to Usafis Organization, if applicable, must be made by a valid credit or charge
card and/or other forms of accepted payment as designated on the Website (hereinafter "Paid Services").
Such Paid Services are stipulated at Usafis's Website. You acknowledge that Usafis may, at its sole
discretion and without prior notice, condition the use (of all users or a group of users or your use specifically)
of any part or all the of its Websites or Services, to include payments, to exclude payments, change
or modify such Paid Services, turn unpaid services or Websites (or any part thereof) into Paid Services,
and vice versa. Any and all terms and condition in the Terms of Use, including without limitation, any
limitations or disclaimers of liability or of warranty, shall apply to the Paid Services, except if
explicitly stated to the contrary in the Terms of Use or in any additional terms and conditions brought
to your attention prior to such payments.
Subject to the terms and conditions of the Terms of Use 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.
6. Transactions, Payment Fraud and Collection.The user of the Service is
fully responsible for paying all monies owed to Usafis. User agree 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 make and any loss suffered by Usafis
as a consequence thereof. Usafis may, at its sole discretion, cease to provide the Services 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 Services.
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.
7. Privacy Policy Subject to the terms and conditions of the
Privacy Policy any communication or material
you post or transmit by or on any of Usafis's Websites or Services 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 Services.
8. No Warranties.
8.1. Usafis cannot guarantee that you shall always be able to communicate by using
any of Usafis's Websites or Services, 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 Services, 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 Services may 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 Services, including Paid Services,
or any parts thereof, for maintenance work, updates or for any other reason, or terminate any of such
Websites or Services, 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 Services may include a pre-release “beta” version of its
Websites and Services 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
Service, 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 Service does not guarantee a better or expedited handling.
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/area.
10. No Responsibility of Content.
10.1. Usafis's Websites and Services and all information, content, materials, products
and services included on or otherwise made available to you through any of Usafis's Websites or Services
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
Services or the information, content, materials, products or services included on or otherwise made
available to you through such Websites or Services. 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 Services is entirely the responsibility of the person or entity from whom such content originated.
Further, Usafis's Websites or Services may contain links to other websites, you acknowledge and agree that
the content of such is entirely the responsibility 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 Services.
10.2. 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
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 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 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 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.
11. Lawful purposes. You acknowledge and agree to use any of Usafis's
Websites or Services 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 Services
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 receive the Services and/or used
through the Website is not illegal and that you will not use the Services and/or the Websites
in any way as a money transfer system. You will not use the Services and/or the Websites 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 Services 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. The United States Government does not have a fee for
entering the DV Lottery. Refunds shall be given at the sole discretion of Usafis, and in any
event shall not exceed the amount actually paid by you for the remaining credit outstanding to you
with respect to any of the relevant Paid Service. Without derogating from any provision of the
Terms of Use, fees paid are not recoverable if Usafis suspects, at its sole discretion, that you
are in breach of the Terms of Use, including without limitation, creating any problems with any
of Usafis's Websites or Services or the use thereof, possible legal liabilities, infringing someone
else’s intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for
other similar reasons, or if filing of the lottery application
is made impossible by any events beyond the control of Usafis Organization Organization
(for example, including but not limited to act of war, acts of nature, changes in DV program
instructions such as eligibility, required details or other changes, technological limitations,
economical resources, legislative or procedural change and/or State Action).
By visiting or using any of Usafis's Websites or Services you understand and agree
to the refund policy specified herein.
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 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, Usafis Organization 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.
15. User ID and Password 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 any of Usafis's Websites or Services 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 Service, 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 6 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 this
service, you may do so by notifying Usafis.
18. Termination Without limiting other remedies, Usafis may limit, suspend,
or terminate your use of Usafis Websites or Services (including Paid Services) 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.
19. Breach Without derogating from or limiting our other remedies,
Usafis Organization 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 the Terms of Use or conduct
which, in Usafis Organization's judgment, interferes with the operation or use of the Service.
20. Economic Basis The limitations of damages or liability set forth in
the Terms of Use are fundamental elements of the basis of the bargain between Usafis Organization
and you. You acknowledge and agree that Usafis Organization would not be able to provide the
Service on an economic basis without such limitations .
21. Disclaimer of Warranties
21.1. The warranties stipulated in the Terms of Use, constitute the sole
warranties of Usafis's and any of its owners, subsidiaries, divisions, affiliates, officers,
directors, employees, agents, representatives, suppliers or licensors. Any warranties, expressed
or implied, including without limitation, any warranty of merchantability or fitness for particular
use or the legality of the any of Usafis's Websites or Services, not expressly granted by
Usafis are hereby disclaimed.
21.2. ANY OF USAFIS'S WEBSITES OR SERVICES
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 SERVICES, 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 SERVICES 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 SERVICES .
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. Indemnification
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, resulting 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 Services.
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 attorneys’
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 SERVICES.
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 SERVICES 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 SERVICES OR THE USE OR VISIT THEREOF IS TO CEASE USE
OF SUCH WEBSITES OR SERVICES.
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 Service, Usafis Organization's liability shall in no event exceed the lesser of (a) the amount
paid by you for the Service; or (b) €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.
In any case, all warranties or guarantees given or made by Usafis Organization with respect to
the Service (1) are for the benefit of registered users of the Service that comply with the
terms of the Terms of Use only and are not transferable, and (2) shall be null and void if you
breach any terms or conditions of the Terms of Use.
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, 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, 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. Miscellaneous
26.1. The Terms of Use set forth Usafis’s entire liability and your exclusive
remedy with respect to any use of or access of any of Usafis's Websites or Services, and is a
complete statement of the agreement between you and Usafis.
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.
26.3. The Terms of Use does not limit any rights that Usafis may have under
trade secret, copyright, patent or other laws. The employees of Usafis are not authorized to
make modifications to the Terms of Use, or to make any additional representations, commitments,
or warranties binding on Usafis, except for those made in writing signed by an authorized
officer of Usafis. If any provision of the Terms of Use is invalid or unenforceable under
applicable law, then it shall be, to the minimal extent possible, deemed omitted and the
remaining provisions will continue in full force and effect.
26.4. Usafis may, at its sole discretion, amend the Terms of Use at any time
by posting the amended Agreement on the relevant Usafis Website. Any amended Agreement shall
govern new user registrations from the date that it is posted on such Website. Existing users
shall be bound by the amended Agreement after the expiry of 14 days following the date of
a Notice and your continued use of the Software following such date shall mean that you
accept and agree to the amendments. No other amendment to the Terms of Use shall be effective.
26.5. The Terms of Use, and any rights and licenses granted hereunder,
may not be transferred or assigned by you, but may be assigned by Usafis without
restriction and without notice.
26.6. The original English version of the Terms of Use may have been translated
into other languages. In the event of inconsistency or discrepancy between the English version
and any other language version of the Terms of Use, the English language version shall prevail.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THE TERMS
OF USE AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY USING
ANY OF USAFIS'S WEBSITES OR SERVICES, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND
CONDITIONS AND GRANT TO USAFIS THE RIGHTS SET FORTH HEREIN.
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