DV Lottery’s Terms and Conditions

General

As used in this User Agreement, the terms you, your or user are synonymous, and refer to the person using the DV Lottery web site or the services offered theron (Services) in any manner. A registered user is a user that has provided DV Lottery all the information necessary in order to permit such person to submit immigration forms by using this web site or the services offered herin (Services) and has agreed to the terms and conditions of this User Agreement by clicking the "I agree" button. DV Lottery may, at its sole discretion, amend this User Agreement at any time by giving you notice ("Notice") by posting the amended User Agreement on the Site.  Any amended User Agreement will govern new user registrations from the date that it is posted on the Site.  Existing users will be bound by the amended User Agreement after the expiry of 14 days following the date of a Notice if the user continues using the site following such date. Your continued use of the Site following such date will mean that you accept and agree to the amendments.  No other amendment to this User Agreement will be effective.

DV Lottery’s 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.

DV LOTTERY 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 Green Card DV-Lottery 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 DV LOTTERY ARISING OUT OF YOUR USE OF THE SERVICE AND THE SITE AND THE INFORMATION AVAILABLE THEREON.

If, notwithstanding the other provisions of this User Agreement, DV Lottery is found to be liable to you for any damages or loss which arise out of or is any way connected with the use of this Site or the Service, Green Card DV-Lottery’s liability shall in no event exceed the greater of (a) the amount paid by you for the Service; or (b) US $59.00.

All warranties or guarantees given or made by DV Lottery with respect to the Service (1) are for the benefit of registered paying 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

DV Lottery and the Site do not guarantee continuous, uninterrupted or secure access to the Service; and operation of the Site may be interfered with by numerous factors outside of DV Lottery’s or the Site’s control.

Furthermore, DV Lottery 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 DV Lottery and you. You acknowledge and agree that DV Lottery would not be able to provide the Services on an economic basis without such limitations.

Information

Subject to the terms and conditions of the Security Statement, any communication or material you post or transmit to the Site will be treated as non-confidential and non-proprietary. You assume full responsibility for anything you post or transmit, and you grant DV Lottery 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 DV Lottery program. If you object to your Information being used in this manner, please do not register.

Please acknowledge that DV Lottery does 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, password, 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 Services 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 Green Card DV-Lottery, and interact in real-time. You agree not to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racial, ethnical 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 DV Lottery against any claim arising from any material that you post or transmit. Although DV Lottery 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, DV Lottery is under no obligation to do so. You acknowledge that DV Lottery 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. DV Lottery 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.

Security

DV Lottery and the Site take every precaution to protect users’ information. When users are asked to enter sensitive information (such as credit card number) such information is only entered directly on our Merchant site that is encrypted and protected with the encryption software SSL. While on our secure Merchant 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 Services, no credit card information is stored on the Site, DV Lottery 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 the 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 as part of the diversity lottery registration, DV Lottery does not want to receive confidential or proprietary information from you through the Site. Any non-personal information or material sent to DV Lottery will be deemed NOT confidential. By sending DV Lottery any non-personal information or material, you grant DV Lottery an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information. You also agree that DV Lottery is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.

Responsibility

It is your responsibility to provide all the required information and data on time. DV Lottery cannot guarantee to notify all applicants who are missing items. You acknowledge that you will not submit duplicate applications and DV Lottery will not be responsible for any such duplicate submissions.

No Guarantee of Winning

You understand that the DV Lottery Visa Program is a lottery and therefore there is no guarantee of your winning. All applications submitted, as well as applications submitted through this Site, receive an equal chance of winning the lottery. A governmental computer will randomly select eligible entrants.
DV Lottery is not involved in any way in the selection of winners. Choosing DV Lottery’s Services does not guarantee that you will win the lottery.
Applications submitted after the DV Lottery submission period will automatically be processed for the next lottery year.
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.

Use of Service

Subject to the terms and conditions of this User Agreement including, without limitation, the payment of the fee, a user may use the Services to register for the DV Lottery Program. The Service may be used only for its intended purpose.

You shall not attempt to access any other of DV Lottery 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 you 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 Services under your user identification number, and for maintaining the confidentiality of your user identification and password. For security purposes, unless otherwise noted, DV Lottery will not disclose your user identification or password if you loose it, or forget it, other than by sending it to your email address as provided during your registration.

Modifications

DV Lottery has the right at any time and for any reason to modify or discontinue any aspect or feature of the Services offered, including but not limited to its content, functionality, availability, or 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. DV Lottery 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 Green Card DV-Lottery or other third parties. You are not permitted to use the Marks without the prior written consent of DV Lottery or such third party who may own the Marks. Nothing contained in this Site should be construed as granting or permitting any right to use such trademarks.

Copyright Notice

The information on this Site is protected by copyright: Copyright © 2013 DV Lottery. All rights reserved.
The materials used and displayed on the Site, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music, sound, names, logos, trademarks and service marks, are the property of DV Lottery 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 DV Lottery or the appropriate affiliate.

Breach

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

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

Indemnification

You agree to indemnify, defend and hold harmless DV Lottery, its officers, directors, employees, owners, affiliates, agents, licensors and suppliers from and against any and all demands, losses, expenses, damages and costs, including reasonable attorneys’ fees, made against DV Lottery 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 Florida, USA without regard to its conflict of laws provisions. You agree to the personal jurisdiction and venue in Orlando, Florida 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 DV Lottery 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.

Private Entity

Please note that DV Lottery is a private entity and is not and does not proport to be, an official organization of the US Government or otherwise connected to the US Government in any way whatsoever. DV Lottery is not the Immigration and Naturalization Service (INS), or the United States Citizenship and Immigration Service (USCIS), or a law firm DV Lottery neither intends nor claims 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 DV Lottery Visa Program. DV Lottery and this 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 DV Lottery’s control, and will not provide refund for payments that were made prior to any such Prevention Announcement.

Fees & Refund Policy

Please note: The Government does not charge a fee for entering the Diversity Visa Lottery. DV Lottery is a private entity and the fee you pay is in return for the handling and submitting of your registration and is designed to cover DV Lottery’s costs and time. Payment of all fees and charges to DV Lottery, if applicable, must be made by a valid credit or charge card and/or other forms of accepted payment as designated on the Site.
Refunds will be given at the sole discretion of the DV Lottery management. Fees paid are not recoverable if filing of the lottery registration is made impossible by any events beyond the control of DV Lottery (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, submission of incorrect data, legislative or procedural change and/or State Action).By submitting your application and payment to DV Lottery, you understand and agree to the refund policy specified herein.

Miscellaneous

This User Agreement sets forth DV Lottery’s entire liability and your exclusive remedy with respect to the Services offered therein, and is a complete statement of the agreement between you and DV Lottery.

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 DV Lottery’s right to act with respect to subsequent or similar breaches.

This agreement does not limit any rights that DV Lottery may have under trade secret, copyright, patent or other laws. The employees of DV Lottery are not authorized to make modifications to this User Agreement, or to make any additional representations, commitments, or warranties binding on DV Lottery, except for those made in writing signed by an authorized officer of DV Lottery. 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.