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USER AGREEMENT
Welcome to the User Agreement for www.GCUS.org
and all related sites owned, operated or controlled by "Gcus Organization"
("User Agreement").
This User Agreement describes the terms and conditions applicable to your use of
our services available under the domain www.GCUS.org
and all related sites owned, operated or controlled by "Gcus Organization"
(the "Site"). If you do not agree to be bound by this User
Agreement and do not indicate your unconditional acceptance of the terms and conditions
contained herein by clicking the "I agree" button, you may not use or
access our services.
Before you may become a user of the Site, you must read, agree with and accept all
of the terms and conditions contained in this User Agreement, which includes those
terms and conditions expressly set out below and those incorporated by reference.
We strongly recommend that, as you read this User Agreement, you also access and
read the information contained in the other pages and websites referred to in this
document, as they contain further terms and conditions and other information which
apply to you as a Gcus Organization user. Please note: underlined words and phrases
are click-through links to these pages and websites.
Definitions used in this document
"Gcus Organization"
Gcus Organization and/or any of its owners, subsidiaries, divisions, affiliates,
officers, directors, employees, agents, representatives or licensors.
"Service"
The services provided by Gcus Organization under this User Agreement.
General
As used in this User Agreement, the terms you, your or user are synonymous, and
refer to the person using the Services in any way.
A registered user is a user that has provided Gcus Organization all the information
necessary in order to permit such person to submit immigration forms by using the
Services and has agreed to the terms and conditions of this User Agreement by clicking
the "I agree" button.
Gcus Organization 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 and 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.
Important Notice
Please note that Gcus Organization 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. Gcus Organization is not the Immigration
and Naturalization Service (INS), or the Bureau of Citizenship and Immigration Services
(BCIS), or a law firm. Gcus Organization 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.
Gcus 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 Gcus Organization control, and will
not provide refund for payments that were made prior to any such Prevention Announcement.
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. Gcus Organization doES not endorse and will not be responsible
for the accuracy or reliability of any opinion, advice or statement on the Service
or the Site.
Gcus ORGANIZATION 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 GCUS ORGANIZATION 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 Gcus Organization arising
out of your use of the Service and the Site and the information available thereon.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS
ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF
THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS
MAY NOT APPLY AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
If, notwithstanding the other provisions of this User Agreement, Gcus 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, Gcus Organization's
liability shall in no event exceed the greater of (a) the amount paid by you
for the Service; or (b) €50.00. Some jurisdictions do not allow limitations
liability, so the foregoing limitation may not apply to you.
In any case, all warranties or guarantees given or made by Gcus Organization with
respect to the Service (1) are for the benefit of registered users of the Service
that comply with the terms of this User Agreement only and are not transferable,
and (2) shall be null and void if you breach any terms or conditions of this User
Agreement
B. Communication Problems
Gcus Organization or the Site does not guarantee continuous, uninterrupted or
secure access to the Service, and operation of the Site may be interfered with by
numerous factors outside of Gcus Organization or the Site's control.
Furthermore, Gcus Organization 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 Gcus Organization and you. You acknowledge
and agree that Gcus Organization would not be able to provide the Service on an
economic basis without such limitations.
Information you post
Subject to the terms and conditions of the
Privacy Statement any communication or material you post or transmit to
the Service and/or the Site will be treated as non-confidential and non-proprietary.
You assume full responsibility for anything you post or transmit, and you grant
Gcus 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.
Please acknowledge that Gcus Organization do not review or monitor any web sites
linked to the Site and are not responsible for the content of any such linked web
sites. Your linking to such web sites is at your own risk.
You should be aware that if you voluntarily disclose personal information (e.g.
user name, email address) on a bulletin board, chat room or on any other user or
member generated pages, that information can be collected and used by others and
may result in unsolicited messages from other parties.
The Service and the Site may include bulletin boards, chat rooms and other user
and member created pages which allow you and other users and members to post information,
provide feedback to Gcus 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 Gcus Organization
against any claim arising from any material that you post or transmit. Although
Gcus Organization 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, Gcus Organization is under no obligation to do so. You acknowledge
that Gcus 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. Gcus 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.
Security
Gcus 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, Gcus 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.
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, Gcus Organization
does not want to receive confidential or proprietary information from you through
the Site. Any non-personal information or material sent to Gcus Organization will
be deemed NOT to be confidential. By sending Gcus Organization any non-personal
information or material, you grant Gcus Organization an unrestricted, irrevocable
license to use, reproduce, display, perform, modify, transmit and distribute those
materials or information, and you also agree that Gcus Organization is free to
use any ideas, concepts, know-how or techniques that you send us for any purpose.
Your responsibility
It is your responsibility to provide all the requirements on time.
Gcus Organization cannot guarantee to notify all applicants who are missing items.
You acknowledge that you will not submit duplicate applications and Gcus Organization
will not be responsible for any such submissions.
Fees & refund policy
Please note: The Government does not have a fee for entering the DV Lottery.
Gcus Organization is a private company and the fee you pay is in return for the
handling and submitting of your application and is designed to cover Gcus Organization
costs and time. Payment of all fees and charges to Gcus Organization, 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 Gcus Organization Management.
Fees paid are not recoverable if filing of the lottery application is made
impossible by any events beyond the control of Gcus 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 submitting your application and payment to Gcus Organization you understand
and agree to the refund policy specified herein.
No guarantee of winning
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.
Gcus Organization is not involved in any way in the selection of winners. Choosing
Gcus Organization Service does not guarantee a better or expedited handling.
Applications submitted after the Gcus Organization submission period will automatically
be processed for the next lottery.
The eligibility requirements have been detailed and listed on this web page. It
is up to you to review the requirements and ensure that you qualify within the guidelines.
If you have any questions, please visit the
http://www.GCUS.org/helpdesk/ area.
Use of Service
Subject to the terms and conditions of this User Agreement including, without limitation,
the payment of the fee, a user can use the Service to prepare a Green Card Lottery
application. The Service may be used only for its intended purpose, and may not
be used to prepare immigration forms, supporting documents or letters on a professional
basis.
You shall not attempt to access any other of Gcus Organization's systems,
programs or data that are not made available for public use.
You are the only person authorized to use your user identification and password,
and are not allowed to permit or allow other persons to have access to or use the
same. You are responsible for the use of the Service under your user identification
number, and for maintaining the confidentiality of your user identification and
password. For security purposes, unless otherwise noted, Gcus Organization will
not disclose your user identification or password if you lose or forget it other
than by sending it to your email address as provided during registration.
Modifications
Gcus Organization has the right at any time and for any reason to modify or discontinue
any aspect or feature of the Service, including but not limited to its content,
functionality, availability, or its pricing.
Immigration Laws and Regulations
Immigration laws and regulations change frequently and their application can vary
widely based upon the specific facts and circumstances involved. You are responsible
for consulting with your own professional immigration advisors concerning your specific
circumstances. Gcus Organization 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 Gcus Organization or other third parties.
You are not permitted to use the Marks without the prior written consent of Gcus
Organization or such third party which may own the Marks. "Gcus Organization"
is a registered trademark of Gcus Organization. Other product and company names
mentioned herein may be the trademarks of their respective owners. Nothing contained
in these Web pages should be construed as granting or permitting any right to use
such trademarks.
Copyrights Notice
The information on this Web site is protected by copyright: Copyright � 1998 - 2007
Gcus Organization. All rights reserved.
The materials used and displayed on the Service and the Site, including but not
limited to text, software, photographs, graphics, illustrations and artwork, video,
music and sound, and names, logos, trademarks and service marks, are the property
of Gcus Organization 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 Gcus Organization or the appropriate affiliate.
Breach
Without derogating from or limiting our other remedies, Gcus 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 this agreement or conduct which,
in Gcus Organization's judgment, interferes with the operation or use of the
Service (e.g., excessive usage of the Service which disrupts the use of the Service
by other users).
Termination of this User Agreement automatically terminates your license and authorization
to use and/or access Service and any content or other material contained therein.
Indemnification
You agree to indemnify, defend and hold harmless Gcus Organization, its officers,
directors, employees, affiliates, agents, licensors and suppliers from and against
all demands, losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting made against Gcus Organization 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 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 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 Gcus Organization and you arising
out of or in connection with your use of the Site, the parties shall attempt, promptly
and in good faith, to resolve any such dispute. If we are unable to resolve
any such dispute within a reasonable time (not to exceed thirty (30) days, then
either party may submit such controversy or dispute to mediation. If the dispute
cannot be resolved through mediation, then the parties shall be free to pursue any
right or remedy available to them under applicable law.
Miscellaneous
This User Agreement set forth Gcus Organization�s entire liability and your exclusive
remedy with respect to the Service, and is a complete statement of the agreement
between you and Gcus Organization.
Headings are for reference purposes only and in no way define, limit, construe or
describe the scope or extent of such section. Our failure to act with respect to
a breach by you or others does not waive our right to act with respect to subsequent
or similar breaches.
This agreement does not limit any rights that Gcus Organization may have under
trade secret, copyright, patent or other laws. The employees of Gcus Organization
are not authorized to make modifications to this User Agreement, or to make any
additional representations, commitments, or warranties binding on Gcus Organization,
except for those made in writing signed by an authorized officer of Gcus Organization.
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.
(Version 4.0 - Last updated July 30, 2006)
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