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 MYUSGC Websites and Offered Products, whether in connection with MYUSGC Website, or otherwise , including without limitation, any information or data embodied in or provided by MYUSGC’s Websites or Offered Products.
As used in this Terms of Use, the terms “you”, “your” or “user” are synonymous, and refer to the person using the MYUSGC Websites, Offered Products and/or Software in any way.
Important Notice
By visiting or using any of MYUSGC’s Website or Offered Products or Software you acknowledge and are aware that MYUSGC 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. MYUSGC 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 MYUSGC 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 Lottery Visa Program. MYUSGC 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 use of MYUSGC’s Offered Products, or otherwise, for reasons beyond MYUSGC 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 MYUSGC’s Websites or Offered Products, 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 MYUSGC’s Websites or Offered Products.
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 MYUSGC’s Websites and Offered Products. If you do not unconditionally agree to be bound by the Terms of Use you may not use or visit any of MYUSGC’s Websites or Offered Products.
You acknowledge and agree that by visiting or using any of MYUSGC’s Websites or Offered Products, you are entering into a legally binding contract that shall govern any use of MYUSGC’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 MYUSGC’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.
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 MYUSGC’s Websites or Offered Products. By visiting or using any of MYUSGC’s Websites or Offered Products 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 MYUSGC’s Websites or Offered Products due to your age or any other limitation regarding your visit or use of any of MYUSGC’s Websites or Offered Products.
1. Definitions
In the Terms of Use the following capitalized definitions are being used, singular as well as plural.
1.1. “MYUSGC” or “MYUSGC Organization” means MYUSGC Org Inc. and/or any of its owners, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives or licensors. The myusgc.com website is owned by the EU company, AIS GLOBAL IMMIGRATION SOLUTIONS S.L, address: Calle Dr. Romagosa 5/1, 46002 Valencia, Spain.
1.2. “MYUSGC’s Websites” or “Site” or “Website” means any and all elements, contents and the ‘look and feel’ of the website available under the domain myusgc.com and all related sites owned, operated or controlled by MYUSGC.
1.3. “MYUSGC’s Offered Products” or “Offered Products” means the use of the Software, if applicable, and any of MYUSGC products and related services available via any of MYUSGC’s Website whether they are defined as “Paid Products”, as defined herein, or any other product provided by MYUSGC.
1.4 “MYUSGC’s Software” or “Software” means MYUSGC’s proprietary web based software.
1.5. “Terms of Use” or “User Agreement” means this document as may be renewed, modified and/or amended from time to time.
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 unpatentable 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.
1.8 “Application” refers to your information and photo, and the information and photo(s) of your family members (if applicable), that you provide the MYUSGC Organization, which are required by the US Government for submission to the US Diversity Visa Lottery (DV-Lottery) Program (also known as the “Green Card Lottery Program”) during the annual registration period. The information and photo(s) that you provide the MYUSGC Organization are carefully reviewed by our experts to make sure there are no mistakes and that your information and photo(s) meet the US Government’s standards for participation in the DV-Lottery Program. It is your responsibility to make sure that the information you provide us is accurate and current, and to update the information and/or photo(s) contained in your application if any changes occur, before the MYUSGC Organization submits your application to the DV-Lottery Program on your behalf during the annual registration period, the dates of which are determined and announced by the US Department of State. Soon after your application has been successfully submitted to the DV-Lottery Program, the MYUSGC Organization will provide you with your official Confirmation Number. The MYUSGC Organization will also promptly inform you if your application is randomly selected in the DV-Lottery so that you may have the opportunity to continue the US immigration procedure.
2. License and Access.
MYUSGC grants you with a limited license to access and make personal use of MYUSGC’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 MYUSGC’s Websites or Offered Products or its contents; any derivative use of any of MYUSGC’s Websites or Offered Products or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. Any of MYUSGC’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 MYUSGC’s Websites or Offered Products or any part thereof. You may not use any Meta tags or any other “hidden text” utilizing MYUSGC’s name or trademarks. You are granted with a limited, revocable, and nonexclusive right to create a hyperlink to the MYUSGC’s Website so long as the link does not portray MYUSGC or any of its products including without limitation, MYUSGC’s Offered Products or Websites or the Software, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any MYUSGC’s logo or other proprietary graphic or trademark, including without limitation, as part of a link, without MYUSGC’s express written permission.
You shall not attempt to access any other of MYUSGC Organization’s systems, programs or data that are not made available for public use.
3. Proprietary Information.
Any of MYUSGC’s Websites and any of MYUSGC’s Offered Products, and any part thereof, including without limitation logos, text graphics, texts, buttons, icons, images, videos, sounds, names, ‘look and feel’, 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 MYUSGC or you or any third party, constitute trade secrets and proprietary information of MYUSGC 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 MYUSGC proprietary information and nothing in the Terms of Use shall construed as giving you any license 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 MYUSGC’s Website’s or Offered Products or Software or any part thereof. The information on MYUSGC’s Website’s is protected by copyright: Copyright 2001 – 2017 MYUSGC Organization. All rights reserved.
4. Modifications and Updates.
4.1. MYUSGC has the right at any time and for any reason to modify or discontinue any aspect or feature of any of MYUSGC’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, MYUSGC, 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 MYUSGC’s Websites or Offered Products or Software. You acknowledge and agree that MYUSGC has no obligation to make available to you any subsequent or previous versions of any of MYUSGC’s Websites or Offered Products or Software.
5. Paid Services.
You acknowledge and agree that MYUSGC 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 MYUSGC Organization costs and time. Payment of all fees and charges to MYUSGC 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 Products”). Such Paid Products are stipulated at MYUSGC’s Website. You acknowledge that MYUSGC 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 Offered Products or Software, to include payments, to exclude payments, change or modify such Paid Products, turn unpaid Offered Products or Websites (or any part thereof) into Paid Products, 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 Products, 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 Software to prepare a Green Card Lottery application. The Offered Products and/or Software 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.
If any problem regarding any subject occurs, including financial reimbursement, please do not hesitate to contact customer service department. In case of solving the problem unilaterally by the customer through cancellation of transaction by the bank, MYUSGC reserve the right to contact the bank and submit re-presentment letter in order to claim for the funds back. MYUSGC may, at its sole discretion, cease to provide the Offered Products to certain users or to users paying with certain credit cards.
MYUSGC 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.
MYUSGC 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), MYUSGC reserves the right to block a user’s account and reverse any refund made, if any. MYUSGC 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 MYUSGC’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 MYUSGC’s Website’s or Offered Products.
8. No Warranties.
8.1. MYUSGC cannot guarantee that you shall always be able to communicate by using any of MYUSGC’s Websites or Offered Products or Software, nor can MYUSGC guarantee that you can communicate without disruptions, delays or communication-related flaws or that all your communication shall always be delivered. MYUSGC 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 MYUSGC.
8.2. MYUSGC shall not be responsible or held liable for any disturbances or malfunctions that any of MYUSGC’s Websites or Offered Products or Software 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. MYUSGC may suspend any of MYUSGC’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. MYUSGC shall not be liable or responsible with respect to or in connection with, such suspension or termination.
8.4. MYUSGC’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. MYUSGC is not involved in any way in the selection of winners. Choosing MYUSGC 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 MYUSGC, 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 MYUSGC authorized representative, as these messages are fraud!!!
9.3. Applications submitted after the MYUSGC Organization submission period will automatically be processed for the next lottery.
9.4. The eligibility requirements have been detailed and listed on the MYUSGC Website. It is up to you to review the requirements and ensure that you qualify within the guidelines.
10. No Responsibility of Content.
10.1. MYUSGC’s Websites and Offered Products and all information, content, materials, products and services included on or otherwise made available to you through any of MYUSGC’s Websites or Offered Products are provided on an “as is” basis. MYUSGC 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 MYUSGC’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 MYUSGC’s Websites or Offered Products or Software is entirely the responsibility of the person or entity from whom such content originated. Further, MYUSGC’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 MYUSGC shall not be liable for any type of communication spread by means any of MYUSGC’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 MYUSGC 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 MYUSGC 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 MYUSGC Organization against any claim arising from any material that you post or transmit. Although MYUSGC 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, MYUSGC Organization is under no obligation to do so.
10.5. You acknowledge that MYUSGC 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. MYUSGC 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 MYUSGC’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 MYUSGC’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 MYUSGC 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, MYUSGC 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 MYUSGC’s Websites or Offered Products must be made from the area you have registered from, you may not, by any means, cause MYUSGC 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 MYUSGC to be in violation of or non compliance with any applicable law for which you shall be fully responsible for.
13. Fees & Refund & Cancellation Policy.
Refunds shall be given at the sole discretion of MYUSGCs, 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 MYUSGCs suspects, at its sole discretion, that you are in breach of the Terms of Use, including without limitation, creating any problems with any of MYUSGCs 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 MYUSGCs (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 MYUSGCs Websites or Services you understand and agree to the refund policy specified herein.
If you decide to cancel your application you need to send us an email to [email protected] within 48 hours. We will then send you instructions on how to cancel your application and how to request a refund. An original signed letter of your cancellation will be needed and should ONLY be send to the address provide by our support team. We may reject any cancellation request however it is very unlikely if the letter is send within the 8 days.
As soon as you have uploaded a photo your rights to a refund will be waived as service has partly been provided by our team, however you might be entitled to a partly refund if requested within 8 days of payment. Applications that has been approved and pending submission to the US Government cannot be withdrawn and will be submitted before the upcoming lottery. Please make sure NOT to submit your own application as it will disqualified both applications. NO REFUND will be issued if you submit your application yourself.
14. Surcharge Policy
No additional charges other than package charges will apply to the customer.
15. Security: MYUSGC 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, MYUSGC 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.
16. 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 MYUSGC or United States Government employee). You are responsible for the use of any of MYUSGC’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, MYUSGC 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.
17. 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, MYUSGC does not want to receive confidential or proprietary information from you through the Site. Any non-personal information or material sent to MYUSGC will be deemed NOT to be confidential. By sending MYUSGC any non-personal information or material, you grant MYUSGC an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that MYUSGC Organization is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.
18. Use of Information.
Notwithstanding section 16 above, upon your registration you explicitly allow MYUSGC 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 MYUSGC.
19. Termination.
Without limiting other remedies, MYUSGC may limit, suspend, or terminate your use of MYUSGC 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. MYUSGC shall not be liable in respect to any damage caused by or arising from or in connection with the termination or suspension or restriction, irregardless of the reason thereof.
20. Breach.
Without derogating from or limiting our other remedies, MYUSGC Organization shall have the right to immediately terminate your access to or use of the Software and/or Offered Products in the event of any activities which are in breach of the Terms of Use or conduct which, in MYUSGC Organization’s judgment, interferes with the operation or use of the Software and/or Offered Products.
21. 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 the MYUSGC Organization and you. You acknowledge and agree that MYUSGC would not be able to provide the Offered Products on an economic basis without such limitations.
22. Disclaimer of Warranties.
22.1. The warranties stipulated in the Terms of Use, constitute the sole warranties of MYUSGC’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 any of MYUSGC’s Websites or Offered Products or Software, not expressly granted by MYUSGC are hereby disclaimed.
22.2. ANY OF MYUSGC’S WEBSITES OR OFFERED PRODUCTS OR SOFTWARE ARE PROVIDED AS IS, WITH NO WARRANTIES WHATSOEVER; MYUSGC 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 MYUSGC’S WEBSITES OR OFFERED PRODUCTS OR SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE. MYUSGC AND ANY OF ITS OWNERS, SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR LICENSORS FURTHER DO NOT REPRESENT OR WARRANT THAT THE MYUSGC’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 MYUSGC AND ANY OF ITS OWNERS, SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR LICENSORS WARRANT ANY SUCCESS OR ACCEPTANCE OF A VISA THROUGH ANY OF MYUSGC’S WEBSITES OR OFFERED PRODUCTS OR SOFTWARE.
22.3. MYUSGC’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.
23. Indemnification.
23.1. You agree to indemnify, defend and hold harmless MYUSGC, 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 MYUSGC by any third party due to or arising out of or in connection with your visit or use of any of MYUSGC’s Websites or Offered Products or Software.
232. You agree to defend, hold harmless and indemnify MYUSGC from and against any and all liabilities, damages, actions, costs, expenses, including without limitation attorney’s fees, resulting from or arising out of any and all third party claims, including without limitation your own.
23.3. 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.
24. Limitation of Liability.
24.1 YOU ACKNOWLEDGE AND AGREE THAT MYUSGC, 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 MYUSGC’S WEBSITES OR OFFERED PRODUCTS OR SOFTWARE.
24.2 IN NO EVENT SHALL MYUSGC, 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 MYUSGC’S WEBSITES OR OFFERED PRODUCTS OR SOFTWARE OR INABILITY TO USE SUCH, EVEN IF MYUSGC, ITS OWNERS, SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
24.3 YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY DAMAGE, PROBLEMS OR DISSATISFACTION IN CONNECTION WITH ANY OF MYUSGC’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.
24.4 IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS USER AGREEMENT, THE MYUSGC 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, MYUSGC 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.
24.5 IN ANY CASE, ALL WARRANTIES OR GUARANTEES GIVEN OR MADE BY THE MYUSGC ORGANIZATION WITH RESPECT TO THE WEBSITE, OFFERED PRODUCTS AND SOFTWARE (1) ARE FOR THE BENEFIT OF REGISTERED USERS OF THE OFFERED PRODUCTS THAT COMPLY WITH 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.
25. 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 advisers concerning your specific circumstances. MYUSGC disclaims any responsibility for the accuracy or adequacy of any positions taken by you in your applications.
26. 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 Spain without regard to its conflict of laws provisions. You agree to the personal jurisdiction by and venue in the District Court in Barcelona, Spain 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 MYUSGC 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.
27. Miscellaneous.
27.1. The Terms of Use set forth MYUSGC’s entire liability and your exclusive remedy with respect to any use of or access of any of MYUSGC’s Websites or Offered Products and Software, and is a complete statement of the agreement between you and MYUSGC.
27.2. 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.
27.3. The Terms of Use does not limit any rights that MYUSGC may have under trade secret, copyright, patent or other laws. The employees of MYUSGC are not authorized to make modifications to the Terms of Use, or to make any additional representations, commitments, or warranties binding on MYUSGC, except for those made in writing signed by an authorized officer of MYUSGC. 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.
27.4. MYUSGC may, at its sole discretion, amend the Terms of Use at any time by posting the amended Terms of Use on the relevant MYUSGC Website. Any amended Terms of Use shall govern new user registrations from the date that it is posted on such Website. Existing users shall be bound by the amended Terms of Use after the expiry of 14 days following the date of a Notice and your continued use of the Website following such date shall mean that you accept and agree to the amendments. No other amendment to the Terms of Use shall be effective.
27.5. The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MYUSGC without restriction and without notice.
27.6. 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 MYUSGC’S WEBSITES OR OFFERED PRODUCTS OR SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO MYUSGC THE RIGHTS SET FORTH HEREIN.
