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