Condiciones De Uso

These Terms of Use («Terms of Use» or «Agreement«) governs your engagement and use of https://usafis.es/ (“USAFIS Website(s)” or “Website” or “Site”) and the services offered by the Company (or third parties on its behalf) specializing in the Diversity Visa Lottery Program (“DV Program”) including Green Card application submission, online and offline consulting regarding immigration services as well as assistance with filling immigration documents, coordinating flights and providing assistance with finding an applicable job and residence (“Offered Products”).

The “USAFIS” brand, Website and Offered Products, including any web-based software therein (“Software”) are owned and developed by PRONET Online Marketing GmbH (“Company” or “us”). These Terms of Use are a legally binding and enforceable agreement between you (“Customer” or “you”) and the Company.

BY VISITING OR USING ANY OF THE USAFIS WEBSITES OR OFFERED PRODUCTS YOU HEREBY ACKNOWLEDGE THAT THE USAFIS BRAND AND WEBSITE, INCLUDING THE OFFERED PRODUCTS ARE OWNED BY THE COMPANY, A PRIVATE MARKETING CORPORATION, AND IS NOT AND DOES NOT PRETEND TO BE, AN OFFICIAL ORGAN OF THE UNITED STATES GOVERNMENT OR OTHERWISE CONNECTED TO THE UNITED STATES GOVERNMENT IN ANY WAY WHATSOEVER. USAFIS IS NOT PART OF THE UNITED STATES GOVERNMENT OR IMMIGRATION AUTHORITIES OR A LAW FIRM. EXCEPT FOR CERTAIN SERVICES WHICH SHALL BE GRANTED BY A LICENSED LAWYER, USAFIS NEITHER INTENDS NOR CLAIMS TO PROVIDE LEGAL ADVICE OR SOLUTIONS TO AN INDIVIDUAL’S SPECIFIC PROBLEMS.

Please note that at any time, and upon the approval of the government or legislative bodies, the United States Government has the authority to cancel or modify the various immigration terms and programs, including but not limited to the DV Program. The Company shall not be held responsible in case the Government of the United States cancels, suspends, prohibits or otherwise prevents the various immigration terms and programs or the Offered Products, for any reason, and will not provide refund for payments that were made prior to any such Prevention Announcement. You further acknowledge that the DV Program is based on a lottery and the Company does not guarantee the use of the Offered Products will increase the chance to win. Further, the Company is a privately-owned company. We are not a law firm and not in any way affiliated with the United States Government or the USCIS. You shall have to fill the form individually. You can enter the US Diversity Visa Lottery for free at: www.state.gov

IT IS HEREBY CLARIFIED THAT YOUR ENGAGEMENT WITH US IS ON A NON-EXECLUSIVE BASIS AND YOU MAY TERMINATE YOUR ENGAGEMENT AT ANY TIME, SUBJECT TO THE FULLFILMENT OF THE APPLICABLE TERMS OF THIS AGREEMENT. IN SUCH CASE, YOUR ENGAGEMENT WITH US WILL BE TERMINATED, SUBJECT TO FULFILLMENT OF ALL OF YOUR OBLIGATIONS DETAILED IN THE TERMS AND CONDITIONS.

By visiting the USAFIS Websites or using any of the services provided therein including the Offered Products, you declare that you read, agreed with and accepted 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 sole responsibility to read the Terms of Use or any other applicable information and policies provided by the Company.

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 the USAFIS Websites or Offered Products. By visiting or using the USAFIS 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 applied on your ability to enter into agreements or using or visiting the USAFIS Websites or Offered Products due to your age or any other applicable limitation.

1. The Service

1.1 The Offered Products include a variety of professional services and products to help you immigrate to the USA, such as: (i) simplifying the DV Program application process by assisting you in preparing your DV Program applications and photos in advance and according to the official US Government regulations; submitting the DV Program applications to the US State Department on your behalf during the brief registration period held once a year; notifying you promptly if you win so you can take the next steps to secure a USA Green Card, as the US Government does not contact winners and, therefore, our agents personally inform you if you were selected; (ii) providing assistance and customer service throughout this crucial Green Card application phase, assisting in correctly answering the application questions, etc.; (iii) providing you with a professional personalized assessment of your visa and immigration options and eligibility («Assessment«); (iv) reviewing your filling of the applicable forms (the forms shall be filled by you and not USAFIS) or providing customer support to ensure the application is compliant with the E-DV Program. All of the Green Card application forms are translated in a variety of languages and the relevant instructions are provided in order to simplify the Green Card application process as much as possible; (v) assistance in applying for other US immigration or non-immigrant visa programs; these include Employment-Based US immigration programs for a Permanent Resident Green Card, as well as several non-immigrant US visa programs; and (vi) additional services that are not directly related to your application or the immigration process, but might be helpful such as finding suitable job positions, residence and booking your flight to the USA.

1.2 It is hereby clarified that The Company is a marketing company and is not a representative or connected in any matter to the United States government or immigration authority and is not involved in any way in issuing immigration visas.

1.3 You hereby declare that you understand that using our services or choosing the Offered Products does not guarantee a better or expedited handling or increase the chance of winning.

2. License and Access

2.1 The Company grants you with a limited revocable, and nonexclusive license to access and make personal use of the Websites and Offered Products. You may not: (i) download (other than page caching) or modify it, or any portion of it; (ii) resale or commercially use the Websites or Offered Products or its contents; (iii) make any derivative use of the Websites or Offered Products or its contents; (iv) make any use of data mining, robots, or similar data gathering and extraction tools. Any of the Websites or Offered Products or any portion thereof may not (v) be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose; (vi) be framed or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Websites or Offered Products or any part thereof; (vii) use the Company’s logo or other proprietary graphic or trademark (including USAFIS’s name), without the Company’s express written permission; (viii) intercept or monitor, damage or modify any communication which is not intended for you; (ix) 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 the USAFIS Websites or Offered Products or Software or the communication; (x) send any unsolicited commercial communication not permitted by applicable law; (xi) 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; (xii) use the Offered Products and/or the Software and/or the Websites in any way as a money transfer system unlawful or fraudulent activity or prohibited transaction (including money laundering) under any law.

3. Proprietary Information

3.1 The Websites and any of the 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 the Company, constitute our trade secrets, proprietary information and Intellectual Property (as defined by applicable laws and regulations), and are protected as such by this Terms of Use or by any applicable law.

3.2 You shall not make any use of the Company’s proprietary information and nothing in the Terms of Use shall be construed as giving you any license or approval to make any use of the Company’s proprietary information.

3.3 You shall not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any of the Website’s or Offered Products or Software or any part thereof.

3.4 This Terms of Use does not limit any rights that the Company may have under trade secret, copyright, patent or other laws. The employees of the Company are not authorized to make modifications to the Terms of Use, or to make any additional representations, commitments, or warranties binding on the Company, except for those made in writing signed by an authorized officer of the Company. 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.

4. Modifications and Updates

4.1 The Company has the right at any time and for any reason to modify or discontinue any aspect or feature of any of the USAFIS Websites, Offered Products or Software, including but not limited to its content, functionality, availability, or its pricing.

4.2 Without derogating from the above said, the Company, 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 the USAFIS Websites, Offered Products or Software. You acknowledge and agree that the Company has no obligation to make available to you any subsequent or previous versions of any of the Websites, Offered Products or Software.

5. Fees and Payments

5.1 Any government fees, if applicable shall be paid by you. Further, certain services we provide require a fee, either directly to us or to our third-party service providers. Fees and payments are not refundable, except as set forth in section 5.2 below.

5.2 Regardless of the Offered Products you choose to purchase, you have a right to a fourteen (14) day cooling-off period in accordance with applicable consumer law (“Cooling off Period”). The Cooling off Period shall apply from the date you purchased the Offered Product. However, if you use the services in any way, by filling in the application, using our assessment services or any other services, you hereby agree that you forfeit the right to cancel during the Cooling off Period and are not entitled to receive a refund.

5.3 Payment of all fees and charges to the Company, if applicable, must be made by a valid credit or charge card or other forms of accepted payment as designated on the Website. You acknowledge that the Company 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 of its Websites or Offered Products, to include payments, to exclude payments, change or modify such payments for Offered Products, turn unpaid products or Websites (or any part thereof) into paid Products, and vice versa.

5.4 The Company reserves the right to use third party electronic payment processors or financial institutions to process payments made by you.

5.5 You hereby acknowledge and agree that the Company has and shall have the right to perform credit checks on all users with third party credit agencies, on the basis of the information provided to us on an application or by you in any other manner.

5.6 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), the Company reserves the right to block a user’s account and reverse any refund made, if any. The Company 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.

5.7 Your credit statements will appear as: “USAFIS.org”

5.8 If any problem regarding any subject occurs, including financial reimbursement, please do not hesitate to contact our Customer Service Department at: CSR@USAFIS.org or +1-646-517-6786. In case of solving the problem unilaterally by you through cancellation of a transaction by the bank or credit card company, we reserve the right to contact the bank and submit a re-presentment letter in order to claim for the funds back. We may, at our sole discretion, cease to provide the Offered Products or Software to certain users or to users paying with certain credit cards.

6. Privacy Policy

6.1 We respect your privacy and are committed to protect information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use the Website and Offered Products. Our policy and practices and the type of information collected are described in our Privacy Policy available at: https://usafis.es/politica-de-privacidad/

7. Support

7.1 We shall provide you without charge with reasonable support as shall be required according to our sole discretion. The Support shall be available to you by phone or by any means available to us subject to our sole discretion.

7.2 You hereby acknowledge and agree that in the case in which the support provided by us is provided by phone call, the phone call may be executed through a call center which is not obligated to be operated from the United States, therefore, the phone call may be executed from US phone numbers which are located outside the USA.

7.3 Notwithstanding the above, we do not guarantee to provide you with any support or that the support provided to you by us will resolve the matter for which the support was requested.

8. No Warranties

8.1 The USAFIS Website, Offered Products and Software are provided ‘as-is’. The Company cannot guarantee that you shall always be able to communicate with us by using any of the USAFIS Websites or Offered Products or Software, nor can the Company guarantee that you can communicate without disruptions, delays or communication-related flaws or that all your communication shall always be delivered. We 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 the Company.

8.2 The Company shall not be responsible or held liable for any disturbances or malfunctions that any of the USAFIS 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 The Company may suspend any of the USAFIS Websites or Software or Offered Products, or any parts thereof, for maintenance work, updates or for any other reason, or terminate any of such Websites or Software or Offered Products, all at its sole discretion, without any prior notice. The Company shall not be liable or responsible with respect to or in connection with, such suspension or termination.

9. No Guarantee of Visa Acceptance

9.1 You understand that the Company is not related to the United States Government or immigration authority. All applications submitted, as well as applications submitted through the Offered Products and/or Software, receive an equal treatment by the USA authorities.

10. Termination

10.1 Without limiting other remedies, the Company may limit, suspend, or terminate your use of USAFIS Websites or Software or Offered Products and delete your account (as detailed in the Company’s Privacy Policy), 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.

10.2 The Company shall not be liable in respect to any damage caused by or arising from or in connection with the termination or suspension or restriction, regardless of the reason thereof.

11. Disclaimer of Warranties

11.1 The warranties stipulated in the Terms of Use, constitute the sole warranties of the Company 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 the USAFIS Websites or Offered Products or Software, not expressly granted by the Company are hereby disclaimed.

11.2 ANY OF THE USAFIS WEBSITES OR OFFERED PRODUCTS OR SOFTWARE ARE PROVIDED ‘AS IS’, WITH NO WARRANTIES WHATSOEVER; THE COMPANY 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 THE USAFIS WEBSITES OR OFFERED PRODUCTS OR SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE. THE COMPANY 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 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 THE COMPANY 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 THE USAFIS WEBSITES OR OFFERED PRODUCTS OR SOFTWARE.

11.3 The USAFIS 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.

12. Indemnification

12.1 You agree to indemnify, defend and hold harmless the Company, 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 the Company by any third party due to or arising out of or in connection with your visit or use of any of the USAFIS Websites or Offered Products of Software.

12.2 You agree to defend, hold harmless and indemnify the Company 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.

12.3 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.

13. Limitation of Liability

13.1 YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY, 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 THE USAFIS WEBSITES OR OFFERED PRODUCTS OR SOFTWARE.

13.2 IN NO EVENT SHALL THE COMPANY, 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 THE USAFIS WEBSITES OR OFFERED PRODUCTS OR SOFTWARE OR INABILITY TO USE SUCH, EVEN IF THE COMPANY, ITS OWNERS, SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.3 YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY DAMAGE, PROBLEMS OR DISSATISFACTION IN CONNECTION WITH ANY OF THE USAFIS WEBSITES OR OFFERED PRODUCTS OR SOFTWARE OR THE USE OR VISIT THEREOF IS TO CEASE USE OF SUCH WEBSITES OR OFFERED PRODUCTS OR SOFTWARE.

13.4 If, notwithstanding the other provisions of this Agreement, The Company 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, the Company’s liability shall in no event exceed the lesser of (a) the amount paid by you; or (b) $50.00 (US Dollar). 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 the Company with respect to the Offered Product (1) are for the benefit of registered users of the Offered Product 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.

14. Governing Law

14.1 You agree that all matters relating to your access to or use of the Site, Offered Products and/or Software, including all disputes, will be governed by the laws of Austria without regard to its conflict of law’s provisions. You agree to the personal jurisdiction by and venue in Austria and waive any objection to such jurisdiction or venue. Any claim under this 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 the Company and you arising out of or in connection with your use of the Site, Offered Products and/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.

15. Miscellaneous

15.1 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.

15.2 If you have any questions or comments concerning this Agreement, you are welcome to contact us by the means further detailed under the «Contact Us» webpage in the Site.

15.3 We may, at our sole discretion, amend the Terms of Use at any time by posting the amended Terms of Use on the relevant USAFIS 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 the posting of the amended Terms of Use in the Website 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.

15.4 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 THE USAFIS WEBSITES OR OFFERED PRODUCTS OR SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO THE COMPANY THE RIGHTS SET FORTH HEREIN.