These terms and conditions (“Terms of Use” or “Agreement”) govern your access to and use of the DV Program website (the “Website”) and the wide range of services offered by the Company (or third parties on its behalf) related to the Diversity Visa Lottery Program (“DV Program”). These services include:
- Green Card application submission: The Company can help you with the entire Green Card application process, from filling out the forms to submitting them to USCIS.
- Online and offline immigration consulting: The Company’s experienced immigration consultants can provide you with guidance and support on all aspects of the immigration process.
- Assistance with filling out immigration documents: The Company can help you to complete all of the required immigration forms accurately and efficiently.
- Flight coordination: The Company can help you to book flights and arrange travel to the United States.
- Assistance with finding a job and housing: The Company can help you to find a job and housing in the United States.
It is important to note that the Company is not a law firm and does not provide legal advice. If you have any specific legal questions about the immigration process, you should consult with a licensed attorney.
The DVPROGRAM brand, website, and offered products, including any web-based software therein (software), are the property of and were created by FBG Holding LLC (company or we). These Terms of Use are a legally binding and enforceable contract between you (customer or you) and the company.
BY VISITING OR USING ANY OF THE DVPROGRAM WEBSITES OR OFFERED PRODUCTS, YOU ACKNOWLEDGE THAT THE DVPROGRAM BRAND AND WEBSITE, INCLUDING THE OFFERED PRODUCTS, ARE OWNED BY THE COMPANY, A PRIVATE MARKETING CORPORATION, AND IS NOT AND DOES NOT CLAIM TO BE AN OFFICIAL ORGAN OF THE UNITED STATES GOVERNMENT OR OTHERWISE CONNECTED TO THE UNITED STATES GOVERNMENT IN ANY WAY. DVPROGRAM 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, DVPROGRAM NEITHER INTENDS NOR CLAIMS TO PROVIDE LEGAL ADVICE OR SOLUTIONS TO AN INDIVIDUAL’S SPECIFIC PROBLEMS.
Please note that the United States Government has the power to cancel or change any immigration terms and programs, including the DV Program, at any time, with the approval of the government or legislative bodies. The Company will not be held responsible if the United States Government cancels, suspends, prohibits, or otherwise prevents any immigration terms and programs or the Offered Products, for any reason, and will not provide a refund for payments made prior to any such announcement. You also acknowledge that the DV Program is a lottery and that using the Offered Products does not guarantee that you will win. Additionally, the Company is a private company. We are not a law firm and are not affiliated with the United States Government or the USCIS in any way. You must fill out the form yourself. 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 DVPROGRAM websites or using any of the services provided there, including the Offered Products, you declare that you have read, agreed to, and accepted all of the terms and conditions contained in the Terms of Use. This includes the terms and conditions that are explicitly stated below and those that are incorporated by reference. It is your sole responsibility to read the Terms of Use and any other relevant information and policies provided by the Company.
If any applicable law prevents or limits your ability to be bound by the Terms of Use or any part of them, you may not visit or use the DVPROGRAM websites or Offered Products. By visiting or using the DVPROGRAM websites or Offered Products, you explicitly declare that you are in full compliance with all applicable laws, including any applicable laws that restrict your ability to enter into agreements or use or visit the DVPROGRAM websites or Offered Products due to your age or any other applicable limitation.**
- The Service
- The Offered Products include a variety of professional services and products to help you immigrate to the United States, such as:
- Simplifying the DV Program application process:
- Helping you prepare 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, DVPROGRAM agents personally inform you if you were selected.
- Providing assistance and customer service throughout this crucial Green Card application phase:
- Helping you correctly answer the application questions.
- Providing you with a professional personalized assessment of your visa and immigration options and eligibility (Assessment):
- Reviewing your filling of the applicable forms (the forms shall be filled by you and not DVPROGRAM) 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.
- 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.
- 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.
- 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.
- 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.
- License and Access
- The Company grants you a limited, revocable, and nonexclusive license to access and use the Websites and Offered Products for personal purposes only. You may not:
- Download (other than page caching) or modify the Websites or Offered Products, or any part thereof.
- Resale or commercially use the Websites or Offered Products, or its contents.
- Create derivative works from the Websites or Offered Products, or its contents.
- Use data mining, robots, or similar data gathering and extraction tools.
- Reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit the Websites or Offered Products, or any portion thereof, for any commercial purpose.
- Frame or use 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.
- Use the Company’s logo or other proprietary graphic or trademark (including DVPROGRAM’s name) without the Company’s express written permission.
- Intercept or monitor, damage, or modify any communication which is not intended for you.
- 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 DVPROGRAM Websites or Offered Products or Software or the communication.
- Send any unsolicited commercial communication not permitted by applicable law.
- 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.
- 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.
- Proprietary Information
- The Websites, Offered Products, and all parts thereof, including logos, text, graphics, text, buttons, icons, images, videos, sounds, names, “look and feel”, source code, and any and all Intellectual Property (as defined by applicable laws and regulations), including copyrights, patents, trademarks, titles, or other proprietary information and/or any techniques, algorithms, methods, or processes contained therein, in whole or in part, in any form, including any component, modification, extraction, or development thereof made by the Company, are the Company’s trade secrets, proprietary information, and Intellectual Property, and are protected as such by this Terms of Use or by any applicable law.
- You shall not use the Company’s proprietary information in any way, and nothing in the Terms of Use shall be construed as granting you any license or approval to do so.
- You shall not modify, create derivative works of, translate, reverse engineer, decompile, disassemble, or hack any of the Websites, Offered Products, or Software, or any part thereof.
- This Terms of Use does not limit any rights that the Company may have under trade secret, copyright, patent, or other laws. The Company’s employees 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.
- The information provided on the DVPROGRAM Websites is protected by copyright: Copyright © FBG Holding LLC All rights reserved.
- Modifications and Updates
- The Company has the right to change or stop any part or feature of any of the DVPROGRAM Websites, Offered Products, or Software at any time and for any reason, including but not limited to the content, how it works, when it is available, or how much it costs.
- Without prejudice to the foregoing, the Company reserves the right to add new features or functions, remove or change existing features or functions, or provide bug fixes, updates, and upgrades to any of the DVPROGRAM Websites, Offered Products, or Software at its sole discretion. You acknowledge and agree that the Company is not obligated to provide you with any subsequent or previous versions of any of the Websites, Offered Products, or Software.
- Fees and Payments
- You are responsible for any applicable government fees. Additionally, some of the services we offer require a fee, which can be paid directly to us or to one of our third-party service providers. Fees and payments are non-refundable, except as specified in section 5.2 below.
- Regardless of the Offered Products you choose to purchase, you have a fourteen (14) day cooling-off period under applicable consumer law (“Cooling-off Period”). The Cooling-off Period begins on the day you purchase the Offered Product. However, if you use any of the services in any way, such as by filling out the application, using our assessment services, or any other services, you agree that you forfeit the right to cancel during the Cooling-off Period and are not entitled to a refund.
- All fees and charges payable to the Company, if applicable, must be paid by a valid credit or charge card or other accepted forms of payment as listed on the Website. You acknowledge that the Company may, at its sole discretion and without prior notice, require or remove payment requirements for any part or all of its Websites or Offered Products, for all users or a group of users, or specifically for you. The Company may also change or modify the fees for Offered Products, convert unpaid products or Websites (or any part thereof) into paid Products, and vice versa.
- The Company reserves the right to use third-party electronic payment processors or financial institutions to process payments made by you.
- 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 reporting agencies, based on the information provided to us on an application or by you in any other way.
- In the event of suspected or fraudulent payment, including the use of stolen credit cards or any other fraudulent activity (including any chargeback or other reversal of a payment), the Company reserves the right to block a user’s account and reverse any refund that has been issued. The Company shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity, and may use collection services to recover payments.
- Your credit statements will appear as: “DVPROGRAM.com”
- If any problem regarding any subject occurs, including financial reimbursement, please do not hesitate to contact our Customer Service Department at: [email protected] . 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.
- Privacy Policy
- We respect your privacy and are dedicated to safeguarding the information you share with us. We believe that you have the right to know how we collect and use your information when you connect to, access, or use the Website and Offered Products. Our policies and practices, as well as the types of information we collect, are described in our Privacy Policy, which can be found at https://dvprogram.com/privacy-policy/
- Support
- We will provide you with reasonable support at no additional cost, as we see fit. This support may be provided by phone or by any other means at our sole discretion.
- You acknowledge and agree that if support is provided by phone, it may be done through a call center that is not required to be located in the United States. Therefore, the phone call may be made from a US phone number that is located outside of the United States.
- Despite the above, we do not guarantee that we will provide you with any support or that the support we provide will resolve the issue for which support was requested.
- No Warranties
- The DVPROGRAM Website, Offered Products, and Software are provided “as is.” The Company cannot guarantee that you will always be able to communicate with us using any of the DVPROGRAM 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 of your communication will always be delivered. We will 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.
- The Company shall not be responsible or held liable for any disturbances or malfunctions that any of the DVPROGRAM 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.
- The Company may suspend any of the DVPROGRAM 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.
- No Guarantee of Visa Acceptance
- You acknowledge that the Company is not affiliated with the United States Government or immigration authorities. All applications submitted, including those submitted through the Offered Products and/or Software, receive fair treatment from the US authorities.
- Termination
- Without limiting other remedies, the Company may restrict, stop, or end your use of the DVPROGRAM 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, for any reason or no reason, and without any way to challenge it, with immediate effect and without any prior notice.
- The Company shall not be responsible for any damage caused by or resulting from or in connection with the termination or suspension or restriction, regardless of the reason for it.
- Disclaimer of Warranties
- The warranties set forth in the Terms of Use are the only warranties provided by the Company and any of its owners, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives, suppliers, or licensors. The Company hereby disclaims any warranties, express or implied, including but not limited to any warranty of merchantability, fitness for a particular purpose, or the legality of any of the DVPROGRAM Websites, Offered Products, or Software, that are not expressly granted by the Company.
- ALL OF THE DVPROGRAM WEBSITES, OFFERED PRODUCTS, OR SOFTWARE ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES WHATSOEVER. THE COMPANY AND ANY OF ITS OWNERS, SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, OR LICENSORS MAKE NO WARRANTIES, CLAIMS, OR REPRESENTATIONS WITH RESPECT TO ANY OF THE DVPROGRAM WEBSITES, OFFERED PRODUCTS, OR SOFTWARE, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO 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 DVPROGRAM WEBSITES, 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 DVPROGRAM WEBSITES, OFFERED PRODUCTS, OR SOFTWARE.
- The DVPROGRAM 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.
- Indemnification
- You agree to compensate, defend, and protect the Company, its owners, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives, suppliers, or licensors from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, made against the Company by any third party due to, arising out of, or in connection with your visit or use of any of the DVPROGRAM Websites, Offered Products, or Software.
- You agree to defend, protect, and compensate the Company from and against any and all liabilities, damages, actions, costs, and expenses, including but not limited to attorneys’ fees, resulting from or arising out of any and all third-party claims, including but not limited to your own.
- Because some jurisdictions do not allow some of the exclusions or limitations set forth above, some of these exclusions or limitations may not apply to you. In such an event, the liability will be limited to the fullest extent permitted by law under the applicable legislation.
- Limitation of Liability
- You acknowledge and agree that the Company, its owners, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives, suppliers, or licensors shall not be responsible for anything related to or resulting from your use or visit of any of the DVPROGRAM Websites, Offered Products, or Software.
- Under no circumstances will 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 but not limited to any loss of data, interruption, computer failure, or financial loss) arising out of the visit or use of any of the DVPROGRAM Websites, Offered Products, or Software, or the 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
- Your only right or remedy with respect to any damage, problems, or dissatisfaction in connection with any of the DVPROGRAM Websites, Offered Products, or Software, or the use or visit thereof, is to stop using such Websites or Offered Products or Software.
- If, despite the other provisions of this Agreement, the Company is found to be liable to you for any damages or loss that arises out of or is in 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) $20.00 (US Dollar). Because some jurisdictions do not allow some of the exclusions or limitations set forth above, some of these exclusions or limitations may not apply to you. In such an event, the liability will be limited to the fullest extent permitted by law 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.
- Governing Law
- 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 controlled by the laws of Austria, regardless of its conflict of law provisions. You agree to the personal jurisdiction and venue of the courts in Austria and waive any objection to such jurisdiction or venue. Any claim under this Agreement must be filed within one (1) year after the cause of action arises, or such claim or cause of action is barred. If there is a disagreement 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 will try to resolve the dispute promptly and in good faith. If the parties are unable to resolve the dispute within a reasonable amount of time (not to exceed thirty (30) days), then either party may submit the dispute to mediation. If the dispute cannot be resolved through mediation, then the parties are free to pursue any right or remedy available to them under applicable law.
- Miscellaneous
- Section headings are only for reference and do not in any way define, limit, interpret, or describe the scope or extent of that section. Our failure to act on a breach by you or others does not give up our right to act on subsequent or similar breaches.
- If you have any questions or comments about this Agreement, please contact us using the methods described in the “Contact Us” page on the Site.
- We may, in our sole discretion, change the Terms of Use at any time by posting the amended Terms of Use on the relevant DVPROGRAM Website. Any amended Terms of Use will apply to new user registrations from the date they are posted on that Website. Existing users will be bound by the amended Terms of Use after 14 days have passed since the amended Terms of Use were posted on the Website, and your continued use of the Software after that date will mean that you accept and agree to the changes. No other changes to the Terms of Use will be valid.
- The original English version of the Terms of Use may have been translated into other languages. If the English version and any other language version of the Terms of Use disagree, the English version will take precedence.
- 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 DVPROGRAM WEBSITES OR OFFERED PRODUCTS OR SOFTWARE, YOU EXPRESSLY AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO THE COMPANY THE RIGHTS SET FORTH HEREIN.
EN