DVLottery.org - Online Green Card Lottery - DV2012 - Register to win a visa in the US immigration lottery. 2012
DVLottery.org DV 2012 DV-2012

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DVLOTTERY.ORG WEBSITE TERMS OF USE


1. USE OF THE SITE OR OF THE SERVICES

IMPORTANT! THESE TERMS OF USE GOVERN YOUR USE OF THIS SITE, WHICH IS OWNED AND OPERATED BY [COMPANY NAME] ("COMPANY") AT [COMPANY ADDRESS]. BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY COMPANY AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.

You may not use the Services (as defined below) provided through this web site ("Site") until you have read these Terms of Use ("Terms of Use"), indicated your unconditional acceptance of such Terms of Use by clicking the "I agree" button and registered as a registered user of the Site by providing the information requested.

As used in these Terms of Use, the terms "you," "your" or "user" are synonymous, and refer to the person using the Services in any way. A "registered user" is a user from whom Company has received the information necessary to permit such person to submit certain immigration forms for the purposes of making a DV Lottery application (as defined below) and to use such Services as may be provided by Company from time to time and who complies with the terms and conditions of these Terms of Use. Services provided by Company and web sites are accessible worldwide to anyone with Internet access. Access to the Site and use of the Services and the Site are subject to the provisions of the Terms of Use, including all terms of use and copyright notice and all applicable laws and regulations, including laws and regulations governing copyright and trademark.

Company reserves the right to change the Terms of Use at any time. The changes will appear on this screen in the location where the Terms of Use are currently located or at such other location as may be indicated on the home page of the Site. By using the Service and the Site, you agree in advance to accept any changes made to the Terms of Use or stop using the Service and the Site.

2. IMPORTANT INFORMATION FOR USERS OF THE SITE

COMPANY IS A PRIVATE COMPANY AND IS NOT THE IMMIGRATION AND NATURALIZATION SERVICE (INS), OR BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES (BCIS) OR ANY OTHER GOVERNMENT AGENCY. COMPANY IS NOT ASSOCIATED WITH THE U.S. GOVERNMENT IN ANY WAY.

COMPANY IS NOT A LAW FIRM, DOES NOT EMPLOY ATTORNEYS AND DOES NOT PROVIDE LEGAL SERVICES. COMPANY NEITHER INTENDS NOR CLAIMS TO PROVIDE LEGAL ADVICE OR LEGAL SOLUTIONS TO INDIVIDUAL'S SPECIFIC PROBLEMS. THOSE USERS OF THIS SITE WHO REQUIRE LEGAL ASSISTANCE SHOULD ADDRESS THEIR QUESTIONS TO A QUALIFIED IMMIGRATION ATTORNEY.

AS ONE OF ITS SERVICES, COMPANY PERFORMS THE ADMINISTRATIVE TASK OF SUBMITTING APPLICATIONS BASED ON THE INFORMATION PROVIDED BY REGISTERED USERS TO ENTER IN THE U.S. DIVERSITY VISA LOTTERY PROGRAM FOR PROCESSING BY THE U.S. GOVERNMENT.

3. SERVICES PROVIDED THROUGH THE SITE

Company provides certain services ("Services") as may be indicated on the Site from time to time to those registered users of the Site who authorize Company to assist with the preparation and submission of their applications for the Diversity Visa Lottery administered by the U.S. Government ("DV Lottery") for the purpose of applying for lawful permanent residence in the United States and who qualify to participate in the DV Lottery in accordance with the U.S. immigration laws and regulations then in effect. Company may provide additional services in connection with the DV Lottery from time to time, which will be indicated on the Site.

The use of the Services is at your discretion. A registered user can use the Services to prepare his or her application for DV Lottery on the basis of the information he or she provides and have it submitted to the official DV Lottery website maintained by the U.S. State Department.

The Services are provided with the understanding that Company is not engaged in tendering legal or other professional advice, and the information contained on the Site or provided directly to registered users should not be regarded or relied upon as a substitute for professional service. The materials on the Site, including FAQs, are not all inclusive, may not apply to the specific circumstances of any given user and being in the nature of general information may not be complete, accurate or current.

4. USE OF SERVICE

a. Permitted Uses and Restrictions on Use

Subject to these Terms of Use, a registered user is granted permission to use the Services to prepare a DV Lottery application for subsequent electronic submission to the designated official U.S. government site. The Services may be used by the registered users only for their intended purposes, and may not be used to prepare immigration forms, supporting documents or letters for third parties, whether for a fee or not, or for any purpose other than the submission of a DV Lottery application in the name and on behalf of the registered user.

Subject to the Terms of Use, a registered user may elect to receive notification of the results his or her application for the DV Lottery at one or several postal and/or email addresses maintained by and/or in the name of Company. Upon receipt of Government notification or other official correspondence addressed to such users, Company will attempt to notify such users through email at the email address/es provided by such users to Company. If the registered user selects this option, he or she authorizes Company to receive such notification and all other official correspondence from the U.S. Government related to the userís DV Lottery application on such userís behalf. This Service is provided solely for the convenience of Companyís registered users to minimize risk of lost notifications, misdelivery or non-delivery of mail and change of the usersí home addresses and is provided at the userís risk. Company does not guarantee that it will be able to provide notification to the registered users who elected to use this Service in a timely manner.

You agree and understand that application made through the DV Lottery program is a lottery and not a guarantee of winning. All applications submitted receive an equal opportunity. A U.S. Governmental computer will randomly select eligible entrants. Company is not involved in the selection of winners.

Although we endeavor to help you avoid having your DV Lottery application rejected by the State Department for non-compliance with the application and supporting documentation requirements or with technical requirements applicable to the electronic images (digital photographs) to be attached to such application, choosing our Services does not necessarily guarantee a better or expedited handling. The eligibility requirements have been detailed and listed on the Site to the best of our knowledge and may not be updated on a regular basis. It is up to you to review the requirements and ensure that you qualify within the guidelines. If you have any questions, please email us

It is the userís responsibility to provide all necessary information, electronic images and other materials the U.S. Government requires for the purposes of entering the DV Lottery on time. Company cannot guarantee that it will be able to notify all users whose applications submitted through this Site are missing items, materials, electronic images or anything else required by U.S. immigration laws and regulations. Please note that registered users have three (3) months from the date of submission of their applications to the Site to respond to our requests for additional information, electronic images (photographs) of the applicant and any other material Company deems necessary for the purposes of making a proper DV Lottery application to the U.S. Government or until the official cutoff date, as announced by the U.S. Government, for making DV Lottery applications, whichever is earlier. Those users who fail to comply with the Siteís directions or Companyís instructions shall forfeit all amounts they have made in payment for the Services.

Applications submitted after the Company submission period will automatically be processed for the next lottery. Please be advised that in the event the U.S. Government modifies the rules for participating in the DV Lottery, including but not limited to, the list of countries the nationals of which are eligible, time periods for submission of DV Lottery applications, requirements for the electronic images (photographs) to be attached to the DV Lottery application, content of the DV Lottery applications, and any other requirements, we will attempt to contact you in order to comply with such modifications but cannot guarantee that your application will be successfully made in a timely manner. Company also specifically disclaims any liability or responsibility for the success or timeliness of making a DV Lottery application on your behalf in the event the U.S. State Departmentís website or any other U.S. Government website designed to accept such applications is down, malfunctioning or otherwise unable to accept such application. You acknowledge that the operation and availability of the communications systems used for accepting DV Lottery applications and interacting with this Site (including, without limitation, public telephone network, computer networks and the Internet) or to transmit information to the U.S. Government agencies can be unpredictable and may, from time to time, interfere with or prevent access to services or their operation. Company is not in any way responsible for any such interference with or prevention of your use of or access to services. For all DV Lottery applications processed by Company on behalf of registered users who accepted and paid for the Services that could not be successfully transmitted to the U.S. Government for reasons beyond our control, we will attempt to resubmit such applications in the following year, provided that the registered users so affected consent and the DV Lottery rules enable them to apply with respect to eligibility.

A registered user is the only person authorized to use his or her user identification and password, and shall not permit or allow other persons to have access to or use the same. A user is responsible for the use of the Services under his or her user identification number, and for maintaining the confidentiality of his or her user identification and password. For security purposes, unless otherwise noted, Company will not disclose a user identification or password in the event of its loss by the user other than by sending it to the email address of a registered user upon written request as provided during registration.

Although it has taken significant measures to ensure the security of information submitted by you in using the Services, Company cannot guarantee the security of information collected during your use of the Services and shall not be liable in any way for a compromise or corruption of your data. You shall not attempt to access any other of Company's systems, programs or data that are not made available by it for public use.

b. Fees and Refunds

The payment of all fees and charges to Company, as these may be posted on the Site with respect to a specific Service, must be made by a valid credit or charge card and/or other forms of accepted payments. Company reserves the right to change amounts of the fees for the Services currently provided or to impose new fees with respect to new Services without notice by posting changes or new fees on the Site.

Your satisfaction is guaranteed 100%. If for any reason you are not totally satisfied with our service, you are welcome to request a refund within 30-days of purchase. Refunds are not transferable and will be given to the original purchaser in the same form of payment that was originally made.

Except as otherwise provided herein, all fees and charges are non-refundable. Refunds may be given solely at the discretion of the Company. Any fee paid is not refundable if filing of that userís DV Lottery application is made impossible by any events beyond the control of Company, including but not limited to acts of war, acts of nature, technological limitations, legislative, administrative or procedural changes and/or state action. You acknowledge that you will not submit duplicate applications, and Company will not be responsible for any such submissions.

The U.S. Government presently does not charge a fee for entering the DV Lottery, although other fees, such as visa fees, adjustment of status fees, etc., are imposed if the successful applicant elects to pursue a U.S. immigration status further. Company is a private company, and any registered user who elects to use the Services to submit a DV Lottery application is hereby required to pay a fee for handling and submitting such an application on his or her behalf.

By submitting your application and payment to Company you understand and agree to the refund policy set forth above.

c. Provision of Information and Its Confidentiality

Any communication or material you post or transmit to the Service and/or the Sites is, will be treated as non-confidential and non-proprietary. You assume full responsibility for anything you post or transmit, and you grant Company and its affiliates 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 DV Lottery program.

You warrant and represent to Company that all information so provided by you in registration with this Site, in connection with payment for the Services or any application forms posted on the Site or otherwise transmitted to us is truthful, accurate and not misleading. You further warrant and represent to Company that you are over 18 years of age. You understand and agree that Company may terminate your status as a registered user at any time if Company believes that any such information you provided to us is not true.

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.

Please note that, with the exception of credit card numbers, Company does not want to receive confidential or proprietary information from you through the Site. Any non-personal information or material sent to Company will be deemed not to be confidential. By sending Company any non-personal information or material, you grant Company an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that Company is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, all personal information you provide to Company through the Site will be treated in accordance with the Privacy Policy posted under the Privacy Notice on this Site.

You agree that Company is permitted to access and use any other information provided by you to perform the Services and, if necessary, to access such information to obtain contact information in order to provide notifications relating to the Services to you.

d. Changes in U.S. Immigration Laws and Regulations

U.S. immigration laws and regulations change frequently and their application can vary widely based upon the specific facts and circumstances involved. While we try to keep abreast of new developments in the area of DV Lottery applications, we do not guarantee that the Content or any information we provide on the Site or directly to the registered users is fully up-to-date or completely accurate at any given time. You are responsible for consulting with your own professional immigration advisors concerning your eligibility for the DV Lottery and admissibility for the purposes of immigration to the United States in any given year and your specific circumstances. Please be advised that those DV Lottery applicants who are successful still have to satisfy a number of legal requirements regarding U.S. immigration visas and adjustment of status to that of a U.S. lawful permanent resident. Company further disclaims any responsibility for the accuracy or adequacy of any positions taken by the registered user in his or her applications.

e. Termination of Access and Services

Company shall have the right to immediately terminate your access to or use of the Services in the event of any activities which are in breach of this agreement or conduct which, in Company's judgment, interferes with the operation or use of the Services (e.g., excessive usage of the Services which disrupts the use of the Services by other users). Termination of this agreement automatically terminates your license and authorization to use and/or access Services and any content or other material contained therein. This agreement (including any related content on the Services, such as the introductory and welcome pages, which by this reference are incorporated herein) set forth Company 's entire liability and your exclusive remedy with respect to the Services, and is a complete statement of the agreement between you and Company. This agreement does not limit any rights that Company may have under trade secret, copyright, patent or other laws.

Company has the right at any time and for any reason to modify or discontinue any aspect or feature of the Services, including but not limited to its content, functionality, availability, or its pricing.

All warranties or guarantees otherwise given or made by Company with respect to the Services (1) are for the benefit of the registered user of the Services only and are not transferable, and (2) shall be null and void if you breach any terms or conditions of this Agreement.

5. ACCESS TO THIS SITE

To access this Site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide on this site will be correct, current, and complete. If Company believes the information you provide is not correct, current, or complete, Company has the right to refuse you access to this Site or any of its resources, and to terminate or suspend your access at any time.

6. ADDITIONAL RESTRICTIONS ON USE

You may use this Site for purposes expressly permitted by this Site. You may not use this Site for any other purpose, including any commercial purpose, without Company's express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this Site, or (ii) frame this Site, or (iii) hyper-link to this Site, without the express prior written permission of an authorized representative of Company. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this Site. You agree to cooperate with Company in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

7. PROPRIETARY INFORMATION

The material and content accessible from this Site, and any other World Wide Web site owned, operated, licensed, or controlled by Company (the "Content") is the proprietary information of Company or the party that provided the Content to Company, and Company or the party that provided the Content to Company retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Company, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates Company's intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

8. HYPER-LINKS

This Site may be hyper-linked to other sites which are not maintained by, or related to, Company. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this Site or Company. Company has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user's own risk, and Company makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyperlinked to this site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by Company of that site.

9. SUBMISSIONS

You hereby grant to Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Company through the Site (together, the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations.

Company will treat any personal information that you submit through this Site in accordance with its Privacy Policy .

10. RISKS ASSOCIATED WITH INTERNET

You understand that Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. Company does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Company. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and Company does not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer, accurate or complete.

11. DISCLAIMER OF WARRANTIES

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE
ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

12. LIMITATION ON LIABILITY

COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS
SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $50 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

13. INDEMNITY

You will indemnify and hold Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site.

14. TRADEMARKS

Trademarks, service marks, and logos appearing in this Site are the property of Company or the party that provided the trademarks, service marks, and logos to Company. Company and any party that provided trademarks, service marks, and logos to Company retains all rights with respect to any of its respective trademarks, service
marks, and logos appearing in this Site.

15. INFORMATION YOU PROVIDE

You may not post, send, submit, publish, or transmit in connection with this Site any material that:

  • you do not have the right to post, including proprietary material of any third party;
  • advocates illegal activity or discusses an intent to commit an illegal act;
  • is vulgar, obscene, pornographic, or indecent;
  • does not pertain directly to this Site;
  • threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
  • seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  • infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
  • violates any law or may be considered to violate any law;
  • impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
  • advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;
  • solicits funds, advertisers or sponsors;
  • includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
  • disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
  • includes MP3 format files;
  • amounts to a "pyramid" or similar scheme;
  • disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this Site; or
  • contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
Company reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action or inaction by Company or such third party with respect to any submission.

16. SECURITY AND USE OF COOKIES

Any passwords used for this Site are for individual use only. You will be responsible for the security of your password (if any). Company will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Company considers insecure, Company will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of these Terms of Use.

Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.

Your Company Account Information is password-protected for your privacy and security. In certain areas Company uses [industry-standard SSL-encryption] to protect data transmissions.

Company's web sites uses cookies to gather and store information. Cookies are pieces of data that a web site transfers to your computer's hard drive solely for record-keeping purposes. There is nothing unusual about the use of cookies by a web site and they are an industry standard. They do not personally identify you, but they will identify your computer. Your browser is most likely set up to accept cookies, but you can set yours to refuse them. If you do so, you may not be able to take full advantage of Company's web site. Company is not liable for any failure of your computer due to their use of cookies.

17. MISCELLANEOUS

These Terms of Use will be governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in the State of New York in connection with any dispute between you and Company arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to the Terms of Use each
agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in the New York County, New York. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. Company may revise these Terms of Use at any time by updating this posting on the Site.

Last updated: March 16, 2006.

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