TERMS AND CONDITIONS
Last
updated
March 20, 2025
AGREEMENT TO OUR LEGAL TERMS
We
are
(
"Company,"
"we," "us," "our" )
, a company registered in
India
at At Post Dhodambe
, Peth Gali
, Nashik
,
Maharashtra
423117
.
We
operate the website
https://emarriagesolution.rushiva.com/
(the "Site" )
, as well as any other related products and services
that refer or
link to these legal terms (the "Legal
Terms" ) (collectively, the
"Services" ).
You
can contact us by email at
rushiva2021@gmail.com
or by mail to At Post
Dhodambe
, Peth Gali
, Nashik
, Maharashtra
423117
,
India
.
These
Legal Terms constitute a legally binding agreement made between you, whether personally or
on behalf of
an entity ( "you" ), and
, concerning
your access to and use of the Services. You agree that by accessing the Services, you have
read,
understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL
OF THESE
LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST
DISCONTINUE USE
IMMEDIATELY.
Supplemental
terms and conditions or documents that may be posted on the Services from time to time are
hereby
expressly incorporated herein by reference. We reserve the right, in our sole discretion, to
make
changes or modifications to these Legal Terms at any
time and for
any reason . We will alert you about any
changes by
updating the "Last updated"
date of these Legal Terms, and you waive any right to receive specific notice of each
such
change. It is your responsibility to periodically review these Legal Terms to stay informed
of updates.
You will be subject to, and will be deemed to have been made aware of and to have accepted,
the changes
in any revised Legal Terms by your continued use of the Services after the date such revised
Legal Terms
are posted.
We recommend that
you print a
copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended
for
distribution to or use by any person or entity in any jurisdiction or country where such
distribution or
use would be contrary to law or regulation or which would subject us to any registration
requirement
within such jurisdiction or country. Accordingly, those persons who choose to access the
Services from
other locations do so on their own initiative and are solely responsible for compliance with
local laws,
if and to the extent local laws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We
are the owner or the licensee of all intellectual property rights in our Services, including
all source
code, databases, functionality, software, website designs, audio, video, text, photographs,
and graphics
in the Services (collectively, the "Content" ), as well as the trademarks, service marks,
and logos
contained therein (the "Marks" ).
Our
Content and Marks are protected by copyright and trademark laws (and various other
intellectual property
rights and unfair competition laws) and treaties around
the
world.
The
Content and Marks are provided in or through the Services
"AS IS"
for your
personal,
non-commercial use or internal business purpose
only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the
"
PROHIBITED ACTIVITIES
" section
below, we
grant you a non-exclusive, non-transferable, revocable
license to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access,
solely
for your personal, non-commercial use or internal
business purpose
.
Except
as set out in this section or elsewhere in our Legal Terms, no part of the Services and no
Content or
Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If
you wish to make any use of the Services, Content, or Marks other than as set out in this
section or
elsewhere in our Legal Terms, please address your request to:
.
If we ever grant you the permission to post, reproduce, or publicly display any part of our
Services or
Content, you must identify us as the owners or licensors of the Services, Content, or Marks
and ensure
that any copyright or proprietary notice appears or is visible on posting, reproducing, or
displaying
our Content.
We
reserve all rights not expressly granted to you in and to the Services, Content, and
Marks.
Any
breach of these Intellectual Property Rights will constitute a material breach of our Legal
Terms and
your right to use our Services will terminate immediately.
Your submissions and contributions
Please review this section and the
" PROHIBITED
ACTIVITIES
" section
carefully
prior to using our Services to understand the (a) rights you give us and (b) obligations you
have when
you post or upload any content through the Services.
Submissions: By directly sending us any question,
comment,
suggestion, idea, feedback, or other information about the Services (
"Submissions" ), you agree to assign to
us all
intellectual property rights in such Submission. You agree that we shall own this Submission
and be
entitled to its unrestricted use and dissemination for any lawful purpose, commercial or
otherwise,
without acknowledgment or compensation to you.
Contributions: The Services may invite you to
chat,
contribute to, or participate in blogs, message boards, online forums, and other
functionality during
which you may create, submit, post, display, transmit, publish, distribute, or broadcast
content and
materials to us or through the Services, including but not limited to text, writings, video,
audio,
photographs, music, graphics, comments, reviews, rating suggestions, personal information,
or other
material ( "Contributions"
). Any Submission that is publicly posted shall also be treated as a
Contribution.
You understand that Contributions may be viewable by other users
of the
Services .
When you post Contributions, you grant us a license
(including
use of your name, trademarks, and logos): By posting any Contributions, you
grant us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free,
fully-paid,
worldwide right, and license to: use, copy, reproduce, distribute, sell,
resell,
publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate,
excerpt (in
whole or in part), and exploit your Contributions (including, without limitation, your
image, name, and
voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works
of, or
incorporate into other works, your Contributions, and to
sublicense
the licenses granted in this section. Our use
and
distribution may occur in any media formats and through any media channels.
This license includes our use of your name, company name,
and
franchise name, as applicable, and any of the trademarks, service marks, trade names, logos,
and
personal and commercial images you provide.
You are responsible for what you post or upload:
By sending
us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services
by linking
your account through the Services to any of your social networking accounts, you:
- confirm that you have read and agree with our
" PROHIBITED ACTIVITIES " and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; - to the extent permissible by applicable law, waive any and all
moral
rights to any such Submission
and/or Contribution ; - warrant that any such Submission
and/or Contributionsare original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissionsand/or Contributions ; and - warrant and represent that your Submissions
and/or Contributionsdo not constitute confidential information.
You are solely
responsible for
your Submissions and/or Contributions and you expressly agree to reimburse us for any
and all
losses that we may suffer because of your breach of (a) this section, (b) any third party’s
intellectual
property rights, or (c) applicable law.
We may
remove or edit
your Content: Although we have no obligation to monitor any Contributions, we shall
have the
right to remove or edit any Contributions at any time without notice if in our reasonable
opinion we
consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any
such
Contributions, we may also suspend or disable your account and report you to the authorities.
By
using the Services, you represent and warrant that:
(1) all registration information
you submit
will be true, accurate, current, and complete; (2) you will maintain the
accuracy of such
information and promptly update such registration information as
necessary;
(3) you have the legal capacity and you
agree to comply
with these Legal Terms;
(4) you are not a
minor in the jurisdiction in which you reside
, or if a minor, you have
received parental permission to use the Services
; (5) you will not access the Services
through
automated or non-human means, whether through a bot, script or
otherwise; (6) you will not use the Services for
any illegal or
unauthorized
purpose; and (
7) your use of the Services will not
violate any
applicable law or regulation.
If you
provide any
information that is untrue, inaccurate, not current, or incomplete, we have the
right to suspend
or terminate your account and refuse any and all current or future use of the
Services (or any
portion thereof).
4. USER REGISTRATION
You
may be
required to register to use the Services. You agree to keep your password
confidential
and will be responsible for all use of your account and password. We reserve
the right
to remove, reclaim, or change a username you select if we determine, in our
sole
discretion, that such username is inappropriate, obscene, or otherwise
objectionable.
All purchases are non-refundable.
We
accept the following forms of payment:
You
agree to provide current, complete, and accurate purchase and account information for all
purchases made
via the Services. You further agree to promptly update account and payment information,
including email
address, payment method, and payment card expiration date, so that we can complete your
transactions and
contact you as needed. Sales tax will be added to the price of purchases as deemed required
by us. We
may change prices at any time. All payments shall be in
Indian Rupies .
You
agree to pay all charges at the prices then in effect for your purchases and any applicable
shipping
fees, and you authorize
us to charge your chosen payment provider for any such amounts upon placing your
order. We
reserve the right to correct any errors or mistakes in pricing, even if we have already
requested or
received payment.
We
reserve the right to refuse any order placed through the Services. We may, in our sole
discretion, limit
or cancel quantities purchased per person, per household, or per order. These restrictions
may include
orders placed by or under the same customer account, the same payment method, and/or orders
that use the
same billing or shipping address. We reserve the right to limit or prohibit orders that, in
our sole
judgment ,
appear to
be placed by dealers, resellers, or distributors.
6. PROHIBITED ACTIVITIES
You may not
access or use
the Services for any purpose other than that for which we make the Services available.
The Services
may not be used in connection with any commercial
endeavors except those that are
specifically endorsed or
approved by us.
As
a user of
the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage
in
unauthorized framing of or linking to the Services. - Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload
or transmit (or attempt to upload or to transmit) any
material that acts
as a passive or active information collection or
transmission mechanism,
including without limitation, clear graphics interchange
formats (
"gifs" ), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms" ). - Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except
as may be the result of standard search engine or Internet
browser
usage, use, launch, develop, or distribute any automated
system,
including without limitation, any spider, robot, cheat
utility, scraper,
or offline reader that accesses the Services, or use or
launch any
unauthorized script or other software. - Use a buying agent or purchasing agent to make purchases on the Services.
- Make
any
unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses . - Use
the Services as part of any effort to compete with us or
otherwise use
the Services and/or the Content for any revenue-generating
endeavor or commercial enterprise.
7. USER GENERATED CONTRIBUTIONS
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have
the
necessary
licenses , rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms. - You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited
or
unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. - Your Contributions are not obscene,
lewd,
lascivious, filthy, violent, harassing,
libelous, slanderous, or otherwise objectionable (as determined by us). - Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any
use
of the Services in violation of the foregoing violates these Legal Terms
and may
result in, among other things, termination or suspension of your rights
to use the
Services.
8. CONTRIBUTION LICENSE
By
posting
your Contributions to any part of the Services
, you automatically grant, and you represent and warrant that you
have the
right to grant, to us an unrestricted, unlimited, irrevocable,
perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide right,
and license to host, use, copy,
reproduce,
disclose, sell, resell, publish, broadcast, retitle, archive, store,
cache, publicly
perform, publicly display, reformat, translate, transmit, excerpt (in
whole or in
part), and distribute such Contributions (including, without limitation,
your image
and voice) for any purpose, commercial, advertising, or otherwise, and
to prepare
derivative works of, or incorporate into other works, such
Contributions, and grant
and authorize sublicenses of the foregoing. The
use and
distribution may occur in any media formats and through any media
channels.
This
license
will apply to any form, media, or technology now known or hereafter
developed,
and includes our use of your name, company name, and franchise name, as
applicable, and
any of the trademarks, service marks, trade names, logos, and personal and
commercial
images you provide. You waive all moral rights in your Contributions, and
you warrant
that moral rights have not otherwise been asserted in your
Contributions.
We
do not
assert any ownership over your Contributions. You retain full ownership of
all of your
Contributions and any intellectual property rights or other proprietary
rights
associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on the
Services. You
are solely responsible for your Contributions to the Services and you
expressly agree to
exonerate us from any and all responsibility and to refrain from any legal
action
against us regarding your Contributions.
We
have the
right, in our sole and absolute discretion, (1) to edit, redact, or
otherwise change any
Contributions; (2) to re-categorize any Contributions to place
them in more
appropriate locations on the Services; and (3) to pre-screen or delete any
Contributions
at any time and for any reason, without notice. We have no obligation to
monitor your
Contributions.
9. ADVERTISERS
We allow advertisers
to display
their advertisements and other information in certain areas of the Services, such as sidebar
advertisements
or banner advertisements. We simply provide the space to place such advertisements, and we have
no other
relationship with advertisers.
10. SERVICES MANAGEMENT
We reserve the
right, but not
the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take
appropriate legal
action against anyone who, in our sole discretion, violates the law or these Legal Terms, including
without
limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and
without
limitation, refuse, restrict access to, limit the availability of, or disable (to the extent
technologically
feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without
limitation,
notice, or liability, to remove from the Services or otherwise disable all files and content that
are excessive
in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a
manner designed
to protect our rights and property and to facilitate the proper functioning of the Services.
11. PRIVACY POLICY
We care about data
privacy and
security. Please review our Privacy Policy:
https://emarriagesolution.rushiva.com/privacy
. By using the Services, you agree to be bound by our Privacy Policy, which
is
incorporated into these Legal Terms. Please be advised the Services are hosted in
India
. If you access the Services from any other region of the
world with
laws or other requirements governing personal data collection, use, or disclosure that differ
from
applicable laws in
India
, then through your continued use of the Services, you are
transferring
your data to
India
, and you expressly consent to have your data transferred
to and
processed in
India
.
12. TERM AND TERMINATION
These Legal Terms
shall remain in
full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE
LEGAL TERMS,
WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO
AND USE OF
THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO
REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED
IN THESE
LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION
IN THE
SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or
suspend your
account for any reason, you are prohibited from registering and creating a new account under
your name, a
fake or borrowed name, or the name of any third party, even if you may be acting on behalf of
the third
party. In addition to terminating or suspending your account, we reserve the right to take
appropriate legal
action, including without limitation pursuing civil, criminal, and injunctive redress.
13. MODIFICATIONS AND INTERRUPTIONS
We reserve the
right to change,
modify, or remove the contents of the Services at any time or for any reason at our sole
discretion without
notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any
modification,
price change, suspension, or discontinuance of the Services.
We cannot guarantee
the Services
will be available at all times. We may experience hardware, software, or other problems or need
to perform
maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve
the right to
change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or
for any reason
without notice to you. You agree that we have no liability whatsoever for any loss, damage, or
inconvenience
caused by your inability to access or use the Services during any downtime or discontinuance of
the
Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support
the Services
or to supply any corrections, updates, or releases in connection therewith.
14. GOVERNING LAW
These Legal Terms
shall be
governed by and defined following the laws of
India
. and yourself irrevocably consent that the
courts of
India
shall have exclusive jurisdiction to resolve any dispute which may arise in connection
with these
Legal Terms.
15. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim
related to these Legal Terms (each a "Dispute" and
collectively, the
"Disputes" ) brought by either you or us
(individually, a
"Party" and collectively, the "Parties" ), the Parties agree to first attempt to
negotiate any
Dispute (except those Disputes expressly provided below) informally for at least
days before initiating arbitration. Such informal negotiations commence
upon written
notice from one Party to the other Party.
Binding Arbitration
Any dispute
arising out of or in connection with these Legal Terms, including any question regarding its
existence,
validity, or termination, shall be referred to and finally resolved by the International Commercial
Arbitration
Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to
the Rules of
.
Restrictions
The Parties
agree that any arbitration shall be limited to the Dispute between the Parties individually. To the
full extent
permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no
right or
authority for any Dispute to be arbitrated on a class-action basis or to
utilize class action procedures; and (c) there is no
right or
authority for any Dispute to be brought in a purported representative capacity on behalf of the
general public
or any other persons.
Exceptions to Informal Negotiations and Arbitration
16. CORRECTIONS
There may be
information on the Services that contains typographical errors, inaccuracies, or omissions,
including
descriptions, pricing, availability, and various other information. We reserve the right to correct
any errors,
inaccuracies, or omissions and to change or update the information on the Services at any time,
without prior
notice.
17. DISCLAIMER
THE
SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE
SERVICES WILL BE AT
YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN
CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES
OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF
ANY WEBSITES
OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY
FOR ANY (1)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED
ACCESS TO
OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED
THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY
BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD
PARTY, AND/OR
(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
SERVICES. WE DO
NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED
OR OFFERED
BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS
WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR
BEST JUDGMENT
AND EXERCISE
CAUTION WHERE APPROPRIATE.
18. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS
BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES
ARISING FROM YOUR
USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
OUR LIABILITY
TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL
AT ALL TIMES
BE LIMITED TO
THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO
US
OR
.
CERTAIN US STATE LAWS AND
INTERNATIONAL
LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION
OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS
OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
19. INDEMNIFICATION
You
agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) your Contributions;
(2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties
set forth in
these Legal Terms; (5) your violation of the rights
of a third
party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the
Services
with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right,
at your
expense, to assume the exclusive defense and control of any matter for which you are
required to
indemnify us, and you agree to cooperate, at your expense, with our
defense of such claims. We will use reasonable
efforts to
notify you of any such claim, action, or proceeding which is subject to this indemnification
upon becoming
aware of it.
20. USER DATA
We
will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we
perform
regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting
the Services, sending us emails, and completing online forms constitute electronic
communications. You
consent to receive electronic communications, and you agree that all agreements, notices,
disclosures, and
other communications we provide to you electronically, via email and on the Services, satisfy
any legal
requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND
RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or
requirements
under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which
require an
original signature or delivery or retention of non-electronic records, or to payments or the
granting of
credits by any means other than electronic means.
22. SMS TEXT MESSAGING
Opting Out
Message and Data Rates
Please be aware that message and data rates may apply to any SMS
messages sent or
received. The rates are determined by your carrier and the specifics of your mobile plan.
Support
If you have any questions or need assistance regarding our SMS
communications,
please email us at rushiva2021@gmail.com
.
23. MISCELLANEOUS
These
Legal Terms and any policies or operating rules posted by us on the Services or in respect to
the Services
constitute the entire agreement and understanding between you and us. Our failure to exercise or
enforce any
right or provision of these Legal Terms shall not operate as a waiver of such right or
provision. These
Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our
rights and
obligations to others at any time. We shall not be responsible or liable for any loss, damage,
delay, or
failure to act caused by any cause beyond our reasonable control. If any provision or part of a
provision of
these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part
of the
provision is deemed severable from these Legal Terms and does not affect the validity and
enforceability of
any remaining provisions. There is no joint venture, partnership, employment or agency
relationship created
between you and us as a result of these Legal Terms or use of the Services. You agree that these
Legal Terms
will not be construed against us by virtue of having drafted them. You hereby waive any and all
defenses
you may have
based on the electronic form of these Legal Terms and the lack of signing by the parties hereto
to execute
these Legal Terms.
24. CONTACT US
In
order to resolve a complaint regarding the Services or to receive further information regarding
use of the
Services, please contact us at:
