Terms of Service
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING, BROWSING, REVIEWING, AND/OR USING THE SITE/APPLICATION, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS WITHOUT LIMITATION OR QUALIFICATION AND THAT YOU SHALL COMPLY WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT USE THE SITE/APPLICATION.
This is a legal agreement between the individual/organization (“Customer” or “you”) agreeing to the following Terms of Service and the applicable contracting entity i.e. High Quality review at www.highqualityreview.com (“us,” or “we”). By accepting these Terms or using the Services, you represent that you have the authority to bind to the Order, these Terms, and the applicable service descriptions as well as the Professional Services provided by us, each as applicable (collectively the “Agreement”)
This website is operated by Niladri Majumder. Throughout the site, the terms “we”, “us” and “our” refer to Niladri Majumder. Niladri Majumder offers this website, including all of the information, tools, and services available from our site to you, the user of this site, conditioned upon your acceptance of all terms, conditions, policies, and notices that are stated here.
These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. Please read these Terms of Service carefully before accessing, browsing, or using our website. By accessing, browsing, or using any part of the site, you agree to be bound by these Terms of service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. We will be updating the terms and conditions regarding those specific changes as per the revised terms of website usage. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store in relation to the website is hosted on www.aweber.com. They provide us with an online e-commerce platform that allows us to sell our products and services to you.
1. GENERAL CONDITIONS
As the users/students of our products/services, we reserve the right to use your testimonials including text, video, and screenshots from our community group in the marketing or advertising material. If you purchase the products/services, you agree to the same.
We reserve the right to refuse service to anyone for any reason at any time.
2. RIGHT TO USE
3. CONFIDENTIALITY OF INFORMATION REQUIRED FROM YOU
4. LIMITATIONS ON USE
By using our Services, you agree not to:
(i) modify, prepare derivative works of, or reverse engineer, our Services, unless specifically permitted to do so by a separate agreement;
(ii) knowingly or negligently use our Services in a way that abuses or disrupts our networks, user accounts, or the Services;
(iii) may not offer or enable any third party to use services purchased by you
(iv) transmit through the Services any harassing, indecent, obscene, fraudulent, or unlawful material;
(v) market, or resell the Services to any third party;
(vi) use the Services in violation of applicable laws, or regulations;
(vii) use the Services to send unauthorized advertising or spam;
(viii) harvest, collect, or gather user data without their consent; or
(ix) transmit through the Services any material that may infringe the intellectual property, privacy, or other rights of third parties.
(x) generate income from the services or its use for development, production, or marketing of a service allied to the services provided by us.
(xi) use the Services in violation of the terms and conditions as mentioned or in order to violate applicable law, including but not limited to anti-spam, privacy, and anti-terrorism laws and any other laws/regulations requiring the consent of subjects of recordings, and You agree that you are solely responsible for compliance with all such laws and regulations
5.CHANGES TO TERMS
We may in our sole discretion, revise, amend, modify or delete portions of these Terms and Conditions at any time without notice to you. It is at all times your responsibility to read the most current version of these Terms and Conditions. Your continued use of the Site/Application constitutes your acceptance of any revisions, amendments, modifications, or deletions to these Terms and Conditions. We reserve the right to enhance, upgrade, improve, or modify features of our Services as may seem appropriate and at our discretion.
By agreeing to these Terms of Service, you represent that you are an adult according to the age in your state or province of residence, or that you are at least at the age of majority in your state or province of residence and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. Your access may be terminated without warning if we believe that You are under the age of 18 years or are otherwise ineligible.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction(including but not limited to copyright laws).
You must not transmit any worms, trojans, SQL attacks, Cross-site scripting, Denial of Service, DNS Spoofing, Social engineering techniques, Non-targeted website hacking or viruses, or any code of a destructive nature. You must not bait, phish, or pretext our clients or anyone through our website, or by impersonating our website or our team in any manner. Any kind of cybercrime against our website will lead to serious consequences in relation to cybercrime.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express wrote permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
You may cancel your subscription at any time. If you cancel, you will not be billed for any additional terms of service, and service will continue until the end of the current subscription period. If you cancel, you will not receive a refund for any service already paid for.
In addition to all other remedies available under law and equity and as detailed under this Agreement, we reserve the right to recover the cost of services being provided, collection charges, attorney’s charges, etc. from a user using the Application or website fraudulently.
We reserve the right to initiate legal proceedings against such persons for fraudulent use of the application or website/s and any other unlawful acts or acts or omissions in breach of these terms and conditions.
8.ACCURACY, COMPLETENESS, AND TIMELINES OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information.
Any reliance on the material on this site is at your own risk. You are solely responsible for taking any such steps further ahead, even after this fair warning, and our site or our team will not be liable in any manner. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
9.MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right to change the prices of the services at any time without prior notice. We shall not be liable to the users or to any third party for any modification, price change, suspension, or discontinuance of the Service.
10.PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
a.Fees and Payment You agree to pay all the applicable, undisputed fees for the Services on the terms as mentioned on the invoice. That all payments you make to us for access to the Services are final and non-refundable. You are responsible for all fees and charges imposed and data transmission providers related to your access and use of the Services. You are responsible for providing accurate and current billing, contact and payment information to us or any reseller. You agree that we may take steps to verify whether your payment method is valid and bill you for all amounts due for your use of the Services. You agree that your credit/debit card information and related personal data may be provided to third parties for payment processing and fraud prevention purposes. Our website will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on the user and the onus to ‘prove otherwise’ shall be exclusively on the user. We may suspend or terminate your services if at any time we determine that your payment information is inaccurate or not current, and you are responsible for fees and overdraft charges that we may incur when we charge your card for payment. We reserve the right to update the price for Services at any time after your initial subscription and price changes will be effective as of your next billing cycle.
b.Sales, Promotional Offers, Coupons Sales, promotions, and other special discounted pricing offers are temporary and, upon the renewal of your subscription, any such discounted pricing offers may expire. We reserve the right to discontinue or modify any coupons, credits, sales, and special promotional offers in furtherance of our change in policies or any other special circumstances.
c.Disputes You may notify us regarding any fee dispute within 7days of the invoice date. We may, on notice to you, suspend or terminate your Services if you do not pay undisputed fees, and you agree to reimburse us for all reasonable costs and expenses incurred in collecting delinquent amounts.d.Taxes You are responsible for all applicable sales, services, value-added, goods and services, withholding, tariffs, Universal ServicesFund (USF) fees, or any other similar taxes as may be applicable as per the relevant prevailing laws or as imposed by any government entity. That the amount of tax collected shall be mentioned upon your invoice at the time of payment. In all cases, you shall be liable to pay the amounts due under this Agreement to us in full without any right of set-off or deduction. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the application or website/s and any other unlawful acts or acts or omissions in breach of these terms and conditions.
12. ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. 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 credit card, and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store.
You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.
13. OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement.
We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
14. THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
15. USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
We are and shall be under no obligation
(1) to maintain any comments in confidence;
(2) to pay compensation for any comments; or
(3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or another personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
16. PERSONAL INFORMATION
17. ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
18. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
19. DISCLAIMER OF REPRESENTATIONS, WARRANTIES, OR LIABILITIES THE CONTENT AND ALL SERVICES ASSOCIATED WITH THIS APPLICATION OR WEBSITE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. Niladri Majumder MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THIS APPLICATION OR WEBSITE OR OF THE SERVICE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND PURCHASE OF THE PRODUCTS IS AT YOUR SOLE RISK. Niladri Majumder MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING
(i) THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT ON THIS APPLICATION OR WEBSITE OR
(ii) OF THE SERVICE AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
Niladri Majumder ENGAGES AND EMPLOYS THE BEST METHODS TO SAFEGUARD AND PROTECT AGAINST VIRUSES, INFECTION., ETC, HOWEVER, DESPITE SUCH BEST EFFORTS, Niladri Majumder MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME WITHOUT NOTICE TO YOU.
IN NO CASE SHALL Niladri Majumder, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES.
OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT INCLUDING, AND NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED, AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. THE LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
20. CONTENT BY SUBSCRIBER AND ACCOUNTS
a. Your Content. You retain all rights over your Content and We do not own or license your Content. We may use, modify, reproduce and distribute your Content in order to provide and operate the services. You have the right to
(i) upload or otherwise share Content with us, and
(ii) your uploading or processing of your Content does not infringe on any rights of any third party.
(iii)We will not view, access, or process any of your Content, except:
(a) as authorized or instructed by you in this Agreement or in any other agreement between the parties, or
(b) as required to comply with our policies, applicable law, or governmental regulations.
You agree to comply with all legal obligations applicable to you as a data controller by virtue of the submission of your content.
If your Content, including any personal data (as defined under applicable law) and is processed by us as a data processor acting on your behalf (in your capacity as data controller), we will use and process your Content in order to provide the Services and fulfill our obligations under the Agreement, and in accordance with your instructions as represented in this Agreement.“Content” may include any files, documents, recordings-audio/video, chat logs, transcripts, and similar data that we maintain on your or your users’ behalf, as well as any other information you or your users may upload to your Service account in connection with the Services.
b. Your Accounts. You are solely responsible for
(i) all use of the Services by you,
(ii) maintaining the lawful basis for the collection, use, processing, and transfer of Content, and
(iii) providing notices or obtaining consent as legally required in connection with the Services.
We are not liable for any loss that you may incur if a third party uses your password or account. We may suspend the Services or terminate the Agreement if you or your attendees are using the Services in a manner that is likely to cause harm to us. You agree to notify us immediately and terminate any unauthorized access to the Services or other security breach.
You shall defend, indemnify and hold harmless Niladri Majumder and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, from and against all loss, damages, claims, and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to:
(i) your access to or use of or inability to access or use the Service;
(ii) any conduct or content of any third party on the Service;
(iii) any content obtained from the Service; and
(iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence)or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
(v) any breach of this Agreement by you, any misrepresentation or misuse of the service offered to you, or any negligent or unreasonable or inappropriate use of the website or the services.
22. TRADEMARK, COPYRIGHT, AND RESTRICTIONS
You acknowledge and agree that this website and any necessary software used in connection with the website contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that any content or software on this application/website, including its “look and feel” (e.g., text, graphics, images, logos, and button icons), photographs, editorial content, notices, software (including HTML-based computer programs) and other material is protected by national and international laws relating to copyrights, trademarks, service marks, patents or other proprietary rights.
You acknowledge that the entire website and its contents including the software is owned or duly licensed to Niladri Majumder and is protected by the Copyright laws in India and under international treaty provisions.
All trademarks, service marks, and logos used and displayed on this website are registered to and/or owned by their respective owners. Nothing on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the trademarks, service marks, and logos displayed on the website, without the prior written consent and permission of Niladri Majumder or the respective owners. You may download or print a copy of the information provided on this website for your personal, internal, and non-commercial use only.
Any distribution, reprint, reselling, piracy, or electronic reproduction of any content from this website or our digital products as well as services in whole or in part for any other purpose is expressly and explicitly prohibited without our prior written consent and may amount to civil and/or criminal action against such misuse as per the applicable law.
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Neither party may assign its rights or delegate its duties under the agreement either in whole or in part without the other party’s prior written consent, which shall not be unreasonably withheld, except that either party may assign the Agreement to any affiliated entity, or as part of a corporate reorganization, consolidation, merger, acquisition, or sale of all or substantially all of its business or assets to which this Agreement relates. Any attempted assignment without consent will be void. TheAgreement will bind and insure to the benefit of each party’s successors or assigns.
25. TERM AND TERMINATION
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
a.Term The initial term for your subscription of Services will begin on the Effective Date of payment for the services. After the Term of 12 months, the services will have to be renewed for the next term of the subscription. The subsequent term of subscription will begin only after the payment for the next term has been made by you, failing which the subscription will expire. You may provide notice of non-renewal if you do not wish to renew the same. If we permit you to reinstate Services at any time after termination, you agree that you will be bound by the then-current Terms and the renewal date that was in effect as of the effective termination date.
b.Termination Either party may terminate the Agreement
(i) closure of your subscription voluntarily by you for any reason immediately; or
(ii)Niladri Majumder may terminate the Agreement, it is so required to be one by an express direction of law.
(iii) if the other party becomes insolvent or bankrupt, liquidated or is dissolved, or ceases substantially all of its business, and we may suspend access or terminate immediately the services being provided.
(iv) If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and/or accordingly may deny you access to our Services (or any part thereof).
c.Effect of Termination. We have no obligation to maintain your content after the termination of the agreement. Neither party will be liable for any damages resulting from termination of the agreement, and termination will not affect any claim arising prior to the effective termination date. If we discontinue Services or materially reduce the core functionality, the related subscription will be terminated and we will provide you with a pro-rata refund of any prepaid, unused fees.
Failure by either Party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision.
If one or more provisions of this Agreement are held to be unenforceable under applicable law, then (i) such provision shall be excluded from thisAgreement, (ii) the balance of the Agreement shall be interpreted as if such provision were so excluded and (iii) the balance of the Agreement shall be enforceable in accordance with its terms.
28. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
29. JURISDICTIONAL ISSUES/APPLICABLE LAW
Niladri Majumder controls and operates thisWebsite/s from its registered office at Gurgaon, Haryana. This Agreement shall be treated as though it were executed and performed in Haryana, India, and shall be governed by and construed in accordance with the local domestic laws of India (without regard to conflict of law principles).
All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Haryana, India. All disputes that may arise shall be resolved in accordance with rules specified under the Arbitration and Conciliation Act, 1996. The courts in Haryana, India shall have the sole jurisdiction regarding the subject matter of this Agreement.
30. CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website
or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
(a) The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party.
(b) Force Majeure. Neither Party shall be responsible or liable for any delay or failure to perform its obligations (other than an obligation to make payment) under this Agreement due to unforeseen circumstances or any event which is beyond that Party’s reasonable control and without its fault or negligence, but not limited to, acts of God, war, riots, pandemic, embargoes, strikes, lockouts, acts of any Governmental authority, delays in obtaining licenses or rejection of applications under the Statutes, failure of telephone connections or power failure, fire or floods.
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org
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