PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS.
This Terms of Service Agreement (the "Agreement") governs your use of www.Nimbarka.net (the "Website"), Nimbarka offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Nimbarka reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website.
- Terms of Offer: This Website offers for sale certain products. By placing an order for these Products through this Website, you agree to the terms set forth in this Agreement.
- Customer Solicitation: Unless you notify Nimbarka of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations from Nimbarka and its designated in house or third party team(s).
- Opt Out Procedure: We provide easy ways to opt out of from future solicitations. You may choose to opt out via sending your email address to: email@example.com.
- Proprietary Rights: Nimbarka has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Nimbarka. Also, Nimbarka has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
- Sales Tax: If you purchase any Products, you will be responsible for paying any applicable sales tax.
- Colors: We have made every effort to display our products as accurately as possible. However, we cannot guarantee the colours of the products that appear on your monitor or screen’s display will be completely accurate with that of displayed on the Website, as computer monitors and screens of electronic devices vary.
- Content; Intellectual Property; Third Party Links: In addition to making Products available, this Website also offers information and marketing materials. Nimbarka does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that Nimbarka does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, non commercial use. Any links to third-party websites are provided solely as a convenience to you. Nimbarka does not endorse the contents on any such third-party websites.
- Use of Website: Nimbarka is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website.
- License: By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, non commercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Nimbarka or the applicable third party (if third party content is at issue).
- Posting: By posting, storing, or transmitting any content on the Website, you hereby grant Nimbarka a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world.
- Force Majeure: Nimbarka will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
- Cessation of Operation: Nimbarka may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
- Entire Agreement: This Agreement comprises the entire agreement between you and Nimbarka and supersedes any prior agreements pertaining to the subject matter contained herein.
- Effect of Waiver: The failure of Nimbarka to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
- Governing Law; Jurisdiction: This Website originates from New Delhi, India. This Agreement will be governed by the laws of the State of India without regard to its conflict of law principles to the contrary. Neither you nor Nimbarka will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of India. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
- Statute of Limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Domestic Use: s makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
- Assignment: You may not assign your rights and obligations under this Agreement to anyone. Nimbarka may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Nimbarka EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Nimbarka MAKES NO WARRANTY:
- That the information provided on this website is accurate, reliable, complete, or timely.
- That the links to third-party websites are to information that is accurate, reliable, complete, or timely.
- Regarding any products purchased or obtained through the website.
LIMITATION OF LIABILITY
Nimbarka ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.
Nimbarka WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM
- The use or the inability to use the website content or products
- The cost of procuring substitute products or content
- Any products purchased or obtained or transactions entered into through the website
- Any lost profits you allege.
You will release, indemnify, defend and hold harmless Nimbarka, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Nimbarka.