TERMS
OF SERVICE AGREEMENT
LAST REVISION: [17/01/2019]
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 OF THIS
AGREEMENT.
This Terms of Service
Agreement (the "Agreement") governs your use of this website, [www.grihalayabuilders.com]
(the "Website"), Grihalaya Builders ("Business Name") 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. [Grihalaya Builders] 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. [Grihalaya Builders] will alert you
that changes or revisions have been made by indicating on the top of this
Agreement the date it was last revised. The changed or revised Agreement will
be effective immediately after it is posted on this Website. Your use of the
Website following the posting any such changes or of a revised Agreement will
constitute your acceptance of any such changes or revisions. [Grihalaya
Builders] encourages you to review this Agreement whenever you visit the
Website to make sure that you understand the terms and conditions governing use
of the Website. This Agreement does not alter in any way the terms or
conditions of any other written agreement you may have with [Grihalaya
Builders] for other products or services. If you do not agree to this
Agreement (including any referenced policies or guidelines), please immediately
terminate your use of the Website. If you would like to print this Agreement,
please click the print button on your browser toolbar.
I.
PRODUCTS
Terms of Offer. This
Website offers for sale certain products (the "Products"). By placing
an order for Products through this Website, you agree to the terms set forth in
this Agreement.
Customer
Solicitation: Unless you
notify our third party call center reps or direct [Grihalaya Builders] sales reps, while they are
calling you, 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 [Grihalaya Builders] and its
designated in house or third party call team(s).
Opt Out
Procedure: We provide 3
easy ways to opt out of from future solicitations. 1. You may use the opt out
link found in any email solicitation that you may receive. 2. You may also
choose to opt out, via sending your email address to: [opt-out email].
3. You may send a
written remove request to [Company
Address].
Proprietary Rights. [Grihalaya Builders] has proprietary rights and trade
secrets in the Products. You may not copy, reproduce, resell or redistribute any
Product manufactured and/or distributed by [Grihalaya Builders]. [Grihalaya Builders] also 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.
II. WEBSITE
Content; Intellectual
Property; Third Party Links. In addition to making Products available, this
Website also offers information and marketing materials. This Website also
offers information, both directly and through indirect links to third-party
websites, about nutritional and dietary supplements. [Grihalaya Builders]
does not always create the information offered on this Website; instead the
information is often gathered from other sources. To the extent that [Grihalaya Builders] 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,
noncommercial use. Any links to third-party websites are provided solely as a
convenience to you. [Grihalaya Builders] does not endorse the contents on
any such third-party websites. [Grihalaya Builders] is not responsible for
the content of or any damage that may result from your access to or reliance on
these third-party websites. If you link to third-party websites, you do so at
your own risk.
Use of Website; [Grihalaya
Builders] 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,
noncommercial, 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 [Grihalaya Builders] 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 [Grihalaya Builders] 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. [Grihalaya Builders] does not have
the ability to control the nature of the user-generated content offered through
the Website. You are solely responsible for your interactions with other users
of the Website and any content you post. [Grihalaya Builders] is not liable
for any damage or harm resulting from any posts by or interactions between
users. [Grihalaya Builders] reserves the
right, but has no obligation, to monitor interactions between and among users
of the Website and to remove any content [Grihalaya Builders] deems objectionable, in
MuscleUP Nutrition 's sole discretion.
III.
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. [Grihalaya Builders] 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. ("PRODUCTS"
INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, [Grihalaya Builders] 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.
NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL
CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
AS TO THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL
BE CORRECTED.
REGARDING ANY PRODUCTS
PURCHASED OR OBTAINED THROUGH THE WEBSITE.
SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU.
IV.
LIMITATION OF LIABILITY
[Grihalaya Builders] 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.
[Grihalaya
Builders] 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 (1) THE USE OR THE INABILITY TO USE THE WEBSITE
CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT;
(3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE
WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.
SOME JURISDICTIONS DO
NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
V. INDEMNIFICATION
You will release,
indemnify, defend and hold harmless [Grihalaya Builders], 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 [Grihalaya Builders]. When [Grihalaya Builders] is threatened
with suit or sued by a third party, [Grihalaya Builders] may seek written assurances from
you concerning your promise to indemnify [Grihalaya Builders];
your failure to provide such assurances may be considered by [Grihalaya Builders] to be a material
breach of this Agreement. [Grihalaya Builders] will have the right to
participate in any defense by you of a third-party claim related to your use of
any of the Website content or Products, with counsel of [Grihalaya Builders] choice at its
expense. [Grihalaya Builders] will
reasonably cooperate in any defense by you of a third-party claim at your
request and expense. You will have sole responsibility to defend [Grihalaya Builders] against any
claim, but you must receive [Grihalaya Builders] prior written consent regarding any
related settlement. The terms of this provision will survive any termination or
cancellation of this Agreement or your use of the Website or Products.
VI.
PRIVACY
[Grihalaya Builders] believes
strongly in protecting user privacy and providing you with notice of MuscleUP
Nutrition 's use of data. Please refer to [Grihalaya Builders] privacy
policy, incorporated by reference herein, that is posted on the Website.
VI.
AGREEMENT TO BE BOUND
By using this Website
or ordering Products, you acknowledge that you have read and agree to be bound
by this Agreement and all terms and conditions on this Website.
VIII.
GENERAL
Force Majeure. [Grihalaya Builders] 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.
[Grihalaya Builders] 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 [Grihalaya Builders] and supersedes any prior
agreements pertaining to the subject matter contained herein.
Effect of Waiver. The
failure of [Grihalaya Builders] 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 endeavor 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 the [City,
State]. This Agreement will be governed by the laws of the State of [Law State Name] without
regard to its conflict of law principles to the contrary. Neither you nor [Grihalaya Builders] 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 [State Name].
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.
Waiver of Class Action
Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT
YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION
OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR
CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. [Grihalaya Builders] reserves the right to
terminate your access to the Website if it reasonably believes, in its sole
discretion, that you have breached any of the terms and conditions of this
Agreement. Following termination, you will not be permitted to use the Website
and [Grihalaya Builders] may, in its sole
discretion and without advance notice to you, cancel any outstanding orders for
Products. If your access to the Website is terminated, [Grihalaya Builders] reserves the right to exercise
whatever means it deems necessary to prevent unauthorized access of the
Website. This Agreement will survive indefinitely unless and until [Grihalaya Builders] chooses, in its sole discretion
and without advance to you, to terminate it.
Domestic Use. [Grihalaya Builders] 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. [Grihalaya Builders] may
assign its rights and obligations under this Agreement in its sole discretion
and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM
THIS WEBSITE YOU AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.