Please read these Terms of Use carefully, as they constitute a binding agreement (collectively, these Terms of Use shall be referred to herein as these (“Terms” or the “Agreement”) between you and JamesPuthucheary.org, (“We,” or “Us”). In particular, these Terms governs your use of our website, whether such use be at https://jamesputhucheary.org/ and your use of any of our services, information, text, graphics, photos or other material uploaded, downloaded or appearing as JamesPuthucheary.org’s services provided through the Website or elsewhere (collectively, the Websites and the other aforementioned activities shall be referred to as the “Services“).
This Agreement exempts JamesPuthucheary.org and other persons from liability or limits their liability and contains other important provisions that you should read. By using the Websites (which includes visiting, accessing and browsing the Websites) or the Services, you acknowledge and signify that you have read, understood, and agreed to be bound by this Agreement and the terms of the JamesPuthucheary.org’s Privacy Policy.
If you do not agree with this Agreement and the terms and conditions contained herein, you may not use the Services or Websites.
If you have any questions about these Terms, please email us at [email protected]
YOUR ACCEPTANCE OF THIS AGREEMENT
Each time you use the Services, you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent (and for purposes of this Agreement, “person” includes any type of incorporated or unincorporated entity, including your employer, without limitation or qualification, to be bound by these Terms for using the Services, you agree to comply with all applicable laws and regulations, and you represent and warrant that you have the legal authority to agree to and accept these Terms on behalf of yourself and any person you purport to represent. If you do not agree with each provision of these Terms, or you are not authorized to agree to and accept these Terms, or you do not have the legal authority to agree to and accept these Terms, you may not use the Services.
CHANGES TO THIS AGREEMENT
You may not change, supplement, or amend these Terms in any manner. However, JamesPuthucheary.org may, in its sole discretion, change, supplement or amend these Terms as it relates to your future use of the Services from time to time, for any reason, with reasonable notice and without liability to you or any other person. If we make material changes to this Agreement, we will not make reasonable efforts to notify you by posting an announcement on the Service or Services and/or by sending you an email. Material changes to this Agreement will be binding the same day after such changes have been introduced and for which such material changes has been made.
You should check for revisions to this Agreement each time you access the Services. Your continued use of the Services following the posting of any changes to this Agreement constitutes acceptance of those changes.
YOUR LICENSE TO ACCESS AND USE THE SERVICES AND OWNERSHIP
The content, information, software, designs, materials, functions and data included in and contained on the Services (the “Content”) are protected by intellectual property and other laws. You must comply with these and any other applicable laws when you use the Services.
Unless indicated to the contrary and subject to your strict compliance with these Terms, you may access and use the Services only for personal, non-commercial use, or in connection with your authorized purchase or sale of our products. In connection with these uses, we grant you a limited, non-exclusive, revocable, non-assignable, personal and non-transferable license to: access, copy, download, display, view, use, play and/or print one (1) copy of the Content made available on the Services on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, an “Internet Device”), provided that you: (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, “re-mailing” or high-volume or automated use of Services is prohibited.
We reserve all rights in the Content and the Services that we do not specifically grant in these Terms. Without limitation, you may not modify, distribute, transmit, perform, broadcast, publish, license, reverse engineer, transfer or sell, or create derivative works from, the Services or any Content unless you obtain our prior written approval. You also may not use the Services in a way that could harm us or any third party. For example, you may not use the Services in a way that could:
- damage or interfere with the proper working of the Services;
- intercept any Content or information that we have not intentionally made available to you or defeat any access controls that we have implemented;
- give you access to the Services or Content using any interface other than the interface that we provide, or attempt to “scrape” or “harvest” Content, except if you use a “robot” program in connection with a bona fide internet search engine and we do not instruct you not to access the Services using that program;
- frame the Services, display any Content in connection with an unauthorized logo or mark, or do anything that could suggest falsely a relationship between us and any other party;
- convey unauthorized claims about the curative or health enhancing effects of our products or suggest that we have made such claims; or
- otherwise adversely impact the operation of the Services, us, or any third party. In addition to our other legal rights, we may limit or terminate your license to use the Services, or certain features of the Services, at any time and for any reason, without prior notice to you including our belief you violated these Terms.
REGISTRATION AND ACCESS RESTRICTIONS
You may be required to register for an account with us in order to use certain features of the Services. If you elect to take advantage of such features, you must register through the Services by completing the applicable registration form to create your account with a unique username and password. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Content or participate in certain features of the Services.
You agree to: (a) provide true, accurate, current and complete information about yourself when we request it; (b) maintain and promptly update this information to keep it true, accurate, current and complete to the extent the Services permit such updates; (c) use limited-access portions of the Services only using access credentials that we have issued to you; and (d) exit your account at the end of each session in which you have logged-in to the Services.
You must maintain the confidentiality of any access credentials that we issue to you and may not share them with any other person. You must notify the us immediately of any unauthorized use of your credentials or any other breach of security. Even if you notify us, you will be responsible for any activities that occur using your access credentials, including any charges resulting from the use of your account.
When you sign up for or use our products and services, you may give us permission to access your information in other services. For example, you may link your Facebook account, which allows us to obtain information from those accounts (like your full name and email). The information we get from those services often depends on your settings or their privacy policies, so be sure to check what those are.
ELECTRONIC COMMUNICATIONS
When you access or use the Services, send e-mails to us, or receive electronic communications from us, you are, and consent to, communicating with us electronically. We may communicate with you by e-mail or by posting notices through one or more of the Services. You agree that all notices, disclosures, agreements, policies, and other communications that we provide to you electronically satisfy any requirement that such communications be in writing.
DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY
We strive to make your use of the Services a useful experience. Nevertheless, we and our Parties do not accept any liability for your use of the Services. For that reason, the following provisions apply to your use of the Services:
DISCLAIMER
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR USEFULNESS, ALL OF WHICH WE AND OUR PARTIES HEREBY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW.
THROUGH OR BECAUSE OF YOUR USE OF THE SERVICES, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMUNICATIONS AND TRANSACTIONS OF A COMMERCIAL OR PERSONAL NATURE WITH PERSONS OTHER THAN US. ALL SUCH COMMUNICATIONS AND TRANSACTIONS ARE AT YOUR OWN RISK. WE ARE NOT A PARTY TO ANY SUCH COMMUNICATIONS AND TRANSACTIONS AND DISCLAIMS ANY AND ALL LIABILITY REGARDING ALL SUCH COMMUNICATIONS AND TRANSACTIONS. TO THE EXTENT THAT YOU CHOOSE TO PARTAKE IN SUCH COMMUNICATIONS AND TRANSACTIONS, WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND RELATED THERETO, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR USEFULNESS, ALL OF WHICH WE AND OUR PARTIES HEREBY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU (AND NOT US OR OUR PARTIES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY COMPUTER OR OTHER EQUIPMENT ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR USE OF THE SERVICES.
THE OPERATION OF THE SERVICES MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND OUR CONTROL. THE OPERATION OF THE SERVICES MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY AND CONFIDENTIALITY RISKS CANNOT BE ELIMINATED.
WE ARE UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF USERS OF THE SERVICES. HOWEVER, YOU PROMISE NOT TO SHARE USE OF YOUR LOGIN NAME OR PASSWORD NOR TO ALLOW ANYONE TO USE THE SERVICES POSING AS YOU.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE AND OUR PARTIES MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT:
- THE SERVICES WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE;
- THE SERVICES WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;
- THE INFORMATION AVAILABLE ON OR THROUGH THE SERVICES WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY;
- PARTICULAR RESULTS OR ANY RESULTS AT ALL MAY BE OBTAINED THROUGH THE USE OF THE SERVICES;
- THE USE OF THE SERVICES, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR
- THE USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON;
AND WE AND OUR PARTIES DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
LIABILITY EXCLUSION
WE AND OUR PARTIES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE SERVICES BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY US OR ANY OF OUR PARTIES OR ANY PERSON FOR WHOM WE OR ANY OF OUR PARTIES ARE RESPONSIBLE, AND NOTWITHSTANDING THAT WE OR OUR PARTIES MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE OR ANY OF OUR PARTIES’ TOTAL LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY US OR ANY PERSON FOR WHOM WE ARE RESPONSIBLE, EXCEED THE LESSER OF (I) THE AMOUNT YOU PAID TO US FOR THE USE OF THE SERVICES AND FOR THE PURCHASE OF SERVICES VIA THE SERVICES AND (II) $50.
RELEASE
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF US AND OUR PARTIES AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PARTIES, SERVICE PARTIES, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICES.
INDEMNITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF US AND OUR PARTIES AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PARTIES, SERVICE PARTIES, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE “INDEMNIFIED PARTIES“) FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE SERVICES, THE USE OF THE SERVICES BY SOMEONE POSING AS YOU, OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENCE OF ANY SUCH CLAIM OR DEMAND. YOU FURTHER AGREE TO INDEMNIFY US AND OUR PARTIES FROM ALL SUITS, DAMAGES, COSTS AND LIABILITIES WHATSOEVER ARISING FROM ANY TRANSACTIONS IN WHICH YOU ENGAGE USING PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE SERVICES.
ADVICE AND INFORMATION PROVIDED BY US OR OUR REPRESENTATIVES, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.
The exclusion of certain warranties and the limitation of certain liabilities is prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.
The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this Agreement survive indefinitely after the termination of this Agreement.
OTHER SITES
The Websites may include links to other web sites or resources and businesses operated by other persons (“Other Sites“). Other Sites are independent from Us, and We have no responsibility or liability with respect to, or control over, Other Sites, their businesses, goods, services, or content.
We do not sponsor or endorse any Other Sites or their content or the services available through those other Web Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against Us arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. As between you and Us, the provisions of this Agreement under the section headed Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity apply, with all necessary modifications, to your access to and use of any Other Sites and their business, goods, services, and content.
TERMINATION
These Terms of Use constitute an agreement between you and the Us, which We may terminate in its sole discretion, in whole or in part, at any time and for any reason. If We terminate this agreement with you, you may no longer access the Services.
Upon termination of this agreement and/or your access to the Services, you will immediately destroy any copies of any Content, whether in printed or software format. Otherwise applicable portions of the Terms of Use survive termination of these Terms, including applicable portions of the sections relating to No Professional Advice or Medical Information; User Submissions; Links to Third Party Websites; Electronic Communications; Disclaimers; Limitation of Liability; Indemnification; Jurisdiction and Venue; Termination; and Entire Agreement, Severability, No Waiver.
ENTIRE AGREEMENT; SEVERABILITY; NO WAIVER
These Terms, together with the Privacy Policy incorporated within them by reference and any policies that we post on the Services, including the Mobile version of Terms of Use, constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. If any provision of these terms is deemed unlawful, void or unenforceable, the remaining provisions will remain in place and the invalidated provision will be deemed replaced by an enforceable provision that most closely reflects the intent of the parties.
Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of that right or provision or any other rights or provisions included within the Terms.
HOW TO CONTACT US:
If you have any questions or comments about these Terms or the Services, please contact us by email: [email protected]
Thank you for using our Services.