Terms and Conditions

The use of this Website and services on this Website provided by Nish Amarnath (“Owner”) are subject to the following Terms and Conditions (the “Terms”). The Terms shall apply to your use of the site and of any information, text, graphics, video, data or other materials created and/or provided by the Owner or otherwise appearing on the site or through other modes of communication. Your use of the site signifies your agreement to these Terms. These Terms limit the Owner’s liability and obligations to you, grant the Owner certain rights and allow the Owner to change, suspend or terminate your use of the site. Your use of the site is expressly conditioned on the basis of your compliance with these Terms. These Terms create a contract between you and the Owner which applies to your use of this Website and to any other interaction between you and the Owner.

You understand that by using the site you agree to be bound by these Terms. If you do not accept these Terms in their entirety, you may not use the site.

1. Definitions

The parties referred to in the Terms shall be defined as follows:

(i) Owner, Us, We: The Owner, creator, operator and publisher of the website, makes the website and certain services on it available to users. Owner, Us, We, Ours, and other first-person pronouns will refer to the Owner as well as all employees or affiliates of the Owner.

(ii) You, the User, the Client: You, as the user of the website, shall be referred to throughout these Terms with second-person pronouns such as You, Yours, Your, or as User or Client. For the purpose of these Terms, the term “User” or “you” shall mean any natural or legal person who accesses this Website. The term “Your” shall be construed accordingly.

(iii) Parties: Collectively, the parties to these Terms shall be referred to as Parties.

2. What Is Covered Under these Terms and Conditions?

These Terms will be applied fully to your use of this Website. By using this website, you agreed to accept all terms and conditions written in here. You must not use this website if you disagree with any of these Terms.

3. Who may Avail of our Services?

This website is intended for natural persons aged 18 and above. This website is not intended for individuals below the age of 18, without obtaining explicit consent from a legal guardian.

4. Assignment

The Owner shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

5. Intellectual Property Rights

Other than content you own, which you may have opted to include on this Website under these Terms, the Owner owns all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.

6. Restrictions

You are specifically restricted from all of the following:

(i) publishing or broadcasting any Website material in any other media;

(ii) selling, renting, sublicensing and/or otherwise commercializing any Website material;

(iii) publicly performing and/or showing any Website material;

(iv) reproducing, duplicating or copying any material from this Website;

(v) redistributing content from this Website;

(vi) using this Website in any way that is or may be damaging to this Website;

(vii) using this Website in any way that impacts user access to this Website;

(viii) using this Website contrary to applicable laws and regulations, or in any way that may cause harm to the Website, or to any person or business entity;

(ix) engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website; and

(x) using this Website to engage in any advertising or marketing.

7. Communications and Emails

By visiting this Website, you consent to receiving email and other communications from the Owner. You may opt out of certain types of messages such as marketing messages.

8. Your Content

In these Terms, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant the Owner a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. Your Content must be your own and must not be infringing on any third party’s rights. The Owner reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.

9. Hyperlinking to this Website

The following organizations may link to this Website without prior written approval:

(i) Government agencies;

(ii) Search engines;

(iii) News organizations;

(iv) Online directory distributors may link to this Website in the same manner as they hyperlink to the Websites of other listed businesses; and

(v) System wide Accredited Businesses, except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.

The Owner may consider and approve other link requests from the following types of organizations:

(i) commonly-known consumer and/or business information sources;

(ii) dot.com community sites;

(iii) associations or other groups representing charities;

(iv) online directory distributors;

(v) internet portals;

(vi) accounting, law and consulting firms; and

(vii) educational institutions and trade associations.

I will approve link requests from these organizations if I decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of this Website; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

If you are one of the organizations listed above and are interested in linking to this Website, you must inform us by sending an e-mail to the Owner. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Please wait 2-3 weeks for a response.

10. Indemnification

You agree to indemnify and hold the Owner harmless for any and all disputes, claims, damages, losses, and causes of action (including without limitation attorney’s fees) arising from these Terms, your use of the site and/or availing of our services, or your violation or claimed violation of any law or rights of a third party, including all disputes, claims, damage(s), loss(es), or causes of action (including without limitation attorney’s fees) arising from third-party claims against the Owner, and/or any other breach or claimed breach of the Terms.

11. Disclaimer

You agree that your use of the site and our services is entirely at your own risk. The site is provided “as is” “with all faults” and “as available” and without warranties of any kind either express or implied, to the fullest extent permissible pursuant to applicable law. The Owner disclaims all warranties, express or implied, including without limitation, implied warranties and conditions of merchantability and fitness for a particular purpose, title, and non-infringement. The Owner does not warrant that the availability of the site or the functions contained in the site and other modes of communication employed for the purposes of providing services will be uninterrupted or error-free, that defects will be corrected, or that this site or other modes of communication employed for the purpose of providing services is free of viruses and/or other harmful components, or that the site does not violate any IPR of any person. The Owner does not warrant or make any representations regarding the use or the results of the use of the site or other modes of communication employed for the purpose of providing services in terms of its correctness, accuracy, reliability, or otherwise. No oral or written information or advice given by the Owner shall create a warranty. Applicable law may not allow the exclusion of implied warranties, so the foregoing exclusion may not apply to you.

12. Limitation of Liability

Under no circumstances, including without limitation or negligence, shall the Owner be liable to you or any third-party for any direct, indirect, punitive, incidental, special, exemplary, consequential damages, attorney’s fees or any damages whatsoever including, without limitation, damages for loss of use, data, business or profits that result from the use of, or the inability to use, the site or services even if the possibility of such damages has been advised, and even if a remedy set forth herein is found to have failed its essential purpose. Under no circumstance shall the Owner be liable to you or any third-party for any direct, indirect/remote punitive, incidental, special, exemplary, consequential damages, attorney’s fees or any damages whatsoever resulting from the use of this Website by any individual, group of individuals, organization or institution. While the Owner takes precautions against security breaches, no website or internet transmission is completely secure, and as such, the Owner shall not be liable to you or any third-party for any direct, indirect, punitive, incidental, special, exemplary or consequential damages that may result from unauthorized access, hacking, data loss, or other breaches that may occur on this Website or other modes of electronic communication used.

13. Breach of Terms

Breach of any of these Terms by you or the Owner would result in a breach of contract.

14. Severability

If any of the provisions of the Terms are held illegal, inapplicable or non-executable by any legislation or court of competent jurisdiction, such provisions shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and remain enforceable, and said ruling will not affect any other provision set forth in this the Terms and will not render such other provisions invalid, inapplicable or non-executable.

15. Captions and headings

All captions, indices, titles, subject headings, section titles and similar items contained in these Terms are provided for the purpose of reference and convenience only and are not intended to be inclusive, definitive and/or to affect the meaning or content of these Terms.

16. Relationship

The relationship between the parties is as set out in these Terms and no employment, joint venture, partnership or agency relationship shall be deemed to subsist between the parties and neither shall have the power to bind the other, except as otherwise set forth herein. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Owner as a result of these Terms or your use of the site. These Terms are subject to existing laws and legal process, and nothing contained in these Terms is in derogation of any obligation on our part to comply with governmental, court and law enforcement requests or requirements relating to your use of the site and/or our services and/or information provided to or gathered by us with respect to such use.

17. Compliance with Laws

You agree to comply with all applicable laws, rules and regulations in connection with your activities hereunder.

18. Others

(a) Any failure to act by the Owner with respect to a breach by you or others does not waive the Owner’s right to act with respect to subsequent or similar breaches.

(b) Notwithstanding anything to the contrary, the Owner reserves the right to seek the remedy of specific performance of any term of these Terms, or a preliminary or permanent injunction against the violation of these Terms or in aid of the exercise of any power granted in these Terms, or any combination thereof.

19. Data Collection

The Website collects the following information from visitors:

Unidentified and non-identifiable information (“anonymous information”), which does not enable the Owner to identify the visitor from whom it was collected. The anonymous information that the Owner may collect consists of: (1) the date, time and length of your visit, including how much content you viewed (in the aggregate); (2) your internet browser, operating system or internet service provider; (3) what parts of the website or app you used and for how long; and (4) the referring site, advertisement or email linking to and from the site. The Owner may, from time to time, also collect information regarding your wireless device (if any). The Owner may collect information about your wireless device and your wireless communications carrier. The Owner may aggregate, use and share anonymous information with third parties for marketing and advertising purposes.

20. Where is Information Stored?

The Website uses industry standard technologies to safeguard your data from unauthorized use and disclosure and to prohibit security breaches of the site. Unfortunately, no website, computer system or online communication is completely secure. The Owner cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Your use of the site is at your own risk. Data will be maintained, processed and stored by the Owner as necessary or as required by law.

21. Cookies and Third-party Providers

Some features and advertisements on the site may contain “cookies” or similar-tracking technologies. A cookie is a small data file stored by your internet browser, provided that your computer is set to accept cookies. Cookies help improve the user experience by identifying and gathering information about a user, their browser and preferences for websites they have already visited. The use of cookies allows us to better understand how our users interact with the site so that we can work to improve your user experience. Most modern internet browsers allow you to change your settings to prevent the storage of new cookies, receive warnings prior to their storage, or to delete cookies from your computer altogether. Please review your browser’s instructions for more information. Please be aware that if you choose to disable cookies, some portions of the site may cease to function properly. The Owner does not and cannot control cookies in advertisements placed by our authorized advertising partners. These Terms do not govern the privacy practices of third parties who gather information directly from you to provide advertisements on this site and other websites. The site may embed or contain links and advertisements for third party websites. Similarly, third-party websites may embed or contain links and advertisements for the site. The Owner cannot control and is not responsible for the privacy practices or content of any other website(s). The Owner is therefore not liable for your use of and exposure to such third-party websites and any content or advertisements they might contain. You should familiarize yourself with the privacy policies and terms of use of these third parties to better understand their information management policies. If you choose to opt in to receive communications from a third party, any information you provide to said third party, will be subject to the privacy policy of the third party. If you later decide to opt out, you should contact the third party directly.

22. Governing Law and Jurisdiction

Your agreement with the Owner, including these Terms and all other matters referred to above, is governed exclusively by the laws of the State of New York. You and the Owner agree to seek in good faith to resolve any disputes through good-faith discussion, negotiation, and mediation before resorting to litigation. Any dispute not so resolved shall be subject to the exclusive jurisdiction of the courts of the State of New York. The Owner does not accept any other jurisdiction unless otherwise explicitly agreed by the Parties in writing. You will consent to any action by us taken to stop or prevent you from bringing an action in breach of this clause, and to indemnify us for our costs in bringing such an action.

23. Amendment of Terms

These Terms will be amended from time to time. Amendments will be communicated in the manner(s) appearing most appropriate to the Owner. This may include email communication or an update on this Website. For this reason, you should visit this Website regularly to ensure you are informed of changes to the Terms. Amendments take effect upon that communication being made available to you, whether or not you actually receive the information.

24. Entire Agreement

These Terms set forth the entire understanding and agreement between you and the Owner with respect to the subject matter of these Terms, in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

Last updated: August 2020