THE MATERIALS ON THIS SITE AND ALL OTHER
LINKS AND CONTENT ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED
WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR
FITNESS FOR ANY PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY
DISCLAIMED. IN NO EVENT WILL THE COMPANY OR ANY OF ITS AFFILIATES,
VENDORS, CONTRACTORS, AGENTS, CONTENT PROVIDERS, OFFICERS, DIRECTORS,
INVESTORS, EMPLOYEES OR PARTNERS BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DIRECT DAMAGES, INCIDENTAL DAMAGES,
CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) DIRECTLY OR INDIRECTLY
CAUSED BY, ARISING OUT OF OR RELATING TO, THE USE OR INABILITY TO USE
THIS SITE, THE MATERIALS OR OTHER LINKS AND CONTENT, EVEN IF THE COMPANY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME
JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES
OR LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
The Company and its affiliates, vendors, contractors, agents and content
providers do not warrant that this Site, the Materials or the Other
Links and Content, including, without limitation, any descriptions of
any products or services contained in this Site, the Materials or the
Other Links and Content, are accurate, complete, useful, adequate,
reliable, current or error-free. The Company and its affiliates,
vendors, contractors, agents or content providers may make changes to
this Site, the Materials and the Other Links and Content, including,
without limitation, the information, products and services contained or
described therein, at any time without notice. However, the Company
makes no commitment to update this Site, the Materials or the Other
Links and Content.
The Company assumes no responsibility, and will not be liable for, any
damages to or viruses, trojan horses, trap doors, back doors, worms,
time bombs, cancelbots or other computer programming routines that may
infect or affect your computer equipment or other property on account of
your access to, browsing in or use of this Site, any emails sent from
the Company or any of its affiliates, your use or downloading of any
Material from this Site or your access to or use of any Other Links and
Content. |
You are prohibited from posting or
transmitting to or from this Site any unlawful, threatening, libelous,
defamatory, obscene, pornographic, other Material or objectionable
information of any kind, including without limitation, any transmissions
constituting or encouraging conduct that would constitute a criminal
offense, give rise to civil liability, or otherwise violate any law or
regulation in the applicable jurisdiction. Your use of this Site and
Company’s system, Company’s services and related products is governed by
our Privacy Statement, and, if you are a customer of the Company, also
by the terms of your Services Agreement with the Company and your
Equipment Use Agreement with any Company’s affiliate.
When accessing or making use of any service provided on the Web sites of
the Company you may not:
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post or transmit any information or software which contains a virus,
worm, trojan horse or other harmful component; restrict or inhibit any
other user from using and enjoying the Web site; post, publish,
transmit, reproduce, distribute or in any way exploit any information,
software or other material obtained through our Web pages for commercial
purposes (other than expressly permitted by the provider of such
information, software or other material); or
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upload, post, publish, transmit, reproduce or distribute in any way,
information, software or other material obtained through our Web pages
which is protected by copyright, or other proprietary right, or
derivative works with respect thereto, without obtaining permission of
the copyright owner or right holder, or upload, post, publish,
reproduce, transmit or distribute in any way any component of our Web
sites themselves or derivative works with respect thereto, except where
expressly permitted in writing.
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The Company retains the right to delete any posting or to prevent the
posting of any Material to this Site at its sole and absolute discretion
without notice. The Company further retains all of its other rights and
remedies, including, without limitation, the right to terminate,
deactivate and/or delete your account, your password and/or information
and files in your account, and/or otherwise prevent or disable your
access to this Site, at its sole and absolute discretion without notice.
You agree that the Company and its affiliates, vendors, contractors,
agents, content providers, officers, directors, investors, employees and
partners will not be liable to you for any such deletion, prevention or
termination. The Company also retains the right to file criminal charges
and/or instigate civil actions as permitted by these Terms and
Conditions and applicable laws and regulations.
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Any dispute, controversy or claim
directly or indirectly caused by, arising out of or relating to your
accessing, browsing or using this Site, any Materials on this Site or
any Other Links and Content will be submitted to confidential, mandatory
and binding arbitration in Bangalore, India, except that, to the extent
you have in any manner violated or threatened to violate the Company's
or any of its affiliate's patents, copyrights, trademarks, trade secrets
or other intellectual property rights, Company may seek injunctive or
other appropriate relief in any other jurisdiction , and you consent to
exclusive jurisdiction and venue in such courts. The arbitration will be
conducted on an expedited basis before a single arbitrator under the
Arbitration and Conciliation Act, 1996 (as modified). The arbitrator's
award will be final and binding and may be entered as a judgment in any
court of competent jurisdiction. To the fullest extent permitted by
applicable law, no arbitration under this Agreement will be joined to an
arbitration involving any other party subject to this Agreement, whether
through class arbitration proceedings or otherwise. |