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DISCLAIMER TERMS OF USE INCLUDING PRIVACY POLICY AGREEMENT BETWEEN USER AND INDIAYOGI.COM. TERMS OF USE Please read this agreement ("Agreement") carefully before accessing or using this web site ("Site"). By accessing or using the Site, you agree to be bound by this Agreement. indiayogi.com, its consultants, authors and suppliers provide the information and services (''Services'') on this Site to you, the User, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of these Sites constitutes your agreement to all such terms, conditions and notices. The information and Services offered on this Site are provided with the understanding that neither indiayogi.com nor its suppliers are engaged in rendering legal or other professional Services or advice. 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You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other web site, transfer or sell any information, software, lists of Users, databases or other lists, products or Services obtained from this Site. The foregoing prohibition expressly includes, but is not limited to, the practices of "screen scraping" or "database scraping" to obtain lists of Users or other information. If and when requested by indiayogi.com, you agree to provide true, accurate and complete User information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the prior written permission of indiayogi.com, you agree to refrain from accessing or attempting to access password protected, secure or non-public areas of this Site. Unauthorized individuals attempting to access prohibited areas of this Site may be subject to prosecution. 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However, the User shall be held liable for losses incurred by indiayogi.com or another party due to someone else using the User's account or password. The User may not use anyone else's account at any time, without the prior written permission of the account holder. LIABILITY DISCLAIMER You use this Site at your own risk. If your use of this Site or the materials therein results in the need for servicing or replacing property, material, equipment or data, neither indiayogi.com nor its affiliates are responsible for those costs. CHANGES ARE PERIODICALLY MADE AND ADDED TO INDIAYOGI.COM WEBSITE AND TO THE INFORMATION HEREIN. INDIAYOGI.COM, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME. ALL INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL INDIAYOGI.COM, ITS AFFILIATES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF USE, REVENUE OR PROFIT ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF INDIAYOGI.COM, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE INDIAYOGI. COM SITE/ SERVICES OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE INDIAYOGI. COM SITE/ SERVICES. THE INDIAYOGI.COM WEB SITE CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF USERS OF THE INDIAYOGI.COM WEB SITE, ADVERTISERS, THIRD PARTY INFORMATION PROVIDERS AND ORGANIZATIONS. THE INDIAYOGI WEB SITE DOES NOT REPRESENT OR ENDORSE THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE WEB SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. INDIAYOGI.COM MAKES NO WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE WEB SITE OR ANY CONTENT, ADVERTISING, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE WEB SITE. YOU ACKNOWLEDGE THAT ANY USE OF SUCH CONTENT, ADVERTISING, SERVICES OR PRODUCTS PROVIDED THROUGH OR ON THE INDIAYOGI.COM WEB SITE SHALL BE AT YOUR SOLE RISK. INDIAYOGI.COM EXPRESSLY STATES THAT INDIAYOGI.COM SHALL NOT BE RESPONSIBLE OR HELD LIABLE FOR ANY CONTENT, ADVERTISING, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE WEB SITE. INDIAYOGI.COM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION: (A) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES WHICH ARE PART OF THE INDIAYOGI.COM WEB SITE; AND (B) WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY OR WORKMAN EFFORT OR TITLE OR AGAINST INFRINGEMENT. IN NO EVENT WILL INDIAYOGI.COM, ITS AFFILIATES, LICENSORS, EMPLOYEES, AGENTS OR CONTRACTORS, BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES RESULTING FROM OR CAUSED BY THE INDIAYOGI WEB SITE, ITS PUBLIC POSTING BULLETING BOARDS, ITS CONTENT OR ANY ERRORS OR OMISSIONS IN ITS CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PRODUCTS, CONSULTATIONS AND SERVICES OFFERED ON INDIAYOGI.COM ARE NOT TO BE UNDERSTOOD AS A SUBSTITUTE FOR THE ACCURATE AND APPROPRIATE MEDICAL OR PSYCHOLOGICAL ASSESSMENT, DIAGNOSIS OR TREATMENT PRESCRIBED IN A ONE-ON-ONE RELATIONSHIP WITH A PHYSICIAN OR MENTAL HEALTH PROFESSIONAL. INDIAYOGI.COM DOES NOT DISPENSE MEDICAL OR PSYCHOLOGICAL TREATMENT OR PRESCRIBE THE USE OF ANY TECHNIQUE AS A FORM OF TREATMENT FOR PHYSICAL, EMOTIONAL OR MEDICAL PROBLEMS AS AN ALTERNATIVE TO THE ADVICE OF A PHYSICIAN OR MENTAL HEALTH PROFESSIONAL. IF YOU HAVE, OR FEEL YOU HAVE, A MENTAL, EMOTIONAL OR PHYSICAL ILLNESS, OR IF YOUR SITUATION COULD BE SERIOUS OR LIFE-THREATENING, YOU SHOULD CONTACT A PHYSICIAN OR MENTAL HEALTH PROVIDER IMMEDIATELY. (C) ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. INDEMNIFICATION You agree to indemnify, defend and hold harmless indiayogi.com, its parents, subsidiaries, affiliates and suppliers, officers and employees from any liability, loss, claim, demand, damage and expense (including attorneys' reasonable fees) related to your violation of this Agreement. DISCLOSURE indiayogi.com reserves the right to disclose any personal information about you or your use of the indiayogi.com Site/Services, including its contents, without your prior permission if indiayogi.com has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of indiayogi.com or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. indiayogi.com's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of indiayogi. com's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the indiayogi.com Site/Services or information provided to or gathered by indiayogi.com with respect to such use. indiayogi.com has the right in its sole discretion to edit, refuse to post or to remove any information or materials, in whole or in part. USE OF SERVICES: The indiayogi.com Site/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). indiayogi.com has no obligation to monitor the Communication Services. However, indiayogi.com reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. indiayogi.com reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Caveat: indiayogi.com undertakes no obligations for confidentiality of information provided by you and you would do so entirely at your sole risk. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. indiayogi.com does not control or endorse the content, messages or information found in any Communication Service and, therefore, indiayogi.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized indiayogi.com spokespersons, and their views do not necessarily reflect those of indiayogi.com. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials. MATERIALS PROVIDED TO INDIAYOGI.COM OR POSTED AT ANY INDIAYOGI.COM'S WEB SITE indiayogi.com does not claim ownership of the materials you provide to indiayogi.com (including feedback and suggestions) or post, upload, input or submit to any indiayogi.com Site/Service or its associated services for review by the general public (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting indiayogi.com, its affiliated companies and necessary sublicenses permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Indiayogi.com is under no obligation to post or use any Submission you may provide and indiayogi.com may remove any Submission at any time in its sole discretion. PRIOR PERMISSION OF INDIAYOGI.COM Permission to use any documents (such as articles and other text) and related graphics (such as images, photographs, maps, charts, and illustrations) available from indiayogi.com is granted, provided that (1) the proper credit and indiayogi.com copyright notice appears on all copies; (2) use of the documents and graphics available from this Web Site is for informational and non-commercial or personal use only; and (3) no documents or graphics, including logos, available from indiayogi.com are modified in any way. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. LINKS TO THIRD PARTY SITES This Site may contain hyperlinks to web sites operated by parties other than indiayogi.com, or its affiliates. For example, clicking on a category in the Yogi Pilgrim section on indiayogi.com may bring you to a site operated by a party independent of indiayogi.com, or its affiliates. Such hyperlinks are provided for your reference only. indiayogi.com does not control such web sites, and is not responsible for their contents, including without limitation any link contained in the hyperlinks or any changes or updates of hyperlinks. Inclusion of hyperlinks by indiayogi.com to such web sites does not imply any endorsement of the material on such web sites or any association with their operators, and you access and use such sites, including information, material, products and Services therein, solely at your own risk. indiayogi.com shall not be responsible for webcasting or any other form of transmission received from any hyperlink nor is indiayogi.com responsible, if the hyperlink is not working appropriately. Furthermore, because the privacy policy you just read is applicable only when you are on our Site, once linked to another web site, you should read that site's privacy policy before disclosing any personal information. indiayogi.com shall not be responsible for any dealings with third parties (including advertisers) included within the indiayogi.com Site/Services or participation in promotions, including the delivery of and the payment for goods and Services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, as these dealings are solely between the User and the advertiser or other third party. CHANGES TO SITE indiayogi.com, its affiliates consultants, authors and/or its suppliers reserves the rights to make improvements or changes in the information, Services, products, and other materials on this Site including but not limited to charges associated with the use of Site, or terminate this Site, at any time without notice. indiayogi.com, may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement. GENERAL TERMS AND CONDITIONS: • indiayogi.com shall provide the Services / merchandise only after the receipt of 100% payment in advance. • After receipt of advance payment, if any of the services offered by indiayogi.com could not be undertaken for reasons not attributable to the User, the advance payment would be refunded to the User subject to any law which may govern such transfer of money. No refund will be permissible if the Services contracted could not be conducted for reasons attributable to the User. indiayogi.com does not guarantee and shall not be responsible for the accuracy of these predictions/readings. indiayogi.com passes on all predictions/readings of the astrologers/tarot card readers and their recommendations to the Users with the best of intentions. indiayogi.com does not accept any liability whatsoever on account of the predictions/readings except to the extent of passing on these predictions/readings to the User. • Any liability on indiayogi.com on any account shall be restricted to the value of the service/product in question. indiayogi.com shall not be responsible for any loss/claim/damage whatsoever beyond this value. • Prices quoted by indiayogi.com for various Services/merchandise include expenses incurred by indiayogi.com for procuring the Services/merchandise, bank transaction charges, communication charges, courier charges etc., except where it is indicated otherwise. • Prices quoted in US dollars are indicative only. However, due to exchange rate fluctuations, the actual price payable in US dollars by the User may vary from the indicated price. Users are requested to note that this is a requirement of the credit card issuing companies, and indiayogi.com does not have much control over this matter. • indiayogi.com reserves the right to revise the prices at any time at its sole discretion without any notice. However, the User would be liable to pay only at the prices prevailing at the time of acceptance of his order by indiayogi.com. • These General Terms and Conditions (GTC) would be in addition to any other Special Terms and Conditions (STC) which may be specified by indiayogi.com for any particular service(s). • These GTC would be valid for all transactions with indiayogi.com done through this portal unless specified otherwise for any particular transaction(s). • In the event that any GTC contained herein are in conflict with the STC or other terms and conditions contained with any particular indiayogi. com Site, then these terms shall prevail. Language of the Agreement It is the express will of the parties that this Agreement and all related documents have been drawn up in English. Governing Law This Agreement shall be governed by, interpreted, and enforced in accordance with the substantive laws of the India and disputes arising in respect hereto shall be subject to the exclusive jurisdiction of the relevant courts of Mumbai. No Agency This Agreement shall not constitute any party as the legal representative or agent of any other, nor shall any party have the right or authority to assume, create or incur any liability or obligation, express or implied, against, in the name of, or on behalf of another party. Except as may be expressly set forth herein, this Agreement is not intended to create and shall not be construed to create a relationship or partnership, joint venture or association between the parties. Partial Invalidity If any provision of this Agreement or the application thereof to any person or circumstance is or becomes invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Any invalid or unenforceable provision of this Agreement shall be replaced with a provision which is valid and enforceable and most nearly gives effect to the original intent of unenforceable provision.
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