Welcome to Gargi and Gargi's Web
Site ("Site"). This Site is
provided as a service to our
customers. This site is intended
to provide information to you
about Gargi and to provide you
with the opportunity to contact
us. While we want you to enjoy the
experience of visiting our site,
we also want you to understand the
terms you agree to when visiting
this site. So, now a word from our
lawyers:
Please review the following
basic rules that govern your use
of our Site. By using this Site,
you agree to be bound by the
terms and conditions outlined in
this Agreement ("Agreement"). If
you do not agree to these terms
and conditions, please do not
use this Site. Although you may
"bookmark" a particular portion
of this Site and thereby bypass
this Agreement, your use of this
Site still binds you to these
terms and conditions. Since
Gargi may revise this Agreement
at any time, you should visit
this page periodically to review
the terms and conditions of your
use. Gargi reserves the right to
update or modify this Agreement
at any time without prior
notice. Your use of the Site
following any such change
constitutes your agreement to
follow and be bound by these
terms and conditions as changed.
For this reason, we encourage
you to review these terms and
conditions whenever you use this
Site.
We may also change, move or
delete portions of, or may add
to, our Site from time to time.
SITE CONTENTS AND USE
The Site is provided to you on
an "AS IS" and "WITH ALL FAULTS"
basis. This means that despite
our best efforts the Site may
contain inaccuracies, omissions,
errors or other defects and you
rely on it at your own risk.
GARGI MAKES AND YOU RECEIVE NO
WARRANTY, WHETHER EXPRESS OR
IMPLIED. ALL WARRANTIES, EXPRESS
AND IMPLIED, ARE EXPRESSLY
EXCLUDED AND DISCLAIMED,
INCLUDING WITHOUT LIMITATION
WARRANTIES OF MERCHANTABILITY,
TITLE, NON-INFRINGEMENT, AND
FITNESS FOR ANY PARTICULAR
PURPOSE. IN NO EVENT SHALL WE BE
LIABLE FOR ANY DAMAGES, CLAIM OR
LOSS INCURRED BY YOU (INCLUDING
WITHOUT LIMITATION COMPENSATORY,
INCIDENTAL, DIRECT, INDIRECT,
SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, LOST PROFITS,
LOST SALES OR BUSINESS,
EXPENDITURES, INVESTMENTS, OR
COMMITMENTS, LOSS OF ANY
GOODWILL, OR DAMAGES RESULTING
FROM LOST, DAMAGED OR
MISAPPROPRIATED DATA, INABILITY
TO USE DATA, DELAYS,
INTERRUPTIONS, OR COMPUTER
VIRUSES), IRRESPECTIVE OF
WHETHER WE HAVE BEEN INFORMED
OF, KNEW OF, OR SHOULD HAVE
KNOWN OF THE LIKELIHOOD OF SUCH
DAMAGES. THIS LIMITATION APPLIES
TO ALL CAUSES OF ACTION IN THE
AGGREGATE INCLUDING WITHOUT
LIMITATION BREACH OF CONTRACT,
BREACH OF WARRANTY, DEFAMATION,
NEGLIGENCE, STRICT LIABILITY,
MISREPRESENTATION, AND OTHER
TORTS, AS WELL AS THIRD-PARTY
CLAIMS. IF THE WARRANTY
EXCLUSION OR LIMITATION OF
LIABILITY SET FORTH IN THIS USE
AGREEMENT IS FOR ANY REASON
WHATSOEVER HELD UNENFORCEABLE OR
INAPPLICABLE, YOU AGREE THAT OUR
LIABILITY SHALL NOT EXCEED
TWENTY U.S. DOLLARS ($20).
In addition, We also have no
liability for any viruses or
anything beyond our control. We
are not responsible for any
damage to your computer,
software, modem, telephone or
other property resulting from
your use of the Site.
Unless otherwise noted, all
materials, including images,
illustrations, designs, icons,
photographs, video clips, and
written and other materials that
appear as part of this Site
(collectively, the "Contents")
are copyrights, trademarks,
trade dress and/or other
intellectual properties owned,
controlled or licensed by Gargi
and/or its subsidiaries and/or
affiliates. You have a
non-transferable, non-exclusive
license to access this Site, to
view information contained at
this Site, and to interact with
the Site solely for your own
personal use. You agree not to
use the Site for any unlawful
purpose. You agree not to rent,
retransmit, disclose, publish,
sell, assign, lease, sublicense,
market, or transfer the Site or
any portion thereof or use it in
any manner not expressly
authorized by this Agreement.
You agree not to copy, reverse
engineer, translate, port,
modify or make derivative works
of any portion of the Site. We
retain all ownership rights in
the Site.
The compilation (meaning the
collection, arrangement and
assembly) of all content on this
Site is the exclusive property
of Gargi and is also protected
by U.S. and international
copyright laws.
The Contents of our Site, and
the Site as a whole, are
intended solely for the
personal, noncommercial (other
than for the purchase of
merchandise from our Site) use
by the users of our Site. You
may download or copy the
Contents and other downloadable
materials displayed on the Site
for your personal use only. No
right, title or interest in any
downloaded materials or software
is transferred to you as a
result of any such downloading
or copying. You may not
reproduce (except as noted
above), publish, transmit,
distribute, display, modify,
create derivative works from,
sell or participate in any sale
of, or exploit in any way, in
whole or in part, any of the
Contents, the Site, or any
related software.
The Contents and software on
this Site may be used only as a
shopping resource. Any other
use, including the reproduction,
modification, distribution,
transmission, republication,
display or performance of the
Contents is strictly prohibited.
The information on the Site may
contain typographical errors or
inaccuracies and may not be
complete or current. We
therefore reserve the right to
correct any errors, inaccuracies
or omissions and to change or
update information at any time
without prior notice (including
after you have submitted your
order). Please note that such
errors, inaccuracies or
omissions may relate to product
description, pricing and
availability. We apologize for
any inconvenience this may cause
you.
All comments, feedback,
postcards, suggestions, ideas,
and other submissions disclosed,
submitted or offered to Gargi on
or by this Site or otherwise
disclosed, submitted or offered
in connection with your use of
this Site (collectively,
"Comments") shall be and remain
the property of Gargi. Such
disclosure, submission or offer
of any Comments shall constitute
an assignment to Gargi of all
worldwide rights, titles and
interests in all copyrights and
other intellectual properties in
the Comments. Thus, Gargi and/or
Gargi will own exclusively all
such rights, titles and
interests and shall not be
limited in any way in its use,
commercial or otherwise, of such
Comments. Gargi is and shall be
under no obligation: (1) to
maintain any Comments in
confidence; (2) to pay to you
any compensation for any
Comments; or (3) to respond to
any of your Comments.
You agree that no Comments
submitted by you to the Site
will violate any right of any
third party, including
copyright, trademark, privacy or
other personal or proprietary
right(s). You further agree that
no Comments submitted by you to
the Site will be or contain
libelous or otherwise unlawful,
abusive or obscene material. You
are and shall remain solely
responsible for the content of
any Comments you make. You agree
that any comments you submit
about our products or services
may be used and disclosed by us
in whole or in edited form in
our marketing or advertising
materials. You will not use the
Site for any purpose that is
unlawful, abusive, harassing,
libelous, defamatory, obscene or
threatening, or injurious or
detrimental to the Site. You
agree not to submit any
information that infringes on or
violates the privacy, rights, or
other intellectual property
rights of others, anything that
is illegal, defamatory, obscene,
harassing, offensive,
objectionable or sexually
explicit, that encourages a
violation of the law, that
contains a virus, that is
off-topic.
We reserve the right to
terminate or restrict your
access to the Site in our sole
discretion, without notice and
without limitation, for any
reason. We have no liability to
you in the event of a
termination of this Agreement.
You are responsible for the
confidentiality and use of your
password(s). You agree to notify
us immediately if you become
aware of: a) any loss or theft
of your access password(s); or
b) any unauthorized use of any
of your password(s).
You agree that Gargi may send
electronic mail to you for the
purpose of advising you of
changes or additions to this
Site, about any of Gargi's
products or services, or for
such other purpose(s) as Gargi
deems appropriate. Please note,
however, that Gargi is under no
obligation to notify you of any
modifications or changes to this
Site as the same may occur from
time to time, and Gargi's
failure to notify you of any
modifications or changes to the
Site does not release you from
adhering to the terms and
conditions contained in this
Agreement as they exist from
time to time.
We have made every effort to
display as accurately as
possible the colors of our
products that appear on this
Site. However, as the actual
colors you see will depend on
your monitor, we cannot
guarantee that your monitor's
display of any color will be
accurate.
LINKS TO OTHER WEB SITES AND
SERVICES To the extent that this Site
contains links to other web
sites which provide outside
services and resources, the
availability and content of
which Gargi does not control,
any concerns or problems
regarding any such service or
resource, or any link thereto,
should be directed to the
particular web site or company
providing such outside service
or resource. Gargi does not
endorse or make any warranties
or representations about any web
site you may access through or
by way of Gargi and/or its
aliases, and is not responsible
for and assumes no liability for
any inaccuracies, misstatements
or misrepresentations at such
other web sites. Links to other
web sites are provided for
convenience only. You must make
your own decisions regarding
your interactions or
communications with any other
web site.
DISCLAIMERS THIS
SITE AND ALL CONTENTS OF THIS
SITE ARE PROVIDED BY
Gargi ON AN "AS IS" BASIS.
Gargi MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE,
MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. YOU
ACKNOWLEDGE, BY YOUR USE OF THE
SITE, THAT YOUR USE OF THE SITE
IS AT YOUR SOLE RISK, THAT YOU
ASSUME FULL RESPONSIBILITY FOR
ALL COSTS ASSOCIATED WITH ALL
NECESSARY SERVICING OR REPAIRS
OF ANY EQUIPMENT YOU USE IN
CONNECTION WITH YOUR USE OF OUR
SITE, AND THAT
Gargi NOR
Gargi
SHALL BE LIABLE FOR ANY DAMAGES
OF ANY KIND ARISING FROM YOUR
USE OF THIS SITE, INCLUDING, BUT
NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES. WITHOUT
LIMITING THE FOREGOING,
Gargi DOES NOT REPRESENT OR WARRANT
THAT THE INFORMATION ON THE
Gargi
WEB SITE IS ACCURATE, COMPLETE
OR CURRENT OR THAT THE
Gargi SITE WILL OPERATE WITHOUT
INTERRUPTION OR ERROR.
INDEMNIFICATION
You agree to defend, indemnify
and hold Gargi and/or Gargi, its
parent, subsidiaries and
affiliates harmless from and
against any and all claims,
damages, costs and expenses,
including attorneys' fees,
arising from or related to your
use of the Site.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL
Gargi
OR ITS PARENT OR ANY OF ITS
SUBSIDIARIES, AFFILIATES,
EMPLOYEES, DIRECTORS, OFFICERS,
AGENTS, VENDORS OR SUPPLIERS BE
LIABLE TO YOU OR ANY THIRD
PARTIES FOR ANY DIRECT OR
INDIRECT LOSSES OR DAMAGES
ARISING OUT OF OR IN CONNECTION
WITH YOUR USE OF OR INABILITY TO
USE THE
Gargi
SITE.
THIS IS A COMPREHENSIVE
LIMITATION OF LIABILITY THAT
APPLIES TO ALL LOSSES AND
DAMAGES OF ANY KIND (WHETHER
GENERAL, SPECIAL, CONSEQUENTIAL,
INCIDENTAL, EXEMPLARY OR
OTHERWISE, INCLUDING, WITHOUT
LIMITATION, LOSS OF DATA, INCOME
OR PROFITS), WHETHER IN
CONTRACT, NEGLIGENCE OR OTHER
TORTIOUS ACTION, EVEN IF AN
AUTHORIZED REPRESENTATIVE OF
Gargi
HAS BEEN ADVISED OF OR SHOULD
HAVE KNOWN OF THE POSSIBILITY OF
SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH
THIS SITE OR ANY CONTENT ON THE
SITE, OR WITH THIS AGREEMENT OR
TERMS AND CONDITIONS, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE
Gargi SITE.
APPLICABLE LAW MAY NOT ALLOW THE
LIMITATION OF LIABILITY SET
FORTH ABOVE, SO THIS LIMITATION
OF LIABILITY MAY NOT APPLY TO
YOU. IF ANY PART OF THIS
LIMITATION ON LIABILITY IS FOUND
TO BE INVALID OR UNENFORCEABLE
FOR ANY REASON, THEN THE
AGGREGATE LIABILITY OF
Gargi
UNDER SUCH CIRCUMSTANCES FOR
LIABILITIES THAT OTHERWISE WOULD
HAVE BEEN LIMITED SHALL NOT
EXCEED TWENTY DOLLARS ($20) AS
STATED ABOVE.
TERMINATION This
Agreement is effective unless
and until terminated by either
you or Gargi. You may terminate
this Agreement at any time.
Gargi and/or Gargi also may
terminate this Agreement at any
time and may do so immediately
without notice, and accordingly
deny you access to the Site, if
in Gargi's sole discretion you
fail to comply with any term or
provision of this Agreement.
Upon any termination of this
Agreement by either you or
Gargi, you must promptly destroy
all materials downloaded or
otherwise obtained from this
Site, as well as all copies of
such materials, whether made
under the terms of this
Agreement or otherwise.
And lastly... Unless otherwise specified and
except to the extent Gargi
products are offered for sale
through this Site, this Site and
the Contents thereof are
displayed solely for the purpose
of promoting Gargi's and Gargi's
products and services available
in the United States and in
affiliate International markets.
This Site is controlled and
operated by Gargi from its
offices in India and its server
located in California.
This Agreement shall be
construed in accordance with the
laws of India, without regard to
any conflict of law provisions.
Any dispute arising under this
Agreement shall be resolved
exclusively by the state and
local courts of India.
You represent you are over 13
years of age and have the legal
capacity to access the Gargi
site and enter into a contract
and/or legally allowed to
divulge the information
collected in the registration
process.
This Agreement and the terms and
conditions of use contained
herein represent the entire
agreement between you and Gargi.
Copyright © 1999-2002 Gargi, and
Gargi-india.com.
|