Welcome to Search4Jeweler.com
By using our site, you are agreeing to comply with and be
bound by the following terms of use. Please review the following
terms carefully. If you do not agree to these terms, you should
not use this site. The term “Search4Jeweler”,
“us” or “our” refers to LegalDocs
Online, Inc., the legal name of the owner of the Web site.
The term “you” refers to the user or viewer of
our Web Site.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined
in this Terms of Use Agreement ("Agreement") with
respect to our site (the "Site"). This Agreement
constitutes the entire and only agreement between us and you,
and supersedes all prior or contemporaneous agreements, representations,
warranties and understandings with respect to the Site, the
content, products or services provided by or through the Site,
and the subject matter of this Agreement. This Agreement may
be amended at any time by us from time to time without specific
notice to you. The latest Agreement will be posted on the
Site, and you should review this Agreement prior to using
the Site.
2. Copyright.
The Site, including any content, software
and services offered thereon, are the property of Search4Jeweler.com
and its suppliers. It is protected by the copyright and/or
other intellectual property laws of India and internationally.
You are hereby authorized solely to view and to retain a copy
of pages of this Site for your own personal use. Do not duplicate,
publish, modify, or otherwise distribute the material on this
Site unless specifically authorized in writing by Search4Jeweler.com
to do so. You hereby acknowledge and agree that, as between
Search4Jeweler.com and you, all right, title, and interest
in and to the Site and the provision thereof, including without
limitation any patent rights, patents, business methods, copyrights,
trademarks, trade secrets, inventions, know-how, and all other
intellectual property rights pertaining thereto, shall be
owned exclusively by Search4Jeweler.com. Except as expressly
authorized by Search4Jeweler.com herein, you agree not to
make, copy, display, modify, rent, lease, license, loan, sell,
distribute, or create derivative works of the Site, in whole
or in part
3. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable,
revocable license (a) to access and use the Site strictly
in accordance with this Agreement; (b) to use the Site solely
for internal, personal, non-commercial purposes; and (c) to
print out discrete information from the Site solely for internal,
personal, non-commercial purposes and provided that you maintain
all copyright and other policies contained therein. No print
out or electronic version of any part of the Site or its contents
may be used by you in any litigation or arbitration matter
whatsoever under any circumstances.
4. Restrictions and Prohibitions on Use.
Your license for access and use of the
Site and any information, materials or documents (collectively
defined as “Content and Materials”) therein are
subject to the following restrictions and prohibitions on
use: You may not (a) copy, print (except for the express limited
purpose permitted by Section 4 above), republish, display,
distribute, transmit, sell, rent, lease, loan or otherwise
make available in any form or by any means all or any portion
of the Site or any Content and Materials retrieved from it;
(b) use the Site or any materials obtained from the Site to
develop, of as a component of, any information, storage and
retrieval system, database, information base, or similar resource
(in any media now existing or hereafter developed), that is
offered for commercial distribution of any kind, including
through sale, license, lease, rental, subscription, or any
other commercial distribution mechanism; (c) create compilations
or derivative works of any Content and Materials from the
Site; (d) use any Content and Materials from the Site in any
manner that may infringe any copyright, intellectual property
right, proprietary right, or property right of us or any third
parties; (e) remove, change or obscure any copyright notice
or other proprietary notice or terms of use contained in the
Site; (f) make any portion of the Site available through any
timesharing system, service bureau, the Internet or any other
technology now existing or developed in the future; (g) remove,
decompile, disassemble or reverse engineer any Site software
or use any network monitoring or discovery software to determine
the Site architecture; (h) use any automatic or manual process
to harvest information from the Site; (i) use the Site for
the purpose of gathering information for or transmitting (1)
unsolicited commercial email; (2) email that makes use of
headers, invalid or nonexistent domain names, or other means
of deceptive addressing; and (3) unsolicited telephone calls
or facsimile transmissions; (j) use the Site in a manner that
violates any state or federal law regulating email, facsimile
transmissions or telephone solicitations; and (k) export or
re-export the Site or any portion thereof, or any software
available on or through the Site, in violation of the export
control laws or regulations of the United States.
5. Forms, Agreements & Documents
We may make available through the Site
or through other Web sites sample and actual forms, checklists,
business documents and legal documents (collectively, “Documents”).
All Documents are provided on a non-exclusive license basis
only for your personal one-time use for non-commercial purposes,
without any right to re-license, sublicense, distribute, assign
or transfer such license. Documents are provided for a charge
and without any representations or warranties, express or
implied, as to their suitability, legal effect, completeness,
currentness, accuracy, and/or appropriateness. THE DOCUMENTS
ARE PROVIDED “AS IS”, “AS AVAILABLE”,
AND WITH “ALL FAULTS”, AND WE AND ANY PROVIDER
OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT
LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. The Documents may be inappropriate for
your particular circumstances. Furthermore, state laws may
require different or additional provisions to ensure the desired
result. You should consult with legal counsel to determine
the appropriate legal or business documents necessary for
your particular transactions, as the Documents are only samples
and may not be applicable to a particular situation. Some
Documents are public domain forms or available from public
records.
6. No Legal Advice or Attorney-Client Relationship.
Information contained on or made available
through the Site is not intended to and does not constitute
legal advice, recommendations, mediation or counseling under
any circumstance and no attorney-client relationship is formed.
We do not warrant or guarantee the accurateness, completeness,
adequacy or currency of the information contained in or linked
to the Site. Your use of information on the Site or materials
linked to the Site is entirely at your own risk. We are not
a law firm and the Site is not a lawyer referral service.
7. Linking to the Site.
You may provide links to the Site, provided
(a) that you do not remove or obscure, by framing or otherwise,
advertisements, the copyright notice, or other notices on
the Site, (b) your site does not engage in illegal or pornographic
activities, and (c) you discontinue providing links to the
Site immediately upon request by us.
8. Advertisers.
The Site may contain advertising and sponsorships.
Advertisers and sponsors are responsible for ensuring that
material submitted for inclusion on the Site is accurate and
complies with applicable laws. We are not responsible for
the illegality or any error, inaccuracy or problem in the
advertiser’s or sponsor’s materials.
9. Errors, Corrections and Changes.
We do not represent or warrant that the
Site will be error-free, free of viruses or other harmful
components, or that defects will be corrected. We do not represent
or warrant that the information available on or through the
Site will be correct, accurate, timely or otherwise reliable.
We may make changes to the features, functionality or content
of the Site at any time. We reserve the right in our sole
discretion to edit or delete any documents, information or
other content appearing on the Site.
10. Indemnification.
You agree to indemnify, defend and hold
us and our partners, agents, officers, directors, employees,
subcontractors, successors, assigns, third party suppliers
of information and documents, advertisers, product and service
providers, and affiliates (collectively, "Affiliated
Parties") harmless from any liability, loss, claim and
expense related to your violation of this Agreement or use
of the Site.
11. Nontransferable.
Your right to use the Site is not transferable
or assignable. Any password or right given to you to obtain
information or documents is not transferable or assignable.
12. Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS
FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS
AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES,
EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED
TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND
SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER
FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED
IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF,
WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES
FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE
LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION
AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS
SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION
PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE
ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED
IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY
DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC
FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
13. Limitation of Liability
(a) We and any Affiliated Party shall not
be liable for any loss, injury, claim, liability, or damage
of any kind resulting in any way from (a) any errors in or
omissions from the Site or any services or products obtainable
therefrom, (b) the unavailability or interruption of the Site
or any features thereof, (c) your use of the Site, (d) the
content contained on the Site, or (e) any delay or failure
in performance beyond the control of a Covered Party.
(b)THE AGGREGATE LIABILITY OF US AND THE
AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT
OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION,
DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT
EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER
REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED
PARTY.
14. Use of Information.
We reserve the right, and you authorize
us, to the use and assignment of all information regarding
Site uses by you and all information provided by you in any
manner consistent with our Privacy Policy. All remarks, suggestions,
ideas, graphics, or other information communicated by you
to us (collectively, a "Submission") will forever
be our property. We will not be required to treat any Submission
as confidential, and will not be liable for any ideas (including
without limitation, product, service or advertising ideas)
and will not incur any liability as a result of any similarities
that may appear in our future products, services or operations.
Without limitation, we will have exclusive ownership of all
present and future existing rights to the Submission of every
kind and nature everywhere. We will be entitled to use the
Submission for any commercial or other purpose whatsoever,
without compensation to you or any other person sending the
Submission. You acknowledge that you are responsible for whatever
material you submit, and you, not us, have full responsibility
for the message, including its legality, reliability, appropriateness,
originality, and copyright.
15. Securities Laws.
The Site may include statements concerning
our operations, prospects, strategies, financial condition,
future economic performance and demand for our products or
services, as well as our intentions, plans and objectives
(particularly with respect to product and service offerings),
that are forward-looking statements. These statements are
based upon a number of assumptions and estimates which are
subject to significant uncertainties, many of which are beyond
our control. When used on our Site, words like "anticipates,"
"expects," "believes," "estimates,"
"seeks," "plans," "intends,"
"will" and similar expressions are intended to identify
forward-looking statements designed to fall within securities
law safe harbors for forward-looking statements. The Site
and the information contained herein does not constitute an
offer or a solicitation of an offer for sale of any securities.
None of the information contained herein is intended to be,
and shall not be deemed to be, incorporated into any of our
securities-related filings or documents.
16. Links to other Web Sites.
The Site contains links to other Web sites.
We are not responsible for the content, accuracy or opinions
express in such Web sites, and such Web sites are not investigated,
monitored or checked for accuracy or completeness by us. Inclusion
of any linked Web site on our Site does not imply approval
or endorsement of the linked Web site by us. If you decide
to leave our Site and access these third-party sites, you
do so at your own risk.
17. Miscellaneous.
This Agreement shall be treated as though
it were executed and performed in San Francisco, California,
and shall be governed by and construed in accordance with
the laws of the State of California (without regard to conflict
of law principles). Any cause of action by you with respect
to the Site (and/or any information, Documents, products or
services related thereto) must be instituted within one (1)
year after the cause of action arose or be forever waived
and barred. All actions shall be subject to the limitations
set forth in Section 16 and Section 17. The language in this
Agreement shall be interpreted as to its fair meaning and
not strictly for or against any party. Any rule of construction
to the effect that ambiguities are to be resolved against
the drafting party shall not apply in interpreting this Agreement.
This Agreement and all incorporated agreements and your information
may be automatically assigned by us in our sole discretion
to a third party in the event of an acquisition, sale or merger.
If any provision of this agreement is held illegal, invalid
or unenforceable for any reason, that provision shall be enforced
to the maximum extent permissible, and the other provisions
of this Agreement shall remain in full force and effect. If
any provision of this Agreement is held illegal, invalid or
unenforceable, it shall be replaced, to the extent possible,
with a legal, valid, and unenforceable provision that is similar
in tenor to the illegal, invalid, or unenforceable provision
as is legally possible. To the extent that anything in or
associated with the Site is in conflict or inconsistent with
this Agreement, this Agreement shall take precedence. Our
failure to enforce any provision of this Agreement shall not
be deemed a waiver of such provision nor of the right to enforce
such provision. Our rights under this Agreement shall survive
any termination of this Agreement. The title, headings and
captions of this Agreement are provided for convenience only
and shall have no effect on the construction of the terms
of this agreement.
18. Arbitration.
Any legal controversy or legal claim arising
out of or relating to this Agreement or our services, excluding
legal action taken by us relating to Site operations and/or
intellectual property, shall be settled solely by confidential
binding arbitration in accordance with the commercial arbitration
rules of JAMS applicable at the time the arbitration commences.
Any such controversy or claim shall be arbitrated on an individual
basis, and shall not be consolidated in any arbitration with
any claim or controversy of any other party. The arbitration
shall be conducted in San Francisco, California. Each party
shall bear its own attorneys' fees. Each party shall bear
one-half of the arbitration fees and costs incurred through
JAMS.
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