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Terms of Use Welcome to Yantra's website (the "Site"). By accessing and using this Site you agree to the following terms and conditions regarding your use of the Site ("Terms of Use"). If you do not agree to these Terms of Use, please do not use this Site. We may revise these Terms of Use at any time without notice to you. You agree that you are responsible for complying with the laws of the jurisdiction from which you are accessing the Site and that you will not access or use the information or content on the Site in violation of such laws. Use of the Site Any use of the Site, including any information and content provided by it or accessed through it, is at your own risk. Your use of the Site is not intended to and does not create a business, professional service, or other relationship between you and Yantra. The information and content on the Site is for your personal, non-commercial use only. You may not modify the information or content in any way and you may not remove or alter any copyright, trademark, or other proprietary notice. Except where your use constitutes "fair use" under applicable copyright law, you may not use, download, upload, copy, reproduce, print, display, publish, license, transmit or otherwise distribute any information or content from the Site without the prior express written consent of Yantra. The Site may contain links that provide access to other websites and services. These links are provided for your convenience and information. Use of any website or service accessed through the Site is at your own risk. The placement of these links on the Site does not mean that Yantra endorses or sponsors such websites or services, or that Yantra is affiliated with any third party operating or sponsoring such websites or services. Yantra is not responsible for and makes no warranties with respect to the websites or services accessed through this Site, nor any products or services purchased or obtained through such websites or services. Submissions Except for any personal information you submit to us which is governed by our privacy policy stated below, any information or material you transmit to Yantra over the Internet is, and will be treated as, non-confidential and non-proprietary. By transmitting any information or material to the Site, you agree that Yantra or any of its affiliates may use your information as material for any purpose, including reproduction, transmission, publication, broadcast, and posting. Furthermore, do not transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or violate any law. Trademarks The trademarks, logos, and service marks (collectively "Trademarks") appearing on the Site are the property of Yantra and other parties. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the prior written permission of the party that owns the Trademark. The use or misuse of these Trademarks or any other content on this site, except as provided in these Terms of Use or in the site content, is strictly prohibited. Yantra and the Yantra logo are trademarks or registered trademarks of Yantra Corporation. Notification of Claimed Infringement Yantra respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to Yantra:
Yantra's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Disclaimer All information, material and content appearing on the Site or accessed through it is provided "AS IS". YANTRA HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE INFORMATION OR CONTENT ON THE SITE OR ANY WEBSITE OR SERVICE ACCESSED THROUGH THE SITE. Limitation of Liability IN NO EVENT WILL YANTRA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRdth=ON, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, LOSS OF OR DAMAGE TO REPUTATION OR OTHER PECUNIARY LOSS) ARISING OUT OF OR IN CONNECTION (DIRECTLY OR INDIRECTLY) WITH (i) THE SITE OR ANY WEBSITE OR SERVICE ACCESSED THROUGH THE SITE, (ii) ANY INFORMATION OR CONTENT ON THE SITE OR ACCESSED THROUGH THE SITE, OR (iii) THE DISPLAY, COPYING OR USE THEREOF, WHETHER OR NOT YANTRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY OR TORT. Exclusions and Limitations SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS IN THE TWO FOREGOING PARAGRAPHS MAY NOT APPLY TO YOU. Indemnification You agree to defend, indemnify and hold harmless Yantra and its officers, directors, employees, agents and representatives from any and all losses, liabilities, damages, costs or expenses, whatsoever as incurred including without limitation, attorney's fees, arising out of or in any way relating to your access to or use of the Site. Applicable Law The Site is maintained in the Commonwealth of Massachusetts, U.S.A. and you acknowledge and agree that these terms of use and any legal action or proceeding in connection with, arising out of or relating to this Site shall be governed by the laws of the Commonwealth of Massachusetts, without giving effect to its conflicts of laws provisions, and the United States of America. By using the Site you agree to and irrevocably consent to submit, without regard to where in the world you are located or from where you accessed the Site, to the jurisdiction of the state courts of the Commonwealth of Massachusetts in Middlesex County and the United States District Court for the District of Massachusetts sitting in Boston, MA, and all courts to which appeals may be made therefrom. You acknowledge and agree that such courts shall be the exclusive venue, for any lawsuits, actions or other proceedings in connection with, arising out of or relating to your use the Site and agree not to commence any such lawsuit, action or other proceeding except in such courts. Miscellaneous You may not access, download, use or export information (including any software, products or services) contained on Site in violation of U.S. export laws or regulations, or in violation of any applicable laws or regulations. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, you and Yantra nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. |
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