Terms of Offer. This Website offers for sale certain products (the "Products"). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement. Customer Solicitation: Unless you notify our third party call center reps or direct [Business Name] sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations [Business Name] and its designated in house or third party call team(s). Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations. 1. You may use the opt out link found in any email solicitation that you may receive. 2. You may also choose to opt out, via sending your email address to: [opt-out email]. 3. You may send a written remove request to [Company Address]. Proprietary Rights. [Business Name] has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by [Business Name]. [Business Name] also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information. Sales Tax. If you purchase any Products, you will be responsible for paying any applicable sales tax.
Content; Intellectual Property; Third Party Links. In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about nutritional and dietary supplements. [Business Name] does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that [Business Name] does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. [Business Name] does not endorse the contents on any such third-party websites. [Business Name] is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. [Business Name] EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. ("PRODUCTS" INCLUDE TRIAL PRODUCTS.)
You will release, indemnify, defend and hold harmless [Business Name], and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to [Business Name]. When [Business Name] is threatened with suit or sued by a third party, [Business Name] may seek written assurances from you concerning your promise to indemnify [Business Name]; your failure to provide such assurances may be considered by [Business Name] to be a material breach of this Agreement. [Business Name] will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of [Business Name] choice at its expense. [Business Name] will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend [Business Name] against any claim, but you must receive [Business Name] prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
[Business Name] ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE. [Business Name] WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.
The service offered to customer conditioned upon customer’s acceptance without modification of this agreement. Customer Acknowledges that, from time to time, it may be necessary for Simplified Management Solutions Pvt Ltd to update or revise certain provisions of the given Agreement. By signing up for any Company’s service and accepting the agreement, customer agrees that Company may change the terms of the agreement in its sole discretion without any specific notice to customers. Unless explicitly starts otherwise, any new features or products that change, augment or enhance the current service shall be subject to this agreement. While we endeavor to keep these materials up to date, Simplified cannot assume responsibility for any errors or omissions in these materials. Simplified further does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. Simplified may make changes to these materials, or to the products or services described herein, at any time without notice, and makes no commitment to update the information contained herein. Simplified reserves the right to terminate your access to the service in the event that you violate these Terms and Conditions, or for any reason whatever. Simplified welcomes your feedback and suggestions about how to improve our products and services and this service. By transmitting any suggestions, information, material, or other content to Simplified, you automatically grant Simplified the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform, and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. Further, Simplified is free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications you send to this service for any purpose whatever, including but not limited to creating and marketing products and/or services using such information.