Last updated July 28, 2021
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and NetMaxims Technologies Pvt. Ltd. ("Company", "we", "us", or "our), concerning your access to and use of the https://Netmaxims.com as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). We are registered in India and have our registered office in India. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the "Last updated" date of these Terms of Use, andyou waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable
The Site is intended for users who are at least 18 years old person under the age of 18 are not permitted to use or register for the Site
Unless otherwise indicated, the Site is our proprietary property and all source code databases, functionality, software website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content) and the trademarks service marks, and logos contained therein (the "Marks') are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and ternational conventions The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside, (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose and (5) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to.
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively. "Contributions"), Contributions may be viewable by other users of the Site and through third party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary When you create or make available any Contributions, you thereby represent and warrant that
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in among other things, termination or suspension of your rights to use the Site.
By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing The use and distribution may occur in any media formats and through any media channels
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide you warve all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your contributions
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions
We have the right, in our sole and absolute discretion, (1) to edit, redact or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site, and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions
You acknowledge and agree that any questions, comments suggestions, ideas, feedback, or other information regarding the Site Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you You hereby waive all moral rights to any such Submissions and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions
The Site may contain (or you may be sent via the Site) links to other websites (Third-Party Websites as well as articles photographs text graphics pictures designs, music, sound video, information applications, software, and other content or items belonging to or originating from third parties (Third-Party Content) Such Third-Party Websites and Third-Party Content are not investigated monitored, or checked for accuracy appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on available through or installed from the Site, including the content accuracy, offensiveness, opinions, reliability privacy practices or other policies of or contained in the Third Party Websites or the Third-Party Content
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us if you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold o harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities, (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof, (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
We care about data privacy and security Please review our Privacy Policy https://Netmaxims.com/privacy-policy.By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use Please be advised the Site is hosted in India. If you access the Site from any other region of the world with laws or other requirements goveming personal data collection, use, or disclosure that offer from applicable laws India, then through your continued use of the Site, you are transferring your data to India, and you agree to have your data transferred to and processed in India
We respect the intellectual property rights of others if you believe that any material available on or through the Site infringes upon any copyright you own or control please immediately notify us using the contact information provided below (a Notification) A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification Please be advised that pursuant to applicable law you may be held liable for damages if you make matenat misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright you should consider first contacting an attorney
These Terms of Use shall remain in full force and effect while you use the Site WITHOUT LIMITING ANY OTHER PROMISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME WITHOUT WARNING IN OUR SOLE DISCRETION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a takes or borrowed or the name of any third party, even if you may be acting on behalf of the third party In addition to terminating or suspending your account, we reserve the right to appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress
We reserve the right to change, modify or remove the contents of the Site at any time or for any reason at our sole discretion without notice However, we have no obligation to update any information on our Site We also reserve the night to modify or discontinue al or part of the Site without notice at any time We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site
We cannot guarantee the Site will be available at all times We may expenonce hardware, software or other problems or need to pertam maintenance red the Site resulting in interruptions, delays, or errors. We reserve the right to change, revise, update suspend, discontinue or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or une te Site during any downtime or discontinuance of the Site Nothing in these Terms of Use will be construed to obligele us to maintain and support the She topply any corrections, updates or releases in connection therewith
These Terms shall be governed by and defined following the laws of India Netmaam Technologies Pvt Ltd and yourself vocably cont at the courts of India shall have exclusive jurisdiction to resolve any dispute which may are in connection with these terms
To expedite resolution and control the cost of any dispute controversy or clim related to these Terms of Use (nach Depand the Depos by ether you or us individually a Party and collectively, the "Parties; the Partes agree to feat attempt to be any Depp provided below) informally for at least thirty (30) days before initiating artration, Suchermal regione reparere other Party
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be arbitration shall be The language of the proceedings shall be The governing law of the contract shall be the substantive law of
The seat, or legal place, of
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding, (b) there is no night or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures, and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of any of the intellectual property rights of a Party, (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use, and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for junsdiction above, and the Parties agree to submit to the personal jurisdiction of that court
There may be information on the Site that contains typographical errors inaccuracies, or omissions, including descriptions, pricing availability, and various other information We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice
THE SITE IS PROVIDED ON AN AS-IS AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK TO THE FULLEST EXTENT PERMITTED BY LAW. WE DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE (3)ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE (5) ANY BUGS VIRUSES TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY ANY HEREIN, YOU FOR ANY AND THE FORM OF THE OR CERTAIN LIMITATIONS IMPLIED WARRANTIES OR EXCLUSION LIMITATION OF DAMAGES THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS
You agree to defend, and hold us harmless, including our affiliates, and all of our respective officers, agents, partners, and employees, from and against any damage, liability, or demand, reasonable attorneys fees and expenses, made by any third party due to or arising out of (1) your Contributions, (2) use of the (3) breach of these Terms of (4) any breach of your representations and warranties set forth these Terms (5) violation of the rights of a third party, including but not limited to intellectual property or (6) any overt harmful act toward any other user of the Site with whom you connected via the Notwithstanding the foregoing, we reserve the at your to assume the exclusive defense and control of any matter for which you are required to us, and you agree to at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware it.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the as well as data to your use of the Site Although we perform regular routine backups of you are solely responsible for all data that you transmit or that relates to any you have undertaken using the You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby any right of action against us arising from any such loss or corruption of such data
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE YOU hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd, Suite N 112, Sacramento, Califomia 95834 or by telephone at (800) 952-5210 or (916) 445-1254
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control, if any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site please contact us at
NetMaxims Technologies Pvt. Ltd.
India
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