CASHBURNERS PROVIDES VARIOUS SERVICES TO ITS USERS WHICH ARE DETAILED ON THE WEBSITE ‘herbal-ecstacy.com’ (HEREINAFTER REFERRED TO AS THE ‘SERVICES’)
READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS YOUR USE OF THE
(THE "WEB SITE") AND THE SERVICES AND GOODS PROVIDED THROUGH OR IN
CONNECTION WITH THE WEB SITE (COLLECTIVELY, THE "SERVICE"). IT
EXEMPTS THE COMPANY (THE "COMPANY") AND OTHERS FROM LIABILITY OR
LIMITS THEIR LIABILITY AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU
READ. EACH TIME YOU USE THE WEB SITE SERVICE, YOU ACKNOWLEDGE AND
YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THIS AGREEMENT. IF
NOT AGREE TO BE BOUND BY EACH PROVISION OF THIS AGREEMENT EACH TIME YOU
SERVICE, YOU MAY NOT USE THE SERVICE.
EACH TIME YOU USE THE SERVICE, THE TEXT OF THIS AGREEMENT AS IT THEN READS WILL GOVERN YOUR USE. ACCORDINGLY, WHEN YOU USE THE SERVICE, YOU SHOULD CHECK THE EFFECTIVE DATE OF THIS AGREEMENT (WHICH APPEARS AT THE TOP OF THIS AGREEMENT) AND, IF THE AGREEMENT HAS BEEN REVISED SINCE YOUR LAST VISIT TO THE WEB SITE, REVIEW THIS NEW VERSION OF THE AGREEMENT.
This End-User Services Agreement ("Agreement") is an agreement between you, an individual or an individual acting on behalf of your employer, a corporation, partnership, or other legal entity that will be using www.CASHBURNERS services ("User"), and ‘CASHBURNERS ’ ("Company").
1. USE OF REGISTRATION DATA
The User acknowledges that Registration Data is to be stored with the Company. The Company agrees not to contact the User if the User informs the Company of the User's preference to not be contacted. The Company shall endeavour to restrict third parties from contacting the User, and shall not provide or disclose User’s Registration Data to any third party, without express authorization of the User.
The User agrees that the Company, or an authorized official of the Company may disclose Registration Data to third parties about the User as well as information about the User's use of the Services, provided that such disclosures do not include the User's name, mailing address, email address, telephone or facsimile number, or account number, unless: (a) the User has authorized Company and to disclose such information; (b) such disclosure is required by law or legal process; or (c) the User violates any of the terms set forth in Section 7 below.
2. AUTHORIZED USERS
The System may be used only by individuals who have reached the age of majority or legal age in their jurisdictions and who can form legally binding contracts under applicable law. The System may not be used by individuals who have had their Web Site membership or account terminated or by individuals in jurisdictions where the System, or any part of it, may be illegal. It is solely your responsibility to determine whether your use of the System is lawful, and you must comply with all laws applicable in your jurisdiction, including export restrictions. The Company reserves the right to limit the availability of the Service and/or the provision of any service, program, film, or other product described therein to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service, program, film, or other product that the Company provides. VOID WHERE PROHIBITED.
3. FEES, CHARGES AND TAXES, AVAILABILITY, PRICES, MISPRINTS AND ERRORS, AND ORDERS
All fees and charges will be at the rates in effect at the time the charges were incurred. Charges incurred under this Agreement may include charges related to use of the Service, as well as charges related to goods and services provided by third parties but acquired through the Service. You are responsible for paying all fees, charges and applicable taxes associated with your use of the Service and any use of the Service by any person using your user ID. All amounts appearing on the Web Site are quoted in US dollars.
Company endeavors to provide current and accurate information on the
Nevertheless, misprints or other errors may occur. Accordingly, the
reserves the right to change the prices, fees and charges associated
Service, including any goods and services available through the
Service, at any
time and from time to time without any notice or any liability to you
other person. Also, due to the popularity of some goods and services,
Company cannot guarantee that goods or services advertised on the Web
be available when ordered or thereafter. The Company also reserves the
any time to reject, correct, cancel or terminate any order. If you
or services for which the price was incorrectly displayed at the time
of your order,
the Company will provide you with an opportunity to cancel your order.
order goods or services that are not available, the Company will notify
email. The Company reserves the right to limit quantities licensed or
Your order shall be deemed to be accepted only if and when the Web Site sends an order acceptance and shipping notice email to your email address. You may not cancel an order after the Company has sent an order acceptance and shipping notice email to you. If you wish to cancel an order that has not yet been accepted, you may request a cancellation by sending an email to the webmaster. However, the Web Site may not receive and process your cancellation request before it accepts and processes your order, in which case your cancellation request may not be effective.
If any payment due is not made by you, the Company may, in addition to its other remedies, at its sole discretion and without notice to you, (a) suspend its performance under this Agreement and your access to and use of the Service, or (b) terminate this Agreement and your access to and the use of the Service. If legal action is necessary to collect fees or charges due from you, then you will reimburse the Company for all expenses incurred in collecting the fees and charges, including all lawyers fees and other legal expenses.
4. CLIENT CONFIRMATION
The “Client” confirms that:
· The client is eighteen years of age or older.
· The Client confirms to CASHBURNERS (hereinafter “The Providers”) that the pharmaceutical(s) ordered by the Client (“the Ordered Product”) were prescribed by a duly qualified medical practitioner in the Place of Residence of the Client after a personal examination by the prescribing physician necessitating the need for the Ordered Product(s) for the Client’s specific diagnosed medical condition.·
· The Client confirms that no person other than the Client will use the Ordered Product.
· The client acknowledge that CASHBURNERS is required to have a licensed Indian Physician (“the Indian Physician”) review his/her medical information and that CASHBURNERS and its employees and agents have relied on the information and documentation provided by the client and the client represents that he/she has fully disclosed all pertinent requested information charged to the client arising from the Indian Physician reviewing his/her medical information.
· The Client confirms that he or she did not seek or request a medical opinion of the Indian licensed co-signing physician regarding the strength, dosage, usefulness or qualities of the Ordered Product or the duration of use, frequency of use, or appropriateness for their particular medical condition, nor do they seek any medical advise in any way from the Indian co-signing physician.
· The Client releases and discharges The Providers, and all of their officers and directors, agents, and employees from any and all liability, claims or causes of action with respect of the use or application of the Ordered Product by the Client, including, but not limited to undesired side effects.
· The Client waives any requirement to have the Indian Physician to conduct a physical examination of the client. The client acknowledges that there are no fees charged to him or her arising from the Indian Physician reviewing his or her medical information.
· The client will notify CASHBURNERS if there is any changes to his or her physical or medical condition or any change in the medication that the client is taking by submitting an updated Patient’s Questionnaire. The client certifies that he or she had a physical examination within the last 12 months from the date hereof.
· The Client agrees that child protective packaging may not be used by the Providers, unless requested by the client, and the Client releases and discharges the Providers and all of their officers and directors, agents and employees from any and all causes of action with respect errors or omissions by the company or agency responsible for transporting the Ordered Product to the Client.
· The client confirms that it is his or her responsibility to have their own Physician conduct regular physical examination, including any and all suggested testing by their own Physician to ensure that he or she has no medical problems which would constitute a contradiction to her/him taking medications prescribed by his or her own Physician.
· The client agrees that should he or she suffers any adverse effects while taking any medication that he or she will immediately contact his or her Own Physician and that in the event that he or she come under the care of another physician, he or she will inform the new physician of any medications that the client has been taking.
· The Client grants Limited Power of Attorney to the Providers, for the limited purpose of signing any documents as required by the laws of the India, which are necessary to permit the delivery of the Ordered Product to the Client, in the same manner as the Client could, if the Client had personally attended at the Providers place of business in India. The Client attorns to the jurisdiction of Delhi (India) and agrees that any dispute that arises between the Client and the Providers shall be heard by the courts in Delhi (India). The Provider and Client hereby submit to the jurisdiction of Delhi and agree that any dispute shall be heard by the Courts in Delhi (India), including, but not limited to any claims of negligence and/or malpractice. Further, the Client agrees that the laws of Delhi (India) shall apply in such a proceeding, agrees to these provisions on the basis that the Client understands that he/she is actively doing business in Delhi (India) pursuant to the laws, policies and privileges of Indian law including but not limited to the laws of Delhi (India) and that the Client is benefiting from such laws, policies and privileges by participating in this program. The clients acknowledges that Delhi shall have sole and exclusive jurisdiction over any such dispute
· The Client acknowledges that the Ordered Product may not be returned for a refund or an exchange.
USE OF THE SERVICE
Members and other Service users must use the Service responsibly and with respect for all persons. Members and other Service users must comply with all applicable laws, rules and regulations, including without limitation the Acceptable Use Policy, which is part of this Agreement and may be found by clicking here.
You also consent to the Company and its service providers monitoring, screening, policing and editing your use of the Service and the use of your accounts, including postings and submissions of Materials to the Service, without any notice or any liability to you or any other person. The Web Site and its service providers are not under any obligation to engage in such monitoring, screening, policing and editing, but may do so as they consider appropriate in their sole discretion, without notice to you or any other person.
For all Materials you may use or allow others to use in connection with the Service, including Materials posted or submitted to the Service:
· You grant to the Web Site and its service providers and licensees a non-exclusive, royalty-free, perpetual, irrevocable, unrestricted, world-wide right and license to access, use, copy, reproduce, distribute, transmit, display, perform, communicate to the public, modify, adapt, publish, translate, create derivative works from, and otherwise use such Materials (in whole or in part) in connection with the Service, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability to you or any other person, and free from any obligation of confidence or other duties on the part of the Web Site or its service providers;
· You grant to all members and other Service users permission to access, view, store, copy, reproduce, distribute, transmit, display, perform, and reproduce such Materials (in whole or in part) in any of the ways facilitated or provided by the Service; and
· You represent and warrant to the Company and its service providers and all members and other Service users that (i) their use of the Materials does not and will not violate or infringe the rights (including copyright, moral rights, and other intellectual property rights and privacy and personality rights) of any other person or any laws and (ii) you have all the rights necessary to grant all rights and licenses set forth above.
You also grant to the Web Site and its service providers the right to use your name in connection with the Materials.
LAW AND DISPUTE RESOLUTION
This Agreement, your use of the Service, all transactions through the Service, and all related matters are governed solely by the laws of India and applicable laws of Delhi, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws.
Any dispute between the Company and you or any other person arising from, in connection with or relating to the Service, this Agreement, any transaction through the Service or any related matters must be resolved before the Courts in Delhi, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of the Courts in Delhi in respect of any such dispute.
Any claim or cause of action you may have arising from, in connection with, or relating to your use of the Service, this Agreement, any transaction through the Service or any related matters must be commenced in a court of competent jurisdiction in Delhi within one (1) year after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.
AND USE OF THE SERVICE AND ITS CONTENT
The Service and all of its content, including data, photographs, images, icons, software, and other elements, are owned or licensed by the Company or its suppliers. The Service and all of its content are protected by domestic and international copyright, trademark, and other laws. Without limiting the above, the entire content of the Service is, under domestic and international copyright laws, a collective work owned by the Company. Your use of the Service and its content does not transfer to you any ownership or other rights in the Service or its content.
The Service and its content may not be used for any purpose not expressly permitted by this Agreement. In particular, except as expressly stated otherwise in this Agreement, the Service and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of the Company. You may not use any of the software that is used in the operation of the Service except while you use the Service. You may not copy any of the software used in the operation of the Service. You may not reproduce, copy, duplicate, sell, or resell any part of the Service or access to the Service.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the Web Site infringe your copyright (for example, Materials posted to the Web Site on one of our forums), you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Web Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow the Company to locate the material on the Web Site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send the Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
You may access and browse the Web Site using a commercially available, SSL-capable Web browser. You may print or download the pages of the Web Site and its content for your personal, non-commercial use, provided that you do not modify any of the Web pages or content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers.
Your use of the Service, including posting Materials to the Web Site, must be lawful, ethical, and respectful of the legal rights and interests of all other persons, and consistent with the security and reliability of the Service and the Internet generally.
Without limiting the above, the following rules apply to your use of the Service:
· LAWFUL USE: Your use of the Service must be lawful and must comply with all applicable domestic and foreign laws, regulations, rules, policies, treaties and tariffs, whether civil, criminal or otherwise. Access to the Service from locations where the Service may be illegal is prohibited.
· NON-COMMERCIAL USE: The Service may be used by you only for personal, non-commercial purposes and must not be used in connection with any commercial activities, including: (a) selling or offering to sell any goods or services, including reselling the Service; (b) soliciting for advertisers or sponsors; (c) conducting contests, gaming or gambling or offering prizes, awards or any other incentives to users; (d) displaying advertising or sponsorship banners, including those generated by banner or link exchange services; (e) soliciting for donations; or (f) use of unauthorized or unsolicited junk mail, spam, chain letters, pyramid schemes or any other form of solicitation.
· SECURITY AND PERFORMANCE: The Service must not be used by you with any action, device, software or routine which could directly or indirectly interfere (or attempt to interfere) with
· the proper working of the Service or impose an unreasonable or disproportionately large load or burden on the system or its infrastructure.
· OTHER PERSON'S RIGHTS: Your use of the Service must not infringe the legal rights of any other person (including privacy and personality rights, copyright, trade-mark, trade secret, patent, moral rights, and other proprietary rights).
· NO DATA COLLECTION: Your use of the Service must not involve any data matching or data mining, including without limitation the collection or use of information about other members and other users (including their email addresses) without their expressed consent.
USE GUIDELINES - PROHIBITED USES
The following is a non-exhaustive list of prohibited uses of the Service. The Company reserves the right, in its sole discretion, to determine whether any use by you of the Service is prohibited or otherwise violates this Policy.
· Uses that may violate the General Use Rules set forth above.
· Uses that may be unlawful, indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane, pornographic, obscene, sexually explicit, sexist, racist, hateful, offensive, harassing, invasive of the privacy rights of others, or otherwise objectionable. This prohibition extends to the posting of any Materials that depict, encourage, indicate, advocate or tend to incite any such conduct.
· Uses that may harm, threaten, harass, abuse or intimidate any other person in any way or involve materials that depict, promote, encourage, indicate, advocate or tend to incite the commission of a crime or other unlawful activities, violence, hatred, cruelty or discrimination against any individuals or groups, for any reason, or any act of cruelty to animals.
· Uses that may dilute or depreciate the name and reputation of the Company and its affiliates or associates.
· Uses that modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Web Site or the software underlying or offered on the Web Site, or that delete, obscure or modify any proprietary notice contained on the Web Site;
· Uses that "frame" or "mirror" any part of the Web Site without the Company's prior written authorization;
· Uses that interfere with other persons' use and enjoyment of the Service or of the Internet generally.
· Uses that may damage, disrupt, compromise or degrade the integrity, efficiency, performance or security of the Service or that may otherwise or result in:
o the circumvention or breach of any user authentication, password, security or control measures regarding the Service or any other Internet resource or computer system;
o unauthorized access to other persons' accounts and Materials (including Materials posted to the Service) or interference with their use and enjoyment of the Service.
· Uses that conceal or misrepresent the author or origin of any message or communication, or that impersonate any person, or that falsely state or otherwise misrepresent an affiliation with any other person, including without limitation any Company representative.
· Uses that contain, hyperlink to or otherwise disclose images of any person or private information about any person (such as names, telephone numbers, email addresses, postal addresses, social insurance or social security numbers) without that person's permission.
· The uploading, posting or transmission to the Service of any of the following Materials, whether posted publicly or with password protection, whether directly or indirectly or intentionally or unintentionally:
Materials that contain links to other sites or Internet resources;
o Executable programs or audio and video recordings;
o Materials that contain computer viruses, trojan horses, worms, time bombs, cancelbots, or other computer code that may damage, harm, detrimentally interfere with, surreptitiously intercept or expropriate, interrupt, limit the functionality of, or otherwise adversely affect the Service or any other computer system, hardware, software, telecommunications equipment, data, or personal information; and
o Materials that are encrypted.
YOUR ACCEPTANCE OF
This Agreement is an agreement between you and the Web Site and governs the use of the Service and any Materials that you may use or allow others to use in connection with the Service. For purposes of this Agreement, "Materials" includes user IDs, email addresses, passwords, comments, images, graphics, text and data and any other forms of information submitted to the Company, regardless of whether such information is posted publicly or with password protection.
Each time you use the Service, you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent (and for purposes of this Agreement, "person" includes any type of incorporated or unincorporated entity), without limitation or qualification, to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement, or you do not have the legal authority to agree to and accept this Agreement, then you may not use the Service.
All information you provide through the Service, including your registration information (name and email addresses), payment information (credit card numbers and expiration date), and transaction-related information must be true, accurate, current and complete. You must also provide the Web Site with updated registration information and payment information within 30 days of any changes. The Web Site and its service providers will rely on the information you provide. You will be responsible for any and all loss, damage, or additional costs that you, the Company or its service providers or others may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration and payment information within 30 days of any changes. The Company may, in its sole discretion, require a copy of a government-issued form of identification before making any changes to your registration information or payment information.
The Web Site may display advertisements on the Service, including on the pages that display Materials you post or submit to the Service. The manner, mode and extent of the advertising will be determined by the Company in its sole discretion, and is subject to change at any time and without any notice or any liability to you or any other person.
AND FRAMING THE WEB SITE
If you are a member, you may create links to the Materials you post to the Web Site from your own, personal, non-commercial site; however you may not create links from commercial sites (such as auction sites) or sites you do not own. Also, you may not use the Company name or any of the Marks or otherwise indicate, suggest or imply that the Company endorses the Materials you post to the Web Site.
Any other links to the Web Site or its content without the express permission of the Company are strictly prohibited. To request permission to link to the Web Site, please contact the webmaster. The Company reserves the right to cancel and revoke any permission it may give to link to the Web Site at any time, for any reason, and without any notice or liability to you or any other person.
The framing of the Web Site or any of its content in any form and by any method is strictly prohibited.
The Service may include advertisements for, and links to, other sites and businesses operated by third parties ("Other Sites"). Other Sites are independent from the Web Site, and the Company has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience. The Company does not sponsor or endorse any Other Sites or their content or the goods or services available through those sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you may not make any claim against the Company arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. The provisions of this Agreement under the section headed “Disclaimer “apply, with all necessary modifications, to your access to and use of any Other Sites and their business, goods, services, and content.
The Company does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names. The purpose of this policy is to avoid potential misunderstandings or disputes. Accordingly, please do not send any unsolicited ideas, suggestions or other materials ("Submissions") to the Company.
If you send Submissions to the Company or the Web Site, you automatically grant to the Company and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, transmit, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of the Company or its assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived.
From time to time the Web Site may make contests, sweepstakes or other promotions available to members and other Service users. All contests are governed by this Agreement and the applicable Contest Rules. By participating in a contest through the Service, you signify your agreement and acceptance of this Agreement and the applicable Contest Rules.
All transactions through the Service are governed by this Agreement and any applicable Transaction Agreement. By participating in a transaction through the Service, you signify your agreement and acceptance of the applicable Transaction Agreement.
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.
No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
You and the Company are independent contractors, and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the Service.
This Agreement as amended from time to time by the Company, and any applicable transaction agreements and contest rules, constitute the entire agreement between you and the Company relating to your use of the Service and supersede all previous agreements, written, oral or otherwise, between you and the Company with respect to your use of the Service. You may also be a party to a software licence agreement regarding any software you have downloaded from or through the Service.
The provisions of this Agreement will endure to the benefit of and be binding upon the Company and its service providers and their respective successors and assigns, and you and your heirs, executors, administrators, successors and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express written consent of the Company, which may be withheld in the Company's sole discretion. The Company and its service providers may assign this Agreement and their respective rights and obligations under this agreement without your consent.
The parties to this Agreement have expressly requested and required that this Agreement, and all other related documents, be drawn up in the English language.
Any rights not expressly granted by this Agreement are reserved to the Company.
LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY
The Company strives to make your use of the Service a useful and enjoyable experience. Nevertheless, the Company and its service providers do not accept any liability for your use of the Service. For that reason, the following provisions apply to your use of the Service:
endeavors to provide accurate, up to date and truthful information on
neither CASHBURNERS nor any of its employees, agents and associates
representations or give any warranties, whether expressly, tacitly or
as to the operation of the site, the information, content, materials
products included and available from this site.
CASHBURNERS, its employees, agents and associates will not be liable for any damage of whatsoever nature arising or resulting from the use of or inability to use this site or the information contained hereon, including but not limited to direct, indirect, incidental, punitive and consequential damage.
OPERATION OF THE SERVICE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND THE
SITE'S CONTROL. THE OPERATION OF THE SERVICE MAY NOT BE CONTINUOUS OR
UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY RISKS CANNOT BE
PASSWORD PROTECTION MAY NOT PREVENT UNAUTHORIZED ACCESS TO MATERIALS
USE OR ALLOW OTHER PERSONS TO USE IN CONNECTION WITH THE SERVICE,
MATERIALS POSTED OR SUBMITTED TO THE SERVICE.
THE WEB SITE AND ITS SERVICE PROVIDERS ARE UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF ITS MEMBERS OR OTHER USERS OF THE SERVICE. THE WEB SITE AND ITS SERVICE PROVIDERS DO NOT CONTROL THE MATERIALS POSTED OR SUBMITTED TO THE SERVICE AND DO NOT MONITOR, SCREEN, POLICE OR EDIT THOSE MATERIALS FOR COMPLIANCE WITH APPLICABLE LAWS OR THIS AGREEMENT. YOU MAY FIND SOME OF THE MATERIALS POSTED BY OTHER USERS TO BE OFFENSIVE, HARMFUL, INACCURATE OR DECEPTIVE. YOU SHOULD USE CAUTION AND COMMON SENSE WHEN USING THE WEB SITE AND RELATED SERVICES.
THE WEB SITE AND ITS SERVICE PROVIDERS ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE ARISING FROM OR RELATED TO ANY MISPRINTS OR ERRORS ON THE WEB SITE, INCLUDING THE UNAVAILABILITY OF ANY PRODUCT OR SERVICE YOU ORDER, ANY DELAY IN THE AVAILABILITY OF PRODUCTS OR SERVICES , OR ANY CHANGES IN THE PRICE OF PRODUCTS OR SERVICES.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, OR DURABILITY, ALL OF WHICH ARE HEREBY DISCLAIMED BY THE WEB SITE AND ITS SERVICE PROVIDERS TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE WEB SITE AND ITS SERVICE PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT:
· THE SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT, PHOTOGRAPHIC EQUIPMENT AND SOFTWARE;
· THE SERVICE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;
· THE SERVICE, THE INFORMATION OBTAINED THROUGH THE SERVICE, OR ANY RESULTS THAT MAY BE OBTAINED THROUGH THE USE OF THE SERVICE OR THE INFORMATION WILL BE ACCURATE, COMPLETE, RELIABLE, TIMELY, OR AUTHENTIC;
· THE COMPANY WILL MONITOR THE WEB SITE OR ANY MATERIALS THAT YOU OR THIRD PARTIES POST TO THE WEB SITE OR ANY COMPONENT THEREOF;
· THE QUALITY OF ANY GOODS, SERVICES, INFORMATION OR OTHER MATERIALS PURCHASED OR OBTAINED THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS;
· THE USE OF THE SERVICE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY MATERIALS FROM THE WEB SITE, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS OR BUGS;
· THE USE OF THE SERVICE, INCLUDING THE DOWNLOADING AND REPRODUCTION OF MATERIALS POSTED OR SUBMITTED TO THE SERVICE, WILL NOT INFRINGE THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON;
· ALBUM PASSWORD PROTECTION FOR MATERIALS YOU MAY USE OR ALLOW OTHERS TO USE IN CONNECTION WITH THE SERVICE, INCLUDING MATERIALS POSTED OR SUBMITTED TO THE SERVICE, WILL PREVENT UNAUTHORIZED ACCESS TO THOSE MATERIALS; OR
· THE MATERIALS YOU MAY USE OR ALLOW OTHERS TO USE IN CONNECTION WITH THE SERVICE, INCLUDING MATERIALS POSTED OR SUBMITTED TO THE SERVICE, WILL NOT BE MISUSED BY ANY OTHER PERSON;
AND THE WEB SITE AND ITS SERVICE PROVIDERS DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
21. LIABILITY EXCLUSION
· THE WEB SITE AND ITS SERVICE PROVIDERS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, IN CONNECTION WITH, OR RELATING TO THE USE OF THE SERVICE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY THE COMPANY OR ITS SERVICE PROVIDERS OR ANY OTHER PERSON FOR WHOM ANY OF THEM IS RESPONSIBLE, AND NOTWITHSTANDING THAT THE COMPANY OR ITS SERVICE PROVIDERS MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.
WITHOUT LIMITING THE FORGOING, IN NO EVENT WILL THE COMPANY AND ITS SERVICE PROVIDERS EVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY THE COMPANY OR ITS SERVICE PROVIDERS OR ANY PERSON FOR WHOM EITHER THE COMPANY OR ITS SERVICE PROVIDERS ARE RESPONSIBLE, IN AN AMOUNT EXCEEDING $25 (USD) OR THE PRO-RATED AMOUNT YOU PAID TO THE COMPANY FOR THE USES OF THE SERVICE WHICH ARE THE SUBJECT OF THE CLAIM, WHICHEVER IS LESS.
· YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE THE COMPANY AND ITS SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.
· YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE COMPANY AND ITS SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL DAMAGES, LIABILITIES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH USE OF THE SERVICE BY YOU. YOU WILL ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENCE OF ANY SUCH CLAIM OR DEMAND.
· ADVICE AND INFORMATION PROVIDED BY THE COMPANY OR ITS SERVICES PROVIDERS OR THEIR REPRESENTATIVES, OR THROUGH THE SERVICE, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMERS, LIABILITY EXCLUSIONS, LIABILITY LIMITATIONS, RELEASE AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.
exclusion of certain warranties and the
limitation of certain liabilities is prohibited by law in some
Such legal limitations may apply to you.
The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this Agreement survive the termination of this Agreement.
The user must provide correct information regarding his credit card information and must make payment for the medicines as and when they are delivered and incase he fails to do so then his order shall be cancelled and he shall be liable to pay costs borne by the Company.
COMPLIANCE, CONSEQUENCES, AND LAW ENFORCEMENT DISCLOSURE
The Company may in its sole discretion determine whether this Policy has been violated.
Policy violations constitute a breach of the Web Site Use Agreement and may, in the sole discretion of the Company, result in: (a) termination or suspension of permission to use the Service and any Web Site membership and accounts you may have; (b) restricted access to Materials posted to the Service; (c) removal and permanent deletion and destruction of Materials posted to the Service; and (d) other consequences; all without any notice or liability to you or any other person.
Service users who violate this Policy may incur criminal or civil liability.
The Company may in its sole discretion report perceived violations of applicable law to law enforcement authorities. The Company will co-operate fully with law enforcement authorities in the investigation of suspected unlawful conduct, including providing Web Site members' personal information (including account information and payment information), Service users' personal information, and copies of Materials used in connection with the Service, including Materials posted to the Service.
The Company's failure to enforce this Policy, for whatever reason, shall not be construed as a waiver of any preceding or subsequent violation of this Policy.
You acknowledge that it is the Company's policy to cooperate with law enforcement agencies investigating illegal or improper activities relating to the Service.
MONITORING AND COMPLAINTS
The Company is not obliged to monitor, screen, police or edit the use of the Service, including postings of Materials to the Web Site, although the Company reserves the right to do so in its sole discretion and without any notice or liability to you or any other person.
The Company will respond as it considers appropriate, in its sole discretion, if it becomes aware of any inappropriate uses of the Service, including uses that constitute copyright infringement. You may report violations of this Policy by e-mailing us at: legal@CASHBURNERS.com.
CHANGES TO THIS AGREEMENT