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All
information is provided on a volunteer basis by users of this Web site
and members of CAclub.. Users of this Web site and members of
CAclub have varying levels of knowledge; CAclub does not certify
accuracy of any information or certify that any level of expertise relevant
to that information has been met. Your access to and use of caclubindia.com
(the "Site") is governed by these Terms of Use and disclaimer clause
on the site and any notices and consent provided or obtained in connection
with the Site (collectively, the "Agreement"). As used in this Agreement
","caclubindia.com "We," "Us," or "Our" refers to CAclub ,its members
and designers/developers. "You" or "Your" refers to you, the user of
this Site.
BY USING THE SITE, YOU AGREE AS FOLLOWS:
1. Type of Content on the Site
The information available on this Site, including, without limitation,
reviews, opinions, directions, guides, graphics, photographs, logos,
audio or video clips, and data (collectively "Content") is not
a substitute for any type of professional advice, including, without
limitation, psychiatric, medical, financial, or legal advice. Always
seek the advice of an appropriate professional and never disregard professional
advice or delay in seeking it because of Content on this Site. CAclub
does not certify or endorse the Content on this Site,
including without limitation any opinion, recommendation, advice, or
any other information contained in the Content.
caclubindia.com IS NOT RESPONSIBLE FOR HARM TO PERSONS OR PROPERTY
THAT RESULTS FROM YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION,
USE OF ANY CONTENT ON THE SITE.
2. Agreement to Deal Electronically
Your use of the Site is conducted electronically and you agree that
caclubindia.com may communicate with you electronically for all aspects
of your use of the Site, including sending you electronic notices. If
you do not wish to deal electronically, do not use this Site. Delivery
of electronic notices is not infallible, so you agree to contact caclubindia.com
if you need information about the Site. You agree to keep all records
relating to your use of the Site and to print or make an electronic
copy of this Agreement and any disclosures provided on the Site. Except
as prohibited by law, you waive any law requiring different communication
methods in connection with your use of this Site caclubindia.com reserves
the right, at its sole discretion, to deliver notices and disclosures
by other means such as postal mail.
3. Changes to this Agreement
The Site is like a store: every time a customer enters a store the customer
is bound by the rules in effect on the date of the customer’s visit.
Similarly, at this Site, you are bound by the version of this Agreement
that is in effect on the date of your visit. The terms of this Agreement
may change from time to time so please review it when you visit the
Site. Any use of the Site after the effective date of any change will
constitute your consent to the revised Agreement.
4. Protect Your Password: You Authorize All Uses Made Of It.
You are responsible for maintaining the confidentiality of the password
that you choose to access and use the Site ("Account"). Subject to applicable
law, you agree to be liable for all uses of your Account whether or
not actually authorized by you, including but not limited to uses of
your Account to submit questions at the Site or to answer questions
through the Site. This means that you should not supply your password
to anyone who is not authorized to take actions for you.
5. Privacy
caclubindia.com may use your email address for the purposes it
considers and deems fit. Information about you may be used by caclubindia.com
for the purposes it considers and deems fit.
6. License to Use the Site
caclubindia.com hereby grants you a limited, non-transferable license
to access and use the Site and Content solely for your personal, non-commercial
purposes. Except for the license in this Section 6, caclubindia.com
retains all right, title, and interest in and to the Site and Content.
Subject to applicable law, caclubindia.com reserves the right to suspend
or deny, at its sole discretion, your access to all or any portion of
the Site with or without notice. You may not access or use the Site
or any portion of the Site if such access would violate any law. You
may access and print copies of the web screens from this Site, including
a copy of this Agreement, for your personal use. Except as provided
in this Agreement, permission to reprint or electronically reproduce
any Content in whole or in part for any other purpose is expressly prohibited,
unless prior written consent is obtained from caclubindia.com. You may
contact us if you wish to obtain such consent. The Content on
this Site is protected by copyright under both United States and foreign
laws. All rights not expressly granted herein are reserved to caclubindia.com
and its licensors.
The license in this Section 6 does not include permission to copy the
design elements, "look and feel" or layout of this Site. Those elements
are protected by law, such as trade dress, trademark, unfair competition,
and other laws, and may not be copied or imitated in any manner. Subject
to applicable law, caclubindia.com reserves the right to revoke
the above permission at any time and to suspend or deny, in its sole
discretion, your access to all or any portion of the Site with or without
notice. Except as expressly provided in this Agreement, neither caclubindia.com
nor any third party has conferred upon you by implication, estoppels,
or otherwise, any license or right under any patent, copyright, trademark,
trade secret or any other proprietary right.
7. Rules Relating Services
If you use the services , you are solely responsible for communications
posted by you or through your Account. You agree that violation of any
of the following rules constitutes a material breach of this Agreement:
- Using the Service for any purpose in violation of local,
state, national, or international laws;
- Providing false information on your registration form or impersonating
any person;
- Posting material that infringes on the intellectual property
rights of others or on the privacy or publicity rights of others;
- Posting or transmitting any information, data, text, files,
links, software, chat, communication, or any other materials that
are unlawful, harmful, threatening, abusive, invasive of another's
privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful,
racist, embarrassing or otherwise objectionable to any other person
or entity as determined by caclubindia.com in its sole discretion;
- Posting or transmitting any unsanctioned advertising, promotional
materials, or any other forms of unsanctioned solicitation, including,
without limitation, "junk mail," "Spam," "chain letters," or any
unsolicited mass distribution of email;
- Posting surveys, contests, or pyramid schemes;
- Posting improper questions or answers that are not related to
the particular topic;
- Stalking, harassing, or otherwise harming others;
- Distributing viruses, corrupted files, or any other similar
software or programs that may damage the operation of another™s
computer;
- Collecting or storing personal data about other users of the
Site; Inducing, enticing, soliciting, recruiting, luring, or attempting
to induce, entice, solicit, recruit, or lure users or Experts to
another web site which, incaclubindia.com reasonable determination,
is a competitor of caclubindia.com
- Engaging in any other conduct that inhibits any other person
from using or enjoying the Q&A Service or the Site;
- Engaging in any other behaviour on the Site, which in caclubindia.com
sole discretion is unacceptable.
caclubindia.com may (but is not obligated)
to remove Content for any reason, with or without notice to you, including
without limitation Submissions (as defined below) that do not conform
with the rules Service and terminate your access to the Site.
8. License to Submissions to the Site
Should you provide this Site with information, including without limitation,
postings , feedback, data, questions, comments or suggestions ("Submissions")
those Submissions will be deemed not to be confidential. You grant caclubindia.com
a royalty-free, perpetual, irrevocable, world-wide license to use, copy,
reproduce, create derivative works from, adapt, modify, publish, edit,
translate, sell, distribute, transmit, transfer, publicly display, publicly
perform, and display the Submissions without any limitation and in any
media or any form now known or later developed. caclubindia.com may
sublicense these rights to third parties.
9. Copyright Infringement Notification & Other Reports
caclubindia.com relies on users of the Site to bring copyright violations
to our attention. . If you are aware of infringing materials on the
Site, please notify caclubindia.com agent:
abuse@caclubindia.com
To be effective, the Notification must include the following:
- A physical or electronic signature of a person authorized to
act on behalf of the owner of an exclusive right that is allegedly
infringed;
- Identification of the copyrighted work claimed to have been
infringed, or if multiple copyrighted works at a single online site
are covered by a single notification, a representative list of such
works at that site;
- Identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be removed
or access to which is to be disabled, and information reasonably
sufficient to permit caclubindia.com
to locate the material;
- Information reasonably sufficient to permit caclubindia.com to contact
you, such as an address, telephone number, and if available, an
electronic mail address at which the you may be contacted;
- A statement that you have a good faith belief that use of the
material in the manner complained about is not authorized by the
copyright owner, its agent, or the law; and A statement that the
information in the notification is accurate, and under penalty of
perjury, that you are authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
Notwithstanding the foregoing, caclubindia.com does
not guarantee any action based upon the receipt of such information.
ALL INQUIRIES NOT IN COMPLIANCE WITH THE ABOVE NOTICE AND PROCEDURE
FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT WILL RECEIVE NO RESPONSE.
10. Your Representations & Warranties
You represent and warrant for the benefit of caclubindia.com and caclubindia.com
licensors, suppliers, and any third parties mentioned on the Site that:
(a) you are at least 18 years of age or you have obtained verifiable
parental consent to use this site; (b) you possess the legal right and
ability to enter into and make the representations and warranties contained
in this Agreement; (c) all information that you submit to us is true
and accurate; (d) you will keep your registration information current;
(e) you will be responsible for all use of your Account even if such
use was conducted without your authority or permission (for example,
and not by way of limitation, if an unauthorized third party submits
or answers a question under your Account); (f) you will not use the
Site for any purpose that is unlawful or prohibited by this Agreement
(for example, and not by way of limitation, abiding by the Service
Rules); and (g) all Submissions are owned by you and caclubindia.com
use of the Submissions does not infringe or violate the intellectual
property or other rights of any third parties.
11. Indemnity
You agree to defend, indemnify and hold harmless caclubindia.comits members ,officers, directors, employees, agents, licensors, and
suppliers, from and against all claims, actions or demands, liabilities,
and settlements, including, without limitation, reasonable legal and
accounting fees, arising in connection with your use of the Site or
resulting from, or alleged to result from, your use of the Site or your
violation of this Agreement.
12. DISCLAIMERS OF ALL WARRANTIES AND DUTIES
THIS SITE AND ALL CONTENT IS PROVIDED "AS IS," "AS AVAILABLE," "WITH
ALL FAULTS," AND WITHOUT WARRANTY OF ANY KIND. caclubindia.com AND
caclubindia.comLICENSORS GIVE NO EXPRESS WARRANTIES AND DISCLAIM:
(A) ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; caclubindia.com
OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT
MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS,
RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY CONTENT ON THE
SITE; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK
OF NEGLIGENCE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE,
ACCURACY AND EFFORT IN CONNECTION WITH THE SITE AND CONTENT IS WITH
YOU.
IN ADDITION,caclubindia.com DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT,
TITLE, OR QUIET ENJOYMENT.
13. Links to Third Party Sites
As a convenience, we may provide links to third party web sites from
the Site. caclubindia.com is not responsible for and does not
endorse the informational content or any products or services available
on any third-party web site and does not make any representations regarding
its content or accuracy. We do not control any third party web site,
and we are not liable for any technological, legal or other consequences
that arise out of your visit or transactions there. Your use of third
party websites is at your own risk and subject to the terms and conditions
of use for such sites. This means that we are not your agent and will
not be a party to any contract you enter.
14. Limitation of Liability and Remedies
IN NO EVENT WILLcaclubindia.com LICENSORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY DAMAGES,
OR ANY AND ALL OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF
DATA, PERSONAL INJURY, FAILURETO MEET ANY DUTY INCLUDING ACTS
OF GOOD FAITH OR OF REASONABLE CARE, LACK OF NEGLIGENCE, AND FOR ANY
OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE, THE DELAY OR INABILITY
TO USE THIS SITE, OR THIS AGREEMENT, EVEN IN THE EVENT OF FAULT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH
OF WARRANTY OF caclubindia.com AND EVEN IF caclubindia.com HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY
DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON, YOUR EXCLUSIVE REMEDY FOR
ALL OF THE FOREGOING WILL BE LIMITED TO DISCONTINUING YOUR USE OF THE
SITE. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES WILL APPLY
EVEN IF ANY REMEDY FAILS. IF, HOWEVER, A COURT OF COMPETENT JURISDICTION
DETERMINES THAT YOU ARE ENTITLED TO DIRECT DAMAGES PURSUANT TO APPLICABLE
LAW YOU AGREE THAT caclubindia.com LIABILITY WILL NOT EXCEED THE
AMOUNT OF Rs 200.00 (Rs two hundred, Indian). YOU ACKNOWLEDGE THAT THIS
PROVISION IS FAIR.
15. Miscellaneous; Entire Agreement
If any part of this Agreement is determined to be illegal, void, invalid
or unenforceable, then the invalid or unenforceable provision (or portion)
will be deemed superseded by valid, enforceable language that most closely
matches the intent and allocation of risk in the original provision
(or portion) and the rest of the Agreement will continue in full force
and effect. The Agreement constitutes the entire agreement between you
and caclubindia.com with
respect to the Site and your use of the Site, and supersedes all other
(prior or contemporaneous) communications or displays whether electronic,
oral, or written, between you and caclubindia.com regarding the Site and your activities.
16. Geographical & Export Restrictions
You agree that all Content posted or accessible via the Site is subject
to applicable export control laws and regulations of the Indian Government.
You agree not to export or re-export any Content directly or indirectly,
to any country not permitted by Indian governmentexport restrictions.
17. INDIAN LAW TO BE APPLICABLE:JURISDICTION AT GUWAHATI,ASSAM, ONE MONTH-STATUTE OF LIMITATIONS
This Agreement is governed by the law of India, without giving effect
to the principles of conflicts of laws thereof. Your consent to this
Agreement includes your consent to jurisdiction and venue in the courts
in GUWAHATI, ASSAM in all disputes arising out of or relating to this
Agreement. caclubindia.com makes no claims that this Site is appropriate
for viewing or accessing outside India.. You consent to exclusive jurisdiction
and venue in the courts of Guwahati,
Assam. You waive all defenses of lack of jurisdiction, venue, or forum
non-convenience. Use of the Site is not authorized in any jurisdiction
that does not give effect to all provisions of this Agreement. caclubindia.com
performance of this Agreement is subject to existing laws and
legal process, and you agree that we may comply with law enforcement
or regulatory requests or requirements notwithstanding any contrary
term of this Agreement. Any cause of action or claim you may bring in
connection with the Site, including without limitation any Content,
must be commenced within one (1) month after the claim or cause
of action arises otherwise such claim or cause of action shall
be deemed to be barred. In any dispute between caclubindia.comand you relating to this Site, the prevailing party will not be entitled to attorneys™ fees, costs and expenses.
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