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CLUBINDiA
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 * DESIHERALD
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CLUBINDiA



DESIHERALD

For opening external web pages right through the app use this page. For example,
if you're a rock band, you can include a link to your concert page or for an
event app, you can include links to sponsors' websites.

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SHOWTIMES

For opening external web pages right through the app use this page. For example,
if you're a rock band, you can include a link to your concert page or for an
event app, you can include links to sponsors' websites.

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DESI LOCAL

Hyperlocal feature allows you and your users to create profile for their
professions like plumbing, grooming, welding, and others, with hourly charges,
in order to get work as per their area of expertise.

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LIVE TV

Create a collection of pages all at one place to make it easier for users to
access them in one go.

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ON THE ROAD FOOD

Empower developers to create the next generation of store finder, restaurant
locator and city guide apps with ability to let users add their own listings.

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Terms of UsePrivacy Policy

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NOTE: YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT 1. INTRODUCTION. THE TERMS
AND CONDITIONS SET FORTH BELOW (“TERMS OF USE”) AND THE PRIVACY POLICY
CONSTITUTE A LEGALLY-BINDING AGREEMENT BETWEEN CLUBINDIA (THE “ASSOCIATION”),
CUSTOMPRESCRIPTION INC., (“AC”)(THE ASSOCIATION AND AC ARE SOMETIMES REFERRED TO
HEREIN COLLECTIVELY AS “US” OR “WE”) AND YOU (THE “USER” OR “ADVERTISER”). THESE
TERMS OF USE CONTAIN PROVISIONS THAT DEFINE YOUR LIMITS, LEGAL RIGHTS AND
OBLIGATIONS WITH RESPECT TO YOUR USE OF AND PARTICIPATION IN THE INDIAN BUSINESS
AND SERVICE DIRECTORY (THE “BUSINESS DIRECTORY”) AVAILABLE THROUGH THE DOMAIN
AND SUB-DOMAINS OF THE BUSINESS DIRECTORY LOCATED AT WWW.CLUBINDIA.ORG
(COLLECTIVELY REFERRED TO HEREIN AS THE “WEBSITE”). AS USED HEREINAFTER, THE
TERMS “USER”, “USER”, “YOU”, “YOU”, “YOUR”, “YOUR”, AND “ADVERTISER” SHALL BE
SYNONYMOUS AND SHALL REFER TO THE PERSON OR BUSINESS ENTITY (OR AGENTS,
EMPLOYEES, AUTHORIZED REPRESENTATIVES, AFFILIATES, OR ANYONE ACTING ON THEIR
BEHALF) THAT IS UTILIZING THE SERVICES AND/OR ACCESSING THE WEBSITE. AS USED
HEREINAFTER, THE TERMS “US”, “OUR” AND “WE” SHALL REFER TO BOTH THE ASSOCIATION
AND AC. 2. PURPOSE THE MISSION OF THE BUSINESS DIRECTORY IS TO CONNECT PEOPLE
LOOKING TO DO BUSINESS WITH INDIAN OWNED OR INDIAN AFFILIATED BUSINESSES. TO
ACHIEVE OUR MISSION, WE MAKE SERVICES AVAILABLE THROUGH THE WEBSITE AND MOBILE
APPLICATIONS TO HELP YOU AND THOUSANDS OF OTHER PROFESSIONALS MEET, FIND DEALS,
AND DO BUSINESS WITH A NETWORK OF TRUSTED PROFESSIONALS AND BUSINESSES. 3. SCOPE
AND INTENT YOU AGREE THAT BY REGISTERING ON THE BUSINESS DIRECTORY OR BY USING
THE WEBSITE, INCLUDING OUR MOBILE APPLICATIONS, APPS, OR OTHER INFORMATION
PROVIDED AS PART OF THE OUR SERVICES (COLLECTIVELY THE “SERVICES”), YOU ARE
ENTERING INTO A LEGALLY BINDING AGREEMENT WITH CLUBINDIA, 1620 E BROAD STREET, #
1005, COLUMBUS OH 43206 USA. IF YOU ARE USING CLUBINDIA ON BEHALF OF A COMPANY
OR OTHER LEGAL ENTITY, YOU ARE NEVERTHELESS INDIVIDUALLY BOUND BY THIS
AGREEMENT. IF YOU DO NOT AGREE TO ANY OF THE PROVISIONS SET FORTH IN THE TERMS
OF USER, DO NOT JOIN AND DO NOT ACCESS, VIEW, DOWNLOAD OR OTHERWISE USE ANY
BUSINESS DIRECTORY WEBPAGE, INFORMATION OR SERVICES. BY LISTING YOUR BUSINESS
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF
THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY ALL OF ITS PROVISIONS. BY
REGISTERING ON THE BUSINESS DIRECTORY OR BY USING THE WEBSITE YOU ACKNOWLEDGE
THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND
THAT YOU AGREE TO BE BOUND BY ALL OF ITS PROVISIONS. 4. YOUR OBLIGATIONS 1.
APPLICABLE LAWS AND THIS AGREEMENT YOU MUST COMPLY WITH ALL APPLICABLE LAWS, THE
AGREEMENT, AS MAY BE AMENDED FROM TIME TO TIME WITH OR WITHOUT ADVANCE NOTICE,
AND THE POLICIES AND PROCESSES EXPLAINED IN THE PRIVACY POLICY. 2. LICENSE AND
WARRANTY FOR YOUR SUBMISSIONS TO BUSINESS DIRECTORY. YOU OWN THE INFORMATION YOU
PROVIDE THE BUSINESS DIRECTORY UNDER THIS AGREEMENT, AND MAY REQUEST ITS
DELETION AT ANY TIME, UNLESS YOU HAVE SHARED INFORMATION OR CONTENT WITH OTHERS
AND THEY HAVE NOT DELETED IT, OR IT WAS COPIED OR STORED BY OTHER USERS.
ADDITIONALLY, YOU GRANT THE BUSINESS DIRECTORY A NONEXCLUSIVE, IRREVOCABLE,
WORLDWIDE, PERPETUAL, UNLIMITED, ASSIGNABLE, SUBLICENSEABLE, FULLY PAID UP AND
ROYALTY-FREE RIGHT TO US TO COPY, PREPARE DERIVATIVE WORKS OF, IMPROVE,
DISTRIBUTE, PUBLISH, REMOVE, RETAIN, ADD, PROCESS, ANALYZE, USE AND
COMMERCIALIZE, IN ANY WAY NOW KNOWN OR IN THE FUTURE DISCOVERED, ANY INFORMATION
YOU PROVIDE, DIRECTLY OR INDIRECTLY TO THE BUSINESS DIRECTORY, INCLUDING, BUT
NOT LIMITED TO, ANY USER GENERATED CONTENT, IDEAS, CONCEPTS, TECHNIQUES OR DATA
TO THE SERVICES, YOU SUBMIT TO THE BUSINESS DIRECTORY, WITHOUT ANY FURTHER
CONSENT, NOTICE AND/OR COMPENSATION TO YOU OR TO ANY THIRD PARTIES. ANY
INFORMATION YOU SUBMIT TO US IS AT YOUR OWN RISK OF LOSS AS NOTED IN SECTIONS 2
AND 3 OF THIS AGREEMENT. BY PROVIDING INFORMATION TO US, YOU REPRESENT AND
WARRANT THAT YOU ARE ENTITLED TO SUBMIT THE INFORMATION AND THAT THE INFORMATION
IS ACCURATE, NOT CONFIDENTIAL, AND NOT IN VIOLATION OF ANY CONTRACTUAL
RESTRICTIONS OR OTHER THIRD PARTY RIGHTS. IT IS YOUR RESPONSIBILITY TO KEEP YOUR
PROFILE INFORMATION ACCURATE AND UPDATED. 3. SERVICE ELIGIBILITY. TO BE ELIGIBLE
TO ADVERTISE ON THE BUSINESS DIRECTORY, YOU MUST MEET THE FOLLOWING CRITERIA AND
REPRESENT AND WARRANT THAT YOU: (1) ARE 18 YEARS OF AGE OR OLDER; (2) ARE AN
INDIAN OR OF INDIAN ORIGIN OR WORKS WITH INDIAN CLIENTELE; (3) ARE CURRENTLY
EMPLOYED OR OWN THE BUSINESS YOU LIST IN THE BUSINESS DIRECTORY; (4) ARE NOT
CURRENTLY RESTRICTED FROM THE SERVICES, OR NOT OTHERWISE PROHIBITED FROM HAVING
A BUSINESS DIRECTORY ACCOUNT; (5) HAVE FULL POWER AND AUTHORITY TO ENTER INTO
THIS AGREEMENT AND DOING SO WILL NOT VIOLATE ANY OTHER AGREEMENT TO WHICH YOU
ARE A PARTY; (6) WILL NOT VIOLATE ANY RIGHTS OF THE BUSINESS DIRECTORY,
INCLUDING INTELLECTUAL PROPERTY RIGHTS SUCH AS COPYRIGHT OR TRADEMARK RIGHTS;
(7) AGREE TO PROVIDE AT YOUR COST ALL EQUIPMENT, SOFTWARE, AND INTERNET ACCESS
NECESSARY TO USE THE SERVICES; AND (8) ARE NOT A COMPETITOR OF THE BUSINESS
DIRECTORY OR ARE NOT USING THE SERVICES FOR REASONS THAT ARE IN COMPETITION WITH
THE BUSINESS DIRECTORY. 4. SIGN-IN CREDENTIALS. YOU AGREE TO: (1) KEEP YOUR
PASSWORD SECURE AND CONFIDENTIAL; (2) NOT PERMIT OTHERS TO USE YOUR ACCOUNT; (3)
REFRAIN FROM USING OTHER ADVERTISERS’ ACCOUNTS; (4) REFRAIN FROM SELLING,
TRADING, OR OTHERWISE TRANSFERRING YOUR BUSINESS LISTING ACCOUNT TO ANOTHER
PARTY; AND (5) REFRAIN FROM CHARGING ANYONE FOR ACCESS TO ANY PORTION OF THE
BUSINESS DIRECTORY, OR ANY INFORMATION THEREIN. FURTHER, YOU ARE RESPONSIBLE FOR
ANYTHING THAT HAPPENS THROUGH YOUR ACCOUNT UNTIL YOU CLOSE DOWN YOUR ACCOUNT OR
PROVE THAT YOUR ACCOUNT SECURITY WAS COMPROMISED DUE TO NO FAULT OF YOUR OWN. TO
CLOSE YOUR ACCOUNT, PLEASE CONTACT US. 5. INDEMNIFICATION. BY ACCESSING THE
BUSINESS DIRECTORY, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US HARMLESS FOR ALL
DAMAGES, LOSSES AND COSTS (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’
FEES AND COSTS) RELATED TO ALL THIRD PARTY CLAIMS, CHARGES, AND INVESTIGATIONS,
CAUSED BY (1) YOUR FAILURE TO COMPLY WITH THIS AGREEMENT, INCLUDING, WITHOUT
LIMITATION, YOUR SUBMISSION OF CONTENT THAT VIOLATES THIRD PARTY RIGHTS OR
APPLICABLE LAWS, (2) ANY CONTENT YOU SUBMIT TO THE SERVICES, AND (3) ANY
ACTIVITY IN WHICH YOU ENGAGE ON OR THROUGH THE BUSINESS DIRECTORY. . 6. PAYMENT.
IF YOU PURCHASE ANY SERVICES THAT WE OFFER FOR A FEE, EITHER ON A ONE-TIME OR
SUBSCRIPTION BASIS, YOU AGREE TO AC STORING YOUR PAYMENT CARD INFORMATION. YOU
ALSO AGREE TO PAY THE APPLICABLE FEES FOR THE AS THEY BECOME DUE PLUS ALL
RELATED TAXES, AND TO REIMBURSE US FOR ALL COLLECTION COSTS AND INTEREST FOR ANY
OVERDUE AMOUNTS. YOUR OBLIGATION TO PAY FEES CONTINUES THROUGH THE END OF THE
SUBSCRIPTION PERIOD. 7. NOTIFY US OF ACTS CONTRARY TO THE AGREEMENT. IF YOU
BELIEVE THAT YOU ARE ENTITLED OR OBLIGATED TO ACT CONTRARY TO THIS AGREEMENT
UNDER ANY MANDATORY LAW, YOU AGREE TO PROVIDE US WITH DETAILED AND SUBSTANTIATED
EXPLANATION OF YOUR REASONS IN WRITING AT LEAST 30 DAYS BEFORE YOU ACT CONTRARY
TO THIS AGREEMENT, TO ALLOW US TO ASSESS WHETHER WE MAY, AT OUR SOLE DISCRETION,
PROVIDE AN ALTERNATIVE REMEDY FOR THE SITUATION, THOUGH WE DO NOT ADMIT HEREBY
THAT WE ARE UNDER ANY OBLIGATION TO DO SO. 8. NOTIFICATIONS AND SERVICE
MESSAGES. FOR PURPOSES OF SERVICE MESSAGES AND NOTICES ABOUT THE SERVICES TO
YOU, THE BUSINESS DIRECTORY MAY PLACE A BANNER NOTICE ACROSS ITS PAGES TO ALERT
YOU TO CERTAIN CHANGES SUCH AS MODIFICATIONS TO THIS AGREEMENT. ALTERNATIVELY,
NOTICE MAY CONSIST OF AN EMAIL FROM THE BUSINESS DIRECTORY TO AN EMAIL ADDRESS
ASSOCIATED WITH YOUR ACCOUNT, EVEN IF WE HAVE OTHER CONTACT INFORMATION. YOU
ALSO AGREE THAT THE BUSINESS DIRECTORY MAY COMMUNICATE WITH YOU THROUGH YOUR
BUSINESS DIRECTORY ACCOUNT OR THROUGH OTHER MEANS INCLUDING EMAIL, MOBILE
NUMBER, TELEPHONE, OR DELIVERY SERVICES INCLUDING THE POSTAL SERVICE ABOUT YOUR
BUSINESS DIRECTORY ACCOUNT OR SERVICES ASSOCIATED WITH THE BUSINESS DIRECTORY.
YOU ACKNOWLEDGE AND AGREE THAT WE SHALL HAVE NO LIABILITY ASSOCIATED WITH OR
ARISING FROM YOUR FAILURE TO MAINTAIN ACCURATE CONTACT OR OTHER INFORMATION,
INCLUDING, BUT NOT LIMITED TO, YOUR FAILURE TO RECEIVE CRITICAL INFORMATION
ABOUT THE SERVICES. 9. BUSINESS DIRECTORY APPLICATIONS. THE BUSINESS DIRECTORY
MAY OFFER THE SERVICES THROUGH APPLICATIONS BUILT USING THE BUSINESS DIRECTORY
PLATFORM. EXAMPLES OF BUSINESS DIRECTORY APPLICATIONS INCLUDE ITS SMART PHONE
APPLICATION AND THE BUSINESS DIRECTORY’S “SHARE” BUTTONS AND OTHER INTERACTIVE
PLUGINS DISTRIBUTED ON WEBSITES ACROSS THE WEB. IF YOU USE A BUSINESS DIRECTORY
APPLICATION OR INTERACT WITH A WEBSITE THAT HAS DEPLOYED A PLUGIN, YOU AGREE
THAT INFORMATION ABOUT YOU AND YOUR USE OF THE SERVICES, INCLUDING, BUT NOT
LIMITED TO, YOUR DEVICE, YOUR MOBILE CARRIER, YOUR INTERNET ACCESS PROVIDER,
YOUR PHYSICAL LOCATION, AND/OR WEB PAGES CONTAINING BUSINESS DIRECTORY PLUGINS
THAT LOAD IN YOUR BROWSER MAY BE COMMUNICATED TO US. YOU ACKNOWLEDGE YOU ARE
RESPONSIBLE FOR ALL CHARGES AND NECESSARY PERMISSIONS RELATED TO ACCESSING THE
BUSINESS DIRECTORY THROUGH YOUR MOBILE ACCESS PROVIDER. THEREFORE, YOU SHOULD
CHECK WITH YOUR PROVIDER TO FIND OUT IF THE SERVICES ARE AVAILABLE AND THE TERMS
FOR THESE SERVICES FOR YOUR SPECIFIC MOBILE DEVICES. 10. USER-TO-USER
COMMUNICATION AND SHARING A REGISTERED USER CAN CREATE A BUSINESS LISTING,
HOWEVER, CLUBINDIA MAY CLOSE, TRANSFER, OR REMOVE CONTENT FROM THEM IF THE
CONTENT VIOLATES THIS AGREEMENT OR OTHERS’ INTELLECTUAL PROPERTY RIGHTS. PLEASE
NOTE THAT IDEAS YOU POST AND INFORMATION YOU SHARE MAY BE SEEN AND USED BY OTHER
USERS, AND WE CANNOT GUARANTEE THAT OTHER USERS WILL NOT USE THE IDEAS AND
INFORMATION THAT YOU SHARE ON THE BUSINESS DIRECTORY. THEREFORE, IF YOU HAVE AN
IDEA OR INFORMATION THAT YOU WOULD LIKE TO KEEP CONFIDENTIAL AND/OR DON’T WANT
OTHERS TO USE, OR THAT IS SUBJECT TO THIRD PARTY RIGHTS THAT MAY BE INFRINGED BY
YOUR SHARING IT, DO NOT POST IT ON THE BUSINESS DIRECTORY. WE ARE NOT
RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR
INFORMATION YOU POST ON THE BUSINESS DIRECTORY. 11. PRIVACY. YOU SHOULD
CAREFULLY READ OUR FULL PRIVACY POLICY BEFORE DECIDING TO BECOME A USER AS IT IS
HEREBY INCORPORATED INTO THIS AGREEMENT BY REFERENCE, AND GOVERNS OUR TREATMENT
OF ANY INFORMATION, INCLUDING PERSONALLY IDENTIFIABLE INFORMATION YOU SUBMIT TO
US. PLEASE NOTE THAT CERTAIN INFORMATION, STATEMENTS, DATA, AND CONTENT (SUCH AS
PHOTOGRAPHS) WHICH YOU MAY SUBMIT TO THE BUSINESS DIRECTORY MIGHT, OR ARE LIKELY
TO, REVEAL YOUR GENDER, ETHNIC ORIGIN, NATIONALITY, AGE, AND/OR OTHER PERSONAL
INFORMATION ABOUT YOU. YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION,
STATEMENTS, DATA, AND CONTENT TO US IS VOLUNTARY ON YOUR PART. 12. EXPORT
CONTROL. YOUR USE OF THE SERVICES, INCLUDING OUR SOFTWARE, IS SUBJECT TO EXPORT
AND RE-EXPORT CONTROL LAWS AND REGULATIONS, INCLUDING THE EXPORT ADMINISTRATION
REGULATIONS (“EAR”) MAINTAINED BY THE UNITED STATES DEPARTMENT OF COMMERCE AND
SANCTIONS PROGRAMS MAINTAINED BY THE TREASURY DEPARTMENT’S OFFICE OF FOREIGN
ASSETS CONTROL. YOU SHALL NOT — DIRECTLY OR INDIRECTLY — SELL, EXPORT,
RE-EXPORT, TRANSFER, DIVERT, OR OTHERWISE DISPOSE OF ANY SOFTWARE OR SERVICE TO
ANY END-USER WITHOUT OBTAINING THE REQUIRED AUTHORIZATIONS FROM THE APPROPRIATE
GOVERNMENT AUTHORITIES. YOU ALSO WARRANT THAT YOU ARE NOT PROHIBITED FROM
RECEIVING US ORIGIN PRODUCTS, INCLUDING SERVICES OR SOFTWARE. 13. CONTRIBUTIONS
TO CLUBINDIA BY SUBMITTING IDEAS, SUGGESTIONS, DOCUMENTS, AND/OR PROPOSALS
(“CONTRIBUTIONS”) TO THE BUSINESS DIRECTORY YOU ACKNOWLEDGE AND AGREE THAT: (A)
YOUR CONTRIBUTIONS DO NOT CONTAIN CONFIDENTIAL OR PROPRIETARY INFORMATION; (B)
WE ARE NOT UNDER ANY OBLIGATION OF CONFIDENTIALITY, EXPRESS OR IMPLIED, WITH
RESPECT TO THE CONTRIBUTIONS; (C) WE SHALL BE ENTITLED TO USE OR DISCLOSE (OR
CHOOSE NOT TO USE OR DISCLOSE) SUCH CONTRIBUTIONS FOR ANY PURPOSE, IN ANY WAY,
IN ANY MEDIA WORLDWIDE; (D) WE MAY HAVE SOMETHING SIMILAR TO THE CONTRIBUTIONS
ALREADY UNDER CONSIDERATION OR IN DEVELOPMENT; (E) YOU IRREVOCABLY ASSIGN TO US
ALL RIGHTS TO YOUR CONTRIBUTIONS; AND (F) YOU ARE NOT ENTITLED TO ANY
COMPENSATION OR REIMBURSEMENT OF ANY KIND FROM US UNDER ANY CIRCUMSTANCES. 3.
YOUR RIGHTS. ON THE CONDITION THAT YOU COMPLY WITH ALL OF YOUR OBLIGATIONS UNDER
THIS AGREEMENT, WE GRANT YOU A LIMITED, REVOCABLE, NONEXCLUSIVE, NONASSIGNABLE,
NONSUBLICENSEABLE LICENSE AND RIGHT TO ACCESS THE SERVICES AND BUSINESS
DIRECTORY, THROUGH A GENERALLY AVAILABLE WEB BROWSER, MOBILE DEVICE OR
APPLICATION (BUT NOT THROUGH SCRAPING, SPIDERING, CRAWLING OR OTHER TECHNOLOGY
OR SOFTWARE USED TO ACCESS DATA WITHOUT THE EXPRESS WRITTEN CONSENT FROM US OR
THE BUSINESS DIRECTORY USERS), TO VIEW INFORMATION AND USE THE SERVICES THAT WE
PROVIDE ON THE WEBSITE AND IN ACCORDANCE WITH THIS AGREEMENT. ANY OTHER USE OF
THE BUSINESS DIRECTORY CONTRARY TO OUR MISSION AND PURPOSE (SUCH AS USING
INFORMATION GATHERED FROM THE BUSINESS DIRECTORY COMMERCIALLY UNLESS EXPRESSLY
AUTHORIZED BY US) IS STRICTLY PROHIBITED AND A VIOLATION OF THIS AGREEMENT. WE
RESERVE ALL RIGHTS NOT EXPRESSLY GRANTED IN THIS AGREEMENT, INCLUDING, WITHOUT
LIMITATION, TITLE, OWNERSHIP, INTELLECTUAL PROPERTY RIGHTS, AND ALL OTHER RIGHTS
AND INTEREST IN THE BUSINESS DIRECTORY AND ALL RELATED ITEMS, INCLUDING ANY AND
ALL COPIES MADE OF THE WEBSITE. 4. OUR RIGHTS AND OBLIGATIONS. 1. SERVICES
AVAILABILITY. FOR AS LONG AS WE CONTINUE TO OFFER THE SERVICES, WE WILL PROVIDE
AND SEEK TO UPDATE, IMPROVE AND EXPAND THE SERVICES. AS A RESULT, WE ALLOW YOU
TO ACCESS THE BUSINESS DIRECTORY AS IT MAY EXIST AND BE AVAILABLE ON ANY GIVEN
DAY AND HAVE NO OTHER OBLIGATIONS, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT.
WE MAY MODIFY, REPLACE, REFUSE ACCESS TO, SUSPEND OR DISCONTINUE THE BUSINESS
DIRECTORY, PARTIALLY OR ENTIRELY, OR CHANGE AND MODIFY PRICES FOR ALL OR PART OF
THE SERVICES FOR YOU OR FOR ALL OUR USERS IN OUR SOLE DISCRETION. ALL OF THESE
CHANGES SHALL BE EFFECTIVE UPON THEIR POSTING ON OUR SITE OR BY DIRECT
COMMUNICATION TO YOU UNLESS OTHERWISE NOTED. WE FURTHER RESERVE THE RIGHT TO
WITHHOLD, REMOVE AND OR DISCARD ANY CONTENT AVAILABLE AS PART OF YOUR ACCOUNT,
WITH OR WITHOUT NOTICE IF DEEMED BY US TO BE CONTRARY TO THIS AGREEMENT. FOR
AVOIDANCE OF DOUBT, WE HAVE NO OBLIGATION TO STORE, MAINTAIN OR PROVIDE YOU A
COPY OF ANY CONTENT THAT YOU OR OTHER USERS PROVIDE WHEN USING THE SERVICES. 2.
THIRD PARTY SITES AND DEVELOPERS. THE BUSINESS DIRECTORY MAY INCLUDE LINKS TO
THIRD PARTY WEB SITES (“THIRD PARTY SITES”). YOU ARE RESPONSIBLE FOR EVALUATING
WHETHER YOU WANT TO ACCESS OR USE A THIRD PARTY SITE. YOU SHOULD REVIEW ANY
APPLICABLE TERMS AND/OR PRIVACY POLICY OF A THIRD PARTY SITE BEFORE USING IT OR
SHARING ANY INFORMATION WITH IT, BECAUSE YOU MAY GIVE THE OPERATOR PERMISSION TO
USE YOUR INFORMATION IN WAYS WE WOULD NOT. WE ARE NOT RESPONSIBLE FOR AND WE DO
NOT ENDORSE ANY FEATURES, CONTENT, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON
OR AVAILABLE FROM THIRD PARTY SITES. ACCORDINGLY, IF YOU DECIDE TO ACCESS THIRD
PARTY SITES YOU DO SO AT YOUR OWN RISK AND AGREE THAT THIS AGREEMENT DOES NOT
APPLY TO YOUR USE OF ANY THIRD PARTY SITE. 3. DISCLOSURE OF USER INFORMATION.
YOU ACKNOWLEDGE, CONSENT AND AGREE THAT WE MAY ACCESS, PRESERVE, AND DISCLOSE
YOUR REGISTRATION AND ANY OTHER INFORMATION YOU PROVIDE IF REQUIRED TO DO SO BY
LAW OR IN A GOOD FAITH BELIEF THAT SUCH ACCESS PRESERVATION OR DISCLOSURE IS
REASONABLY NECESSARY IN OUR OPINION TO: (1) COMPLY WITH LEGAL PROCESS,
INCLUDING, BUT NOT LIMITED TO, CIVIL AND CRIMINAL SUBPOENAS, COURT ORDERS OR
OTHER COMPULSORY DISCLOSURES; (2) ENFORCE THIS AGREEMENT; (3) RESPOND TO CLAIMS
OF A VIOLATION OF THE RIGHTS OF THIRD PARTIES, WHETHER OR NOT THE THIRD PARTY IS
A USER, INDIVIDUAL, OR GOVERNMENT AGENCY; (4) RESPOND TO CUSTOMER SERVICE
INQUIRIES; OR (5) PROTECT THE RIGHTS, PROPERTY, OR PERSONAL SAFETY OF US, OUR
USERS OR THE PUBLIC. DISCLOSURES OF USER INFORMATION TO THIRD PARTIES OTHER THAN
THOSE REQUIRED TO PROVIDE CUSTOMER SUPPORT, ADMINISTER THIS AGREEMENT, OR COMPLY
WITH LEGAL REQUIREMENTS ARE ADDRESSED IN THE PRIVACY POLICY. 4. CONNECTIONS AND
INTERACTIONS WITH OTHER USERS. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS
WITH OTHER USERS. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR
DISPUTES BETWEEN YOU AND OTHER USERS AND TO RESTRICT, SUSPEND, OR CLOSE YOUR
ACCOUNT IF WE DETERMINE, IN OUR SOLE DISCRETION, THAT DOING SO IS NECESSARY TO
ENFORCE THIS AGREEMENT OR IS OTHERWISE IN THE BEST INTEREST OF THE ASSOCIATION
OR AC. 5. DISCLAIMER. DO NOT RELY ON THE BUSINESS DIRECTORY, ANY INFORMATION
THEREIN, OR ITS CONTINUATION. AC PROVIDES THE PLATFORM FOR THE BUSINESS
DIRECTORY AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE”
BASIS. WE DO NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT
PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT
PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND
REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND
NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY THE BUSINESS DIRECTORY,
THE SERVICES PROVIDED BY ANY ADVERTISER ON THE BUSINESS DIRECTORY, OR ANYTHING
RELATED TO THE BUSINESSS DIRECTORY, YOU MAY CLOSE YOUR BUSINESS DIRECTORY
ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7
(“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. WE
NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE
RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED
ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD
PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. WE DO NOT
HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SERVICES BY OTHER USERS OF THE
COMMUNITY; THEREFORE, WE DISCLAIM ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER
MISUSE OF YOUR IDENTITY OR INFORMATION. WE DO NOT GUARANTEE THAT THE SERVICES
WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE
OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR
SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY
SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, WE DISCLAIM ALL
LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE
CONDITIONS OF THE WEBSITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED
TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND
FOR ANY OTHER REASON. . 6. LIMITATION OF LIABILITY. THE ASSOCIATION, AC, AND
THEIR RESPECTIVE SUBSIDIARIES, AFFILIATED COMPANIES, EMPLOYEES, SHAREHOLDERS,
OFFICERS AND/OR DIRECTORS (“AFFILIATES”) SHALL NOT BE LIABLE FOR (A) ANY DAMAGES
IN EXCESS OF FIVE TIMES THE MOST RECENT MONTHLY FEE THAT YOU PAID FOR A BUSINESS
LISTING, IF ANY, OR US $100, WHICHEVER AMOUNT IS GREATER, AND/OR (B) ANY
SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF USE,
PROFIT, REVENUE OR DATA TO YOU OR ANY THIRD PERSON ARISING FROM YOUR USE OF THE
BUSINESS DIRECTORY, THE SERVICES, AND/OR ANY APPLICATION OR ANY OF THE CONTENT
OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE BUSINESS
DIRECTORY. THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN
BETWEEN THE PARTIES AND WITHOUT IT THE TERMS AND PRICES CHARGED WOULD BE
DIFFERENT. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER (1)
YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, (2) WE
KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR (3) THE
LIMITED REMEDIES PROVIDED IN THIS SECTION FAIL OF THEIR ESSENTIAL PURPOSE. 7.
TERMINATION. 1. MUTUAL RIGHTS OF TERMINATION. YOU MAY TERMINATE THIS AGREEMENT,
FOR ANY OR NO REASON, AT ANY TIME, WITH NOTICE TO US PURSUANT TO SECTION 9.C.
THIS NOTICE WILL BE EFFECTIVE UPON PROCESSING YOUR NOTICE. WE MAY TERMINATE THE
AGREEMENT AND YOUR ACCOUNT FOR ANY REASON OR NO REASON, AT ANY TIME, WITH OR
WITHOUT NOTICE. THIS CANCELLATION SHALL BE EFFECTIVE IMMEDIATELY OR AS MAY BE
SPECIFIED IN THE NOTICE. FOR AVOIDANCE OF DOUBT, ONLY AC, THE ASSOCIATION, OR
THE PARTY PAYING FOR THE SERVICES MAY TERMINATE YOUR ACCESS TO ANY BUSINESS
LISTING ACCOUNT. TERMINATION OF YOUR BUSINESS DIRECTORY ACCOUNT INCLUDES
DISABLING YOUR ACCESS TO YOUR BUSINESS DIRECTORY ACCOUNT AND MAY ALSO BAR YOU
FROM CREATING A NEW ACCOUNT ON THE BUSINESS DIRECTORY. 2. ANNUAL AND MONTHLY
MEMBERSHIP AUTO-RENEW, CANCELLATION, AND REFUND POLICY: YOU MAY CANCEL A FREE
TRIAL AT ANY TIME DURING THE TRIAL PERIOD AND INCUR NO CHARGE. ALL ANNUAL AND
MONTHLY MEMBERSHIPS WILL AUTO-RENEW, WITH YOUR CREDIT CARD CHARGED EACH TIME ON
THE ANNUAL OR MONTHLY ANNIVERSARY OF YOUR SUBSCRIPTION. MONTHLY SUBSCRIPTIONS
MAY BE CANCELED AT ANY TIME, BUT YOU WILL BE BILLED FOR THE ENTIRE CANCELLATION
MONTH. YOUR ANNUAL MEMBERSHIP MAY BE CANCELED AT THE TIME OF RENEWAL AND YOUR
LISTING WILL IMMEDIATELY BECOME INACTIVE, HOWEVER YOU WILL RETAIN ACCESS TO THE
BUSINESS DIRECTORY ACCOUNT USING YOUR LOGIN CREDENTIALS. YOU MAY CANCEL YOUR
MEMBERSHIP PRIOR TO THE BILLING DATE TO AVOID FUTURE CHARGES. IF YOU CANCEL YOUR
MEMBERSHIP PRIOR TO THE BILLING DATE, YOUR LISTING WILL STAY ACTIVE UNTIL YOUR
MEMBERSHIP EXPIRES. IF YOU HAVE ANY QUESTIONS OR CONCERNS PLEASE CONTACT US. 3.
MISUSE OF THE SERVICES WE MAY RESTRICT, SUSPEND OR TERMINATE THE ACCOUNT OF ANY
USER WHO ABUSES OR MISUSES THE SERVICES. MISUSE OF THE SERVICES INCLUDES
CREATING MULTIPLE OR FALSE BUSINESS LISTINGS; INFRINGING ANY INTELLECTUAL
PROPERTY RIGHTS, OR VIOLATING ANY OTHER BEHAVIOR THAT WE, IN OUR SOLE
DISCRETION, DEEM CONTRARY TO THE PURPOSE OF THE BUSINESS DIRECTORY. IN ADDITION,
AND WITHOUT LIMITING THE FOREGOING, WE HAVE ADOPTED A POLICY OF TERMINATING
ACCOUNTS OF USERS WHO, IN OUR SOLE DISCRETION, ARE DEEMED TO BE REPEAT
INFRINGERS UNDER THE UNITED STATES COPYRIGHT ACT. 4. EFFECT OF TERMINATION. UPON
THE TERMINATION OF YOUR BUSINESS DIRECTORY ACCOUNT, YOU LOSE ACCESS TO YOUR
ACCOUNT. THE TERMS OF THIS AGREEMENT SHALL SURVIVE ANY TERMINATION, EXCEPT
SECTIONS 3 (“YOUR RIGHTS”) AND 4.1 – 4.4 (“OUR RIGHTS AND OBLIGATIONS”) HEREOF.
8. DISPUTE RESOLUTION 1. LAW AND FORUM FOR LEGAL DISPUTES THIS AGREEMENT OR ANY
CLAIM, CAUSE OF ACTION OR DISPUTE (“CLAIM”) ARISING OUT OF OR RELATED TO THIS
AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF OHIO REGARDLESS OF YOUR
COUNTRY OF ORIGIN OR WHERE YOU ACCESS THE BUSINESS DIRECTORY, AND
NOTWITHSTANDING OF ANY CONFLICTS OF LAW PRINCIPLES AND THE UNITED NATIONS
CONVENTION FOR THE INTERNATIONAL SALE OF GOODS. YOU, AC, AND THE ASSOCIATION
AGREE THAT ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST BE
RESOLVED EXCLUSIVELY BY A STATE OR FEDERAL COURT LOCATED IN FRANKLIN COUNTY,
OHIO, USA. YOU, AC, AND THE ASSOCIATION AGREE TO SUBMIT TO THE PERSONAL
JURISDICTION OF THE COURTS LOCATED WITHIN FRANKLIN COUNTY, OHIO FOR THE PURPOSE
OF LITIGATING ALL SUCH CLAIMS. NOTWITHSTANDING THE ABOVE, YOU AGREE THAT WE
SHALL STILL BE ALLOWED TO APPLY FOR INJUNCTIVE REMEDIES (OR AN EQUIVALENT TYPE
OF URGENT LEGAL RELIEF) IN ANY JURISDICTION. 9. GENERAL TERMS. 1. SEVERABILITY.
IF ANY PROVISION OF THIS AGREEMENT IS FOUND BY A COURT OF COMPETENT JURISDICTION
OR ARBITRATOR TO BE ILLEGAL, VOID, OR UNENFORCEABLE, THE UNENFORCEABLE PROVISION
WILL BE MODIFIED SO AS TO RENDER IT ENFORCEABLE AND EFFECTIVE TO THE MAXIMUM
EXTENT POSSIBLE IN ORDER TO EFFECT THE INTENTION OF THE PROVISION; AND IF A
COURT OR ARBITRATOR FINDS THE MODIFIED PROVISION INVALID, ILLEGAL, VOID OR
UNENFORCEABLE, THE VALIDITY, LEGALITY AND ENFORCEABILITY OF THE REMAINING
PROVISIONS OF THIS AGREEMENT WILL NOT BE AFFECTED IN ANY WAY. 2. NOTICES AND
SERVICE OF PROCESS. IN ADDITION TO SECTION 2.8 (“NOTICES AND SERVICE MESSAGES”),
WE MAY NOTIFY YOU VIA POSTINGS ON THE BUSINESS DIRECTORY. YOU MAY CONTACT US VIA
MAIL OR COURIER AT: CLUB INDIA , 1620 E BROAD STREET, #1005, COLUMBUS OH 43206,
USA TEL:614-344-4050 , LEGAL@CLUBINDIA.ORG ADDITIONALLY, THE ASSOCIATION ACCEPTS
SERVICE OF PROCESS AT THIS ADDRESS. ANY NOTICES THAT YOU PROVIDE WITHOUT
COMPLIANCE WITH THIS SECTION ON NOTICES SHALL HAVE NO LEGAL EFFECT. 3. ENTIRE
AGREEMENT. YOU AGREE THAT THIS AGREEMENT CONSTITUTES THE ENTIRE, COMPLETE AND
EXCLUSIVE AGREEMENT BETWEEN YOU AND US REGARDING THE SERVICES AND SUPERSEDES ALL
PRIOR AGREEMENTS AND UNDERSTANDINGS, WHETHER WRITTEN OR ORAL, OR WHETHER
ESTABLISHED BY CUSTOM, PRACTICE, POLICY OR PRECEDENT, WITH RESPECT TO THE
SUBJECT MATTER OF THIS AGREEMENT. 4. AMENDMENTS TO THIS AGREEMENT. WE RESERVE
THE RIGHT TO MODIFY, SUPPLEMENT OR REPLACE THE TERMS OF THE AGREEMENT, EFFECTIVE
UPON POSTING ON THE WEBSITE OR NOTIFYING YOU OTHERWISE. FOR EXAMPLE, WE PRESENT
A BANNER ON THE WEBSITE WHEN WE HAVE AMENDED THIS AGREEMENT OR THE PRIVACY
POLICY SO THAT YOU MAY ACCESS AND REVIEW THE CHANGES PRIOR TO YOUR CONTINUED USE
OF THE SITE. IF YOU DO NOT WANT TO AGREE TO CHANGES TO THE AGREEMENT, YOU CAN
TERMINATE THIS AGREEMENT AT ANY TIME PER SECTION 7 (TERMINATION). 5. NO INFORMAL
WAIVERS, AGREEMENTS OR REPRESENTATIONS. OUR FAILURE TO ACT WITH RESPECT TO A
BREACH OF THIS AGREEMENT BY YOU OR OTHERS DOES NOT WAIVE OUR RIGHT TO ACT WITH
RESPECT TO THAT BREACH OR SUBSEQUENT SIMILAR OR OTHER BREACHES. EXCEPT AS
EXPRESSLY AND SPECIFICALLY CONTEMPLATED BY THE AGREEMENT, NO REPRESENTATIONS,
STATEMENTS, CONSENTS, WAIVERS OR OTHER ACTS OR OMISSIONS BY THE ASSOCIATION OR
AC SHALL BE DEEMED LEGALLY BINDING ON THE OTHER, UNLESS DOCUMENTED IN A PHYSICAL
WRITING HAND SIGNED BY A DULY APPOINTED OFFICER OF AC OR THE ASSOCIATION. 6. NO
INJUNCTIVE RELIEF. IN NO EVENT SHALL YOU SEEK OR BE ENTITLED TO RESCISSION,
INJUNCTIVE OR OTHER EQUITABLE RELIEF, OR TO ENJOIN OR RESTRAIN THE OPERATION OF
THE BUSINESS DIRECTORY OR THE SERVICES, EXPLOITATION OF ANY ADVERTISING OR OTHER
MATERIALS ISSUED IN CONNECTION THEREWITH, OR EXPLOITATION OF THE SERVICES OR ANY
CONTENT OR OTHER MATERIAL USED OR DISPLAYED THROUGH THE SERVICES. 7. ASSIGNMENT
AND DELEGATION. YOU MAY NOT ASSIGN OR DELEGATE ANY RIGHTS OR OBLIGATIONS UNDER
THE AGREEMENT. ANY PURPORTED ASSIGNMENT AND DELEGATION SHALL BE INEFFECTIVE. WE
MAY FREELY ASSIGN OR DELEGATE ALL RIGHTS AND OBLIGATIONS UNDER THE AGREEMENT,
FULLY OR PARTIALLY WITHOUT NOTICE TO YOU. WE MAY ALSO SUBSTITUTE, BY WAY OF
UNILATERAL NOVATION, EFFECTIVE UPON NOTICE TO YOU, FOR ANY THIRD PARTY THAT
ASSUMES OUR RIGHTS AND OBLIGATIONS UNDER THIS AGREEMENT. 8. POTENTIAL OTHER
RIGHTS AND OBLIGATIONS. YOU MAY HAVE RIGHTS OR OBLIGATIONS UNDER LOCAL LAW OTHER
THAN THOSE ENUMERATED HERE IF YOU ARE LOCATED OUTSIDE THE UNITED STATES. 9.
COMPLAINTS REGARDING CONTENT POSTED ON THE WEBSITE WE CREATED THE BUSINESS
DIRECTORY TO HELP INDIAN BUSINESSES AND PROFESSIONALS SUCCEED. TO ACHIEVING THIS
PURPOSE, WE ENCOURAGE OUR USERS TO SHARE TRUTHFUL AND ACCURATE INFORMATION. WE
ALSO RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS. ACCORDINGLY, THIS
AGREEMENT REQUIRES THAT INFORMATION POSTED BY USERS BE ACCURATE AND NOT IN
VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES.
TO PROMOTE THESE OBJECTIVES, USERS MAY SUBMIT COMPLAINTS CONCERNING CONTENT
POSTED BY OTHER USERS BY CONTACTING US.

Accept & Continue



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