TERMS OF USE/TERMS AND CONDITIONS

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Welcome to the Kameshwar Nath Tiwary website (the "Site"). These terms and conditions ("Terms and Conditions") apply to the Site, Kameshwar Nath Tiwary and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions.

 

1. TERMS OF USE; ACCEPTANCE

Your use of this website constitutes your agreement, without modification, of the terms, conditions, and notices contained herein. IF YOU DO NOT AGREE TO THESE TERMS, CONDITIONS AND NOTICES, DO NOT USE THIS SITE.

 

2. PERSONAL USE LIMITATION 

This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or intellectual property obtained from this website. You warrant that all information supplied by you or on your behalf in using this website is true and accurate.

 

3. COPYRIGHT AND TRADEMARK NOTICES 

All contents of this website are owned by Kameshwar Nath Tiwary or the attributed parties. All rights are reserved. All trademarks, trade names, logos, service marks and other intellectual property (such as text, images, graphics, icons, audio, video and software) appearing on this website are owned by Kameshwar Nath Tiwary and its affiliates, or by their suppliers. All rights are reserved with respect to such intellectual property.

 

4. DISCLAIMERS AND LIMITATIONS OF LIABILITY 

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, Kameshwar Nath Tiwary EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE AND ANY DATA, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THIS SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR APARTICULAR PURPOSE AND NONINFRINGEMENT. Kameshwar Nath Tiwary MAKES NO WARRANTY THAT:  

 

a. THIS WEBSITE WILL MEET YOUR REQUIREMENTS.

b. THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF VIRUSES, ERRORS, WORMS, DATE BOMBS, TIME BOMBS, OR OTHER HARMFUL COMPONENTS.

c. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE WILL BE ACCURATE OR RELIABLE.

d. THE QUALITY OF ANY DATA, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL

PURCHASED OR OBTAINED BY YOU THROUGH THIS WEBSITE WILL MEET YOUR EXPECTATIONS.

e. ANY ERRORS ON THIS SITE WILL BE CORRECTED; OR 

f. THE DATA AND MATERIALS PRESENTED OR DISPLAYED ON THIS WEBSITE ARE CORRECT, ACCURATE, OR RELIABLE, OR WILL BE ADMISSIBLE IN ANY COURT OR LAW OR TRIBUNAL OR GOVERNMENT ACTION. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. YOU AGREE THAT Kameshwar Nath Tiwary OR ANY THIRD PARTY ENGAGED IN PROVIDING SERVICES TO YOU ON OR THROUGH THIS WEBSITE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES CAUSED BY THEFT, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, COMMUNICATIONS LINE FAILURE, OR OTHER OCCURRENCES BEYOND THE CONTROL OF Kameshwar Nath Tiwary OR SUCH THIRD PARTIES. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, WHETHER OBTAINED BY YOU FROM Kameshwar Nath Tiwary FROM AN Kameshwar Nath Tiwary EMPLOYEE OR AGENT, OR THROUGH OR FROM THIS SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. Kameshwar Nath Tiwary WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF Kameshwar Nath Tiwary HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OF OR THE INABILITY TO USE THIS WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR

TRANSACTIONS ENTERED INTO, THROUGH, OR FROM THIS WEBSITE; (iii) ACCESS TO OR ALTERATION OF YOUR ACCOUNT, TRANSMISSIONS, OR DATA DUE TO YOUR CONDUCT, INACTION, OR NEGLIGENCE; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THIS WEBSITE.

  

5. INDEMNITY 

You agree to indemnify, defend, and hold harmless Kameshwar Nath Tiwary, its subsidiaries and affiliates, and the officers, directors, employees, and agents of Kameshwar Nath Tiwary and its subsidiaries and affiliates, from and against any and all claims, liabilities, damages, losses, or expenses, including attorneys’ fees and costs, arising out of or in any way connected with your access to or use of this website.

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6. NO UNLAWFUL OR PROHIBITED USE  

As a condition to your use of this website, you warrant that you will not use this website  For any purpose that is unlawful or prohibited by these terms, conditions, and notices.

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7. PUBLIC FORUMS

Kameshwar Nath Tiwary is not responsible for reviewing, editing or otherwise censoring the accuracy, appropriateness or credibility of content posted in public forums, chat rooms, bulletin boards, and/or any other open exchanges on this website.

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8. LINKS TO THIRD-PARTY SITES

This website may contain hyperlinks to websites and/or date operated by parties other than Kameshwar Nath Tiwary. Such hyperlinks are provided for your reference only. Kameshwar Nath Tiwary does not control such websites and is not responsible for their contents. The inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

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9. SOFTWARE AVAILABLE ON THIS WEBSITE 

Any software that is made available to use or download from this website (“Software”) is the copyrighted work of Kameshwar Nath Tiwary, its affiliates, and/or their suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a License Agreement, Kameshwar Nath Tiwary hereby grants to you, the user, a personal, nontransferable license to use the Software for viewing and otherwise using this website in accordance with these terms and conditions and for no other purpose. Please note that all Software, including, without limitation, all HTML code contained on this website, is owned by Kameshwar Nath Tiwary, its affiliates, and/or their suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. The Software is warranted, if at all, only according to the terms of the License Agreement. You acknowledge that the Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to export restrictions.

 

10. MODIFICATION OF THESE TERMS AND CONDITIONS

Kameshwar Nath Tiwary reserves the right to change at any time the terms, conditions, and notices under which this website is offered. Changes to our Terms and Conditions become effective on the date they are posted and your continued used email address after any changes to Terms will signify your agreement to be bound by them.

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11. PRIVACY

Please see the Privacy Policy posted on our website. The terms of the Privacy Policy are incorporated into these Terms of Use by this reference as though set forth herein.

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12. DISPUTE RESOLUTION

Mindful of the high cost of litigation, both you and Kameshwar Nath Tiwary agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on this Website, or the breach, enforcement, interpretation, or validity of the the Terms of Service or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute.  Notices shall be sent to:  write.kntiwary@gmail.com

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It is agreed that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.

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13. WAIVER

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

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14. ADVERTISING 

The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. Kameshwar Nath Tiwary is not responsible for the acts or omissions of any advertiser or sponsor.

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15. GOVERNING LAW

These terms and conditions are to be construed in accordance with the laws of Indian Jurisdiction

and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of Indian Courts. 

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16. RISKS AND CLAIMS:  

The Company or any of its representative or agent will not be liable for any claims arise from the negligence of the user itself. 

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The user agrees to defend and hold the Company (and all officers, directors, employees, referrals, and affiliates thereof) harmless from and against any and all claims, demands, actions, losses, damages, assessments, charges, liabilities, costs and expenses (including without limitation interest, penalties, attorney’s fees and disbursements) which may at any time be suffered or incurred by the user for its negligence.