Terms and Conditions

Last Updated: January 3rd, 2018

 

Welcome to DosaMaker.com! Soul of India, Inc. operates www.DosaMaker.com (the “Site”) so you can shop for products, and for your personal entertainment, information, education, and communication (collectively, with all other services provided through the Site, “Services”).  As used in these Terms and Conditions (the “Agreement”), “Soul of India”, “Company”, “us”, “we”, or “our”, refers to Soul of India, Inc. and its subsidiaries and affiliates.

 

Please read this Agreement carefully as it affects your legal rights. This Agreement contains provisions (in Section 23) to arbitrate that requires the use of arbitration on an individual basis to resolve disputes rather than a jury or any other court proceedings, or class actions of any kind.

 

1. Acceptance of Terms and Conditions

This Agreement, which includes our Privacy Policy, governs your use of the Site and Services. By accessing or otherwise using the Site or Services, you (i) accept this Agreement (on behalf of yourself or the entity that you represent), (ii) represent and warrant that you have the right, authority, and capacity to enter into this Agreement (on behalf of yourself or the entity that you represent) and access the Site, (iii) agree that Company has no obligation to investigate the authorization or source of any such access or use of the Site, and (iv) agree that you are at least 18 years of age, or older than 13 years of age and visiting under the supervision of a parent or guardian and legally able to enter into this Agreement.

If at any time you do not accept all of the provisions in this Agreement, you must immediately stop using and/or accessing the Site and Services.

 

2. Content

All content included on the Site, including text, graphics, logos, images, audio clips, videos, data, music, software, applications, trademarks, service marks, and other material (collectively, “Content”) is owned or the licensed property of Soul of India or its suppliers or licensors and is protected by copyright, trademark, patent, or other proprietary rights. You are not permitted to use this Content without our prior written consent of Company and/or the consent of such third party that may own the Content. The collection, format, layout, and assembly of all Content on the Site is the exclusive property of Soul of India and protected by U.S. and international copyright laws. Soul of India and its suppliers and licensors expressly reserve all intellectual property rights in all Content.

 

3. Site Use License

In accordance with the terms of this Agreement, Soul of India grants you a limited, non-transferable, non-assignable, non-exclusive, revocable license to use the Site and Services for personal, noncommercial use. You may download, print, and copy Content for personal, nonpublic, and noncommercial purposes only, provided you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice, or violate this Agreement in any way.  The provision of the Site or Services does not transfer to you or any third party any rights, title, interest in or to such intellectual property rights.

 

4. Unlawful or Prohibited Uses

The Site may only be used for lawful purposes in accordance with the terms of the license granted in this Agreement. You warrant to Soul of India that you will not use the Site or Services for any purpose that is unlawful or prohibited by this Agreement. Whether on behalf of yourself or any third party, you agree that YOU MAY NOT:

• Copy, reproduce, distribute, republish, download, display, post, or transmit, in any form or any means, any part of the Site or Services except as expressly stated herein;

• Modify, make derivative works of, decompile, or reverse engineer any part of the Site or Services;

• License, sell, rent, lease, transfer, assign, distribute, host, or otherwise make any commercial use of the Site or Services;

• Download, copy, print, host, or transmit any of the Site or Services to provide any service that is competitive with Company or for the benefit of any other business entity or merchant;

• Infringe or use Company’s brand, logos, or trademarks except as expressly permitted by Company;

• Upload, post, transmit or otherwise make available or initiate any content that:

◦ Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;

◦ Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships;

◦ Infringe upon patents, trademarks, trade secrets, copyrights or other proprietary rights;

◦ Include any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” or any other form of solicitation; or

◦ Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Company or any user of the Services;

 

• Make any commercial use of the Site or its Content, including making any collection or use of any product listings, descriptions, prices, or images;

• Use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by Soul of India or generally publicly available browsers;

• Frame, mirror, or use framing techniques on any part of the Site without Soul of India’s express prior written consent;

• Make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by this Agreement;

• Use any meta tags or any other hidden text utilizing Soul of India’s name or marks;

• Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;

• Use a buying agent to conduct transactions on the Site;

• Conduct fraudulent activities on the Site;

• Violate or attempt to violate the security of the Site, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the behavior of the Site; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the Site, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing”; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Site (impersonating the Soul of India Site) or to the Site (impersonating another user);

• Send unsolicited or unauthorized email on behalf of Soul of India, including promotions and/or advertising of products or services;

• Tamper with the Site or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site;

• Engage in any action that directly or indirectly interferes with the proper working of or places unreasonable load on Company’s infrastructure;

• Use the Site to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;

• Harvest or collect personally identifiable information about other users of the Site;

• Restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site);

• Use the Site to advertise or offer to sell or buy any goods or services without Soul of India’s express prior written consent;

• Remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site.

 

5. Modification & Termination

Soul of India may at any time: (i) modify or discontinue any part of the Site or Services; (ii) charge, modify or waive fees required to use the Site or Services; or (iii) offer opportunities to some or all Site or Service users. Soul of India reserves the right to make changes to this Agreement at any time, and such changes will be effective immediately upon being posted on the Site. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Each time you use the Site or Services, you should review the current Terms & Conditions. You can determine when these Terms & Conditions were last revised by referring to the “LAST UPDATED” legend at the top of these Terms & Conditions. Your continued use of the Site or Services will indicate your acceptance of the current Terms & Conditions; however, any change to these Terms & Conditions after your last usage of the Site or Services will not be applied retroactively. Soul of India reserves the right, without notice and at its sole discretion, to terminate your account or your use of the Site and Services and to block or prevent future access to and use of the Site and Services (i) if you violate any of these Terms & Conditions, (ii) for any other reason or (iii) for no reason. Upon any such termination, your right to use the Site and Services will immediately cease.

You agree that we shall not be liable to you or any third party for any termination of your access to the Site or Services. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, all limitations of liability and all indemnities shall survive such termination.

 

6. Privacy

Personally identifying information is subject to our Privacy Policy the terms of which are incorporated herein. Please review the Privacy Policy before using the Site or Service as it is governs our treatment of any information. Please note that certain information, statements, data, and content (such as photographs) which you may submit to Soul of India 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 and that Soul of India may process and use such information, within the terms of the Privacy Policy.

 

7. Your Account

You may be required to register with Soul of India in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant to you the user name you request. Your user name and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to immediately to notify Soul of India of any unauthorized use, or suspected unauthorized use of your account or any other breach of security. Soul of India cannot and will not be liable for any unauthorized use of your account or loss or damage arising from your failure to comply with the above requirements.

YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SITE AND/OR SERVICES BY ANYONE USING YOUR PASSWORD AND/OR IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SITE AND/OR SERVICE ARE ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

By accessing the Site and Services, you agree to the terms of this Agreement including without limitation the Privacy Policy and to receiving electronic communications from Soul of India relating to your account. These communications may involve sending emails to your email address provided during registration or posting communications on the Site and will include notices about your account (e.g., payment authorizations, change in password or payment method, confirmation e-mails, and other transactional information) and are part of your relationship with Soul of India. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about Soul of India features and content, special offers, promotional announcements and customer surveys and that such communications may be delivered via email, text message to your phone or other methods. If you no longer want to receive certain non-transactional communications you must contact us as described in the Privacy Policy or by clicking the Unsubscribe button on one of the non-transactional emails sent to you. Please review our Privacy Policy for further detail on our marketing communications (including newsletters and promotional emails including third party offers.

In addition to all other rights available to Soul of India including those set forth in this Agreement, Soul of India reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.

 

8. User Content

“User Content” means any and all information and content that a user submits to, uses with or relates to Soul of India, the Site or Services (e.g., content in the user’s profile or postings). By placing material on, or communicating with, the Site, social media or other channels (e.g., the Company’s profiles on Facebook, Twitter, Instagram, and YouTube; emails in response to requests for submissions) (“Other Channels”) (e.g., posting a comment to a Company post; publishing a picture or video on the Company’s Facebook profile; participating in a Company Internet conversation by publishing a Tweet which incorporates a hashtag encouraged by or otherwise referencing Company) you represent and warrant that you own or otherwise control all of the rights to the content that you provide, that the content is accurate, that it does not violate this Agreement, and that it will not cause injury to any person or entity. You grant Soul of India and its affiliates and related entities a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to (or permit others to) use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from all information you publish, post, or otherwise provide to us via the Site or Other Channels, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize Soul of India to include the information you provide in a searchable format that may be accessed by users of the Site and Other Channels. You also grant Soul of India and its affiliates and related entities and other parties the right to use your name and any other information about you that you provide in connection with its use and with the reproduction or distribution of such material, and also grant Soul of India the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication, content, or materials you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Soul of India. Because you alone are responsible for your User Content (and not Company), you may expose yourself to liability if, for example, your User Content violates this Agreement. Company is not obligated to backup any User Content and User Content may be deleted at anytime. You are solely responsible for creating backup copies of your User Content if you desire.

By submitting suggestions or other feedback regarding our Services (“Contributions”) in any way to Soul of India, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Soul of India is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Soul of India 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) Soul of India may have something similar to the Contributions already under consideration or in development; (e) you irrevocably non-exclusively license to Soul of India rights to exploit and/or use for commercial purpose your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from Soul of India under any circumstances.

Content is also provided by third party visitors to the Site. Please note that Site visitors may post content that is inaccurate, misleading, or deceptive. Soul of India neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of Soul of India.

 

9. User Transactions, Ordering, and Payment

If you wish to purchase any product or service made available through the Site (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Soul of India the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Payment is due prior to the completion of any Transaction, and verification of information may be required prior to the acknowledgment or completion of any Transaction.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. Soul of India reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions and indemnify, defend, and hold Company harmless from any applicable taxes and any federal, state, or local charges or fees imposed on, in respect of, or otherwise associated with any Transaction.

Soul of India or our agents may call or text by telephone regarding your account or your Transactions. You agree that we may place such calls or texts using an automatic dialing/announcing device. You agree that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.

 

10. Availability, Errors, and Inaccuracies

Company’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. Soul of India makes a conscientious effort to describe and display its products and services accurately on the Site. Despite these efforts, items on the Site may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. Soul of India reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We apologize for any inconvenience. As part of our shipping procedures, we verify the availability and the price before an item is shipped. If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item’s correct price is higher than our stated price, if the item is no longer available, or if we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email.

 

11. Risk of loss

Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Site passes to the purchaser upon delivery to the carrier.

 

12. Returns

Products purchased from the Site may be returned within thirty (30) days from either (i) the delivery date provided by the delivery carrier tracking information (“Delivery Date”) or (ii) if the Delivery Date is not available from the delivery carrier, the purchase date appearing on the sales invoice or receipt (“Purchase Date”), for a full refund of the purchase price less shipping and processing costs. Returned products are also, at the discretion of Company, subject to a ten percent (10%) restocking fee. Customer is responsible for the cost of shipping products back to Company. Returns will not be accepted without a Return Merchandise Authorization (“RMA”) number issued by Company. To request an RMA number, customer must send an email message to [email protected] with: (i) first and last name, (ii) mailing address, (iii) email address, (iv) phone number, (v) order # on sale invoice or receipt, and the (vi) reason for return. Company will reply with instructions on how customer can return ship the products. Customer may also contact Company via telephone at 888-406-5998 to request an RMA number.

 

13. Rules for Promotions, Coupons, or Offers

Any sweepstakes, contests, raffles, coupons, or other promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from or in addition to this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will apply.

 

14. Disclaimer of Warranties

Soul of India cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.

 

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, THE “SITE CONTENTS”) ARE PROVIDED BY COMPANY ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT EMAILS SENT FROM COMPANY ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

 

CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.

 

COMPANY DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION.

 

MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCT’S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT.

 

On the Site, we may display names, marks, products, advertisements, or services of third parties, pop-up texts, or links to third-party sites. If you decide to link to any such third-party sites, you do so entirely at your own risk.

 

15. Health and Nutrition Information

THE INFORMATION CONTAINED IN THE SITE AND SERVICES RELATED TO HEALTH AND NUTRITION IS INTENDED FOR EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT, IT IS NOT A SUBSTITUTE FOR A MEDICAL EXAM, AND IT DOES NOT REPLACE THE NEED FOR SERVICES PROVIDED BY HEALTHCARE PROFESSIONALS. ONLY YOUR HEALTHCARE PROFRESSIONAL CAN PROVIDE YOU WITH ADVICE ON WHAT IS SAFE AND EFFECTIVE FOR YOU.

 

16. Third Party Websites, Advertisements; Other Users

The Site may contain links and interactive functionality interacting with the websites of third parties (including social media sites), services, and advertisements for third parties (collectively, “Third Party Sites”).  Such Third Party Sites are not under the control of Soul of India, and

Company is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. You use all Third Party Sites at your own risk. When you click a link to Third Party Sites, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites.

 

Each Site or Service user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site or Service users are solely between you and such user. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site or Service user, we are under no obligation to become involved.

 

You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Service users or Third Party Sites.

 

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

 

17. Indemnification & Defense

As a condition of the use of the Site and Services, you agree to defend, indemnify, and hold harmless Soul of India and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to Claims alleging facts that if true would constitute a breach by you of this Agreement, or any User Content submitted by you. Company reserves the right, at your expense, to assume the exclusive defense and control of any Claims for which you are required to indemnify us and you agree to cooperate with our defense of these Claims. You agree not to settle any Claim or matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

 

18. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL SOUL OF INDIA OR ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE AND SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE OR SERVICES, ANY CONTENT ON THE SITE, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICES. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE AND SERVICES, THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE PRODUCTS AND/OR THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) SIXTY US DOLLARS ($60) OR (B) AMOUNTS YOU’VE PAID COMPANY IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND SOUL OF INDIA. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SOUL OF INDIA. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

 

19. Notices & Electronic Communications

You consent to receive notices and other communications from Soul of India by Company posting notices on the Site or sending you an email at the email address listed in your profile in your account or the email address associated with your order. You agree that all agreements, notices, disclosures, and other communications that Company provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient. You agree that a printed version of this Agreement and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

20. Filtering

Pursuant To 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following website:

OnGuard Online (http://onguardonline.gov/). Please note that we do not endorse any of the products or services listed at such website.

 

21. Notice to California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site or Services, please send an email to [email protected] You may also contact us by writing to Soul of India, Inc. 925 N. La Brea Ave., 4th Floor, West Hollywood, CA 90038, or by calling us at (888) 406-5998. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

 

22. Jurisdictional Issues

The Site is controlled and operated by Soul of India from the United States, and is not intended to subject Soul of India to the laws or jurisdiction of any state, country or territory other than that of the United States. Soul of India does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

 

23. Dispute Resolution – READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS

YOU AND COMPANY AGREE THAT IN THE EVENT OF ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF, RELATING TO, OR CONNECTED IN ANY WAY WITH THE SITE OR SERVICES, OR THE BREACH, ENFORCEMENT, INTERPRETATION, OR VALIDITY OF THESE TERMS & CONDITIONS, SUCH CLAIM, DISPUTE OR CONTROVERSY WILL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION IN LOS ANGELES, CALIFORNIA, EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT. YOU ARE THUS GIVING UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS, EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT. YOU ARE ENTITLED TO A FAIR HEARING, BUT ARBITRATION PROCEDURES ARE SIMPLIER, AND ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT AND USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY. ARBITRATION IS SUBJECT TO VERY LIMITED REVIEW BY COURTS, BUT ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. ARBITRATION DECISIONS ARE AS ENFORCEABLE AS ANY COURT ORDER. NOTWITHSTANDING THE FOREGOING: (I) IN LIEU OF ARBITRATION, EITHER YOU OR COMPANY CAN BRING AN INDIVIDUAL CLAIM IN SMALL CLAIMS COURT IN THE UNITED STATES OF AMERICA CONSISTENT WITH ANY APPLICABLE JURISDICTIONAL AND MONETARY LIMITS THAT MAY APPLY, PROVIDED THAT IT IS BROUGHT AND MAINTAINED AS AN INDIVIDUAL CLAIM; AND (II) YOU AGREE THAT YOU OR COMPANY MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.

If you intend to seek arbitration you must first send written notice (“Notice”), by first class or certified mail, to Soul of India, Inc. 925 N. La Brea Ave., 4th Floor, West Hollywood, CA 90038. If Soul of India intends to seek arbitration, Company will send Notice to the billing address on your account or sales invoice. The Notice must describe the nature and basis of the claim and the specific relief sought. If the parties cannot reach an agreement within sixty (60) days from the receipt of the Notice, either party may initiate arbitration proceedings. A form to initiate arbitration proceedings is available on the American Arbitration Association (AAA) site at www.adr.org. In addition to filing this form with the AAA, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send such copy to Soul of India, Inc. 925 N. La Brea Ave., 4th Floor, West Hollywood, CA 90038, and Soul of India will send such copy to the current billing address on your account or sales invoice.

Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the AAA. As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by then then current rules of the AAA for commercial arbitration, and if the arbitrator deems applicable, the procedures for consumer-related disputes. The AAA rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879.

YOU AGREE THAT ALL MATTERS RELATING TO YOUR ACCESS TO OR USE OF THE SITE OR SERVICES AND ALL MATTERS ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS, INCLUDING ALL DISPUTES, WILL BE GOVERNED BY THE LAWS OF THE FEDERAL ARBITRATION ACT (FAA) AND NOT ANY STATE ARBITRATION LAW. UNLESS YOU AND COMPANY AGREE OTHERWISE, IN THE EVENT THAT IT IS DETERMINED OR THESE TERMS & CONDITIONS PROVIDE THAT A CLAIM SHOULD NOT PROCEED THROUGH ARBITRATION, YOU AGREE THAT ANY CLAIM OR DISPUTE (WITH THE EXCEPTION OF A CLAIM OR DISPUTE APPROPRIATELY LODGED IN ANY SMALL CLAIMS COURT IN THE UNITED STATES OF AMERICA) SHALL BE RESOLVED IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CALIFORNIA, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. IF SUBJECT MATTER JURISDICTION (INCLUDING DIVERSITY JURISDICTION) DOES NOT EXIST IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CALIFORNIA FOR ANY SUCH CLAIM, THEN THE EXCLUSIVE FORUM AND VENUE FOR ANY SUCH ACTION SHALL BE THE COURTS OF THE STATE OF CALIFORNIA, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. YOU AND COMPANY BOTH WAIVE YOUR RIGHT TO A JURY TRIAL, UNLESS SUCH WAIVER IS UNENFORCEABLE.

THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES PURSUANT TO THIS AGREEMENT SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SITE AND/OR THESE TERMS & CONDITIONS WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS DISPUTES SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) THE ARBITRATOR SHALL HONOR CLAIMS OF PRIVILEGE AND PRIVACY RECOGNIZED AT LAW; (4) THE ARBITRATOR’S AWARD SHALL BE FINAL AND MAY BE ENFORCED IN ANY COURT OF COMPETENT JURISDICTION; (5) EXCEPT WHERE OTHERWISE PROHIBITED BY LAW, ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE. (6) IN THE EVENT THAT YOU ARE ABLE TO DEMONSTRATE THAT THE COSTS OF ARBITRATION WILL BE PROHIBITIVE AS COMPARED TO COSTS OF LITIGATION, WE WILL PAY AS MUCH OF YOUR FILING AND HEARING FEES IN CONNECTION WITH THE ARBITRATION AS THE ARBITRATOR DEEMS NECESSARY TO PREVENT THE ARBITRATION FROM BEING COST-PROHIBITIVE AS COMPARED TO THE COST OF LITIGATION.

Notwithstanding any provision in this Agreement to the contrary, if we seek to terminate the Dispute Resolution section as included in the Agreement, any such termination shall not be effective until 30 days after the version of the Agreement not containing the agreement to arbitrate is posted to the Site, and shall not be effective as to any claim of which you provided the Company with written notice prior to the date of termination.

 

24. Entire Agreement; Headings; No Assignment by You

This Agreement constitutes the entire agreement between you and us regarding our Products, the use of the Site and 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. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of a customer to the Company and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.

 

25. Governing Law 

Any and all controversies, disputes, demands, counts, claims, or causes of action between you and the Company and our employees, agents, successors, or assigns, regarding or relating to these the Site, Services or this Agreement, shall exclusively be governed by the internal laws of the State of California, without regard to its choice of law rules and without regard to conflicts of laws principles except that the arbitration provision shall be governed by the Federal Arbitration Act. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.

 

26. Contact

If you have any questions, comments, or feedback regarding this Agreement, our Site, or Services, we encourage you to contact us by sending an email to [email protected]. You may also contact us at the following address or phone number:

 

Soul of India, Inc.

925 N. La Brea Ave

4th Floor

West Hollywood, CA 90038

 

Phone: 888-406-5998