(Last Updated on 20th August, 2020)
These Terms govern your access to and use of uttaranhazarika.com website including content and services available (collectively, “Services”). Our Services are offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation uttaranhazarika.com Privacy Policy), and procedures that may be published from time to time by uttaranhazarika.com (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and the Agreement will apply to any upgrades. Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Services.
1. Who’s Who
This website, uttaranhazarika.com (“Site”) is operated by Uttaran Hazarika (UH).
Throughout these Terms, “you” applies to both individuals and entities that access or use our Services. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity.
2. Minimum Age Requirements
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (or 16 years or older in the European Union).
3. General Representation and Warranty
You represent and warrant that your use of our Services:
- Will be in strict accordance with these Terms;
- Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use of financial services, notification and consumer protection, unfair competition, and false advertising);
- Will not use the Services for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
- Will not infringe or misappropriate the intellectual property rights of any third party;
- Will not overburden uttaran.hazarika.com’s systems, as determined by us in our sole discretion;
- Will not disclose sensitive personal information of others;
- Will not be used to send spam or bulk unsolicited messages;
- Will not interfere with, disrupt, or attack any service or network; and
- Will not be used to create, distribute, or enable material that is – or that facilitates or operates in conjunction with – malware, spyware, adware, or other malicious programs or code.
4. Intellectual Property
The Agreement does not transfer from UH, uttaranhazarika.com to you any UH, uttaranhazarika.com or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with uttaranhazarika.com, UH. uttaranhazarika.com, UH, the uttaranhazarika.com logo, and all other trademarks, service marks, graphics, and logos used in connection with uttaranhazarika.com or our Services, are trademarks of uttaranhazarika.com, UH. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any UH, uttaranhazarika.com or third party trademarks.
5. Third Party Services
In using the Services, you may enable or use services, products, software (like themes or plugins), embeds, or applications developed by a third party or yourself (“Third Party Services”) on your website. If you use any Third Party Services, you understand that:
- Third Party Services are not vetted, endorsed, or controlled by uttaranhazarika.com, UH.
- Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
- Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
- Some Third Party Services may request or require access to your (yours, your visitors’, or customers’) data, for example, via a pixel or cookie. If you use the Third Party Service or grant access, your data will be handled in accordance with the Third Party’s privacy policy and practices. We do not have control over how a Third Party Service may use your data. You should carefully review Third Party Services’ data collection, retention, and use policies and practices before enabling Third Party Services.
- If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.
In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or website.
6. Changes
We are constantly updating our Services and that means sometimes we have to change the legal terms under which our Services are offered. These Terms may only be modified by a written amendment signed by an authorized executive of uttaranhazarika.com, UH, or by the posting by UH, uttaranhazarika.com of a revised version. Any changes or modification to the terms of service will take effect immediately upon posting of the revisions on the Site. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of uttaranhazarika.com following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms of Service and applicable policies to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
7. Termination
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately.
8. Disclaimer of Warranties
Our Services are provided “as is.” UH, uttaranhazarika.com hereby disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. UH, uttaranhazarika.com does not make any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
9. Arbitration Agreement
Any claim, dispute or controversy of any kind, regardless of the type of claim or legal theory or remedy (“Claim”) by either you or UH against the other arising from, relating to or in any way concerning the Terms of Service, Privacy Policy and Site content must, at the demand of either party, be submitted to and determined by binding and confidential arbitration in Pune, India before a mutually agreed single arbitrator. To the extent issues of state law are implicated, the laws of the state of Maharashtra shall apply. The arbitration of such claims must proceed on an individual (non class and non-representative) basis and the arbitrator may award relief only on an individual (non-class and non representative) basis. The parties shall maintain the confidential nature of the arbitration proceedings and award.
YOU AND UH HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT YOU HAVE TO A COURT TRIAL, OR AN APPEAL TO A STATE OR FEDERAL COURT OF APPEAL, WITH REGARD TO ANY DISPUTE ARISING UNDER, RELATING TO, OR IN CONNECTION WITH THE Terms of Service, Privacy Policy, and Site content. ALL SUCH DISPUTES SHALL BE RESOLVED THROUGH BINDING ARBITRATION AND NO CLASS ACTION, CONSOLIDATED ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE CLAIMS MAY BE PURSUED IN ARBITRATION. BY ACCEPTING THIS ARBITRATION AGREEMENT, YOU AGREE TO WAIVE THE RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION,
REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR CONSOLIDATED ARBITRATION IN ANY MATTER ENCOMPASSED BY THIS ARBITRATION PROVISION.
10. Limitation of Liability
IN NO EVENT SHALL UH OR OUR EMPLOYEES, AGENTS OR VOLUNTEERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE CONTENT OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM UH, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO UH’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF UH, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR THE SITE MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO UH FOR ACCESS TO OR USE OF THE SITE.
11. Indemnification
You agree to indemnify and hold harmless uttaranhazarika.com, UH, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any ecommerce activities conducted through your or another user’s website.
12. US Economic Sanctions
You expressly represent and warrant that your use of our Services and/or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and we reserve the right to terminate accounts or access of those in the event of a breach of this condition.
13. Miscellaneous
The Agreement constitutes the entire agreement between UH, uttaranhazarika.com and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; UH, uttaranhazarika.com may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
14. Questions & Contact Information
Questions or comments about the uttaranhazarika.com may be directed to UH at contact@uttaranhazarika.com.