Term And Condition

TERMS OF LAST REVISION: [03-02-2019]

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY
USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU
AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS
AGREEMENT.
This Terms of Service Agreement (the “Agreement”) governs your use of this
website, [Website Address] (the “Website”), [Business Name] (https://www.onlinejob.tech)
offer of products for purchase on this Website, or your purchase of products
available on this Website. This Agreement includes, and incorporates by this
reference, the policies and guidelines referenced below. [https://www.onlinejob.tech] reserves
the right to change or revise the terms and conditions of this Agreement at any time
by posting any changes or a revised Agreement on this Website. [https://www.onlinejob.tech]
will alert you that changes or revisions have been made by indicating on the top of
this Agreement the date it was last revised. The changed or revised Agreement will
be effective immediately after it is posted on this Website. Your use of the Website
following the posting any such changes or of a revised Agreement will constitute
your acceptance of any such changes or revisions. [Business Name] encourages
you to review this Agreement whenever you visit the Website to make sure that you
understand the terms and conditions governing use of the Website. This Agreement
does not alter in any way the terms or conditions of any other written agreement you
may have with [Business Name] for other products or services. If you do not agree to
this Agreement (including any referenced policies or guidelines), please immediately
terminate your use of the Website. If you would like to print this Agreement, please
click the print button on your browser toolbar.
I. PRODUCTS
Terms of Offer. This Website offers for sale certain products (the “Products”). By
placing an order for Products through this Website, you agree to the terms set forth
in this Agreement.
Customer Solicitation: Unless you notify our third party call center reps or direct
[Business Name] sales reps, while they are calling you, of your desire to opt out from
further direct company communications and solicitations, you are agreeing to
continue to receive further emails and call solicitations [https://www.onlinejob.tech] and its
designated in house or third party call team(s).
Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations.
1. You may use the opt out link found in any email solicitation that you may receive.
2. You may also choose to opt out, via sending your email address to: [opt-out
email].
3. You may send a written remove request to [Patna].
Proprietary Rights. [Business Name] has proprietary rights and trade secrets in the
Products. You may not copy, reproduce, resell or redistribute any Product
manufactured and/or distributed by [Business Name]. [https://www.onlinejob.tech] also has
rights to all trademarks and trade dress and specific layouts of this webpage,
including calls to action, text placement, images and other information.
Sales Tax. If you purchase any Products, you will be responsible for paying any
applicable sales tax.
II. WEBSITE
Content; Intellectual Property; Third Party Links. In addition to making Products
available, this Website also offers information and marketing materials. This Website
also offers information, both directly and through indirect links to third-party websites,
about nutritional and dietary supplements. [https://www.onlinejob.tech] does not always create
the information offered on this Website; instead the information is often gathered
from other sources. To the extent that https://www.onlinejob.tech] does create the content on
this Website, such content is protected by intellectual property laws of the India,
foreign nations, and international bodies. Unauthorized use of the material may
violate copyright, trademark, and/or other laws. You acknowledge that your use of
the content on this Website is for personal, noncommercial use. Any links to thirdparty websites are provided solely as a convenience to you. [Business Name] does
not endorse the contents on any such third-party websites. [Business Name] is not
responsible for the content of or any damage that may result from your access to or
reliance on these third-party websites. If you link to third-party websites, you do so at
your own risk.
Use of Website; [Business Name] is not responsible for any damages resulting from
use of this website by anyone. You will not use the Website for illegal purposes. You
will (1) abide by all applicable local, state, national, and international laws and
regulations in your use of the Website (including laws regarding intellectual
property), (2) not interfere with or disrupt the use and enjoyment of the Website by
other users, (3) not resell material on the Website, (4) not engage, directly or
indirectly, in transmission of “spam”, chain letters, junk mail or any other type of
unsolicited communication, and (5) not defame, harass, abuse, or disrupt other
users of the Website
License. By using this Website, you are granted a limited, non-exclusive, nontransferable right to use the content and materials on the Website in connection with
your normal, noncommercial, use of the Website. You may not copy, reproduce,
transmit, distribute, or create derivative works of such content or information without
express written authorization from [Business Name] or the applicable third party (if
third party content is at issue).
Posting. By posting, storing, or transmitting any content on the Website, you hereby
grant [Business Name] a perpetual, worldwide, non-exclusive, royalty-free,
assignable, right and license to use, copy, display, perform, create derivative works
from, distribute, have distributed, transmit and assign such content in any form, in all
media now known or hereinafter created, anywhere in the world. [Business Name]
does not have the ability to control the nature of the user-generated content offered
through the Website. You are solely responsible for your interactions with other
users of the Website and any content you post. [Business Name] is not liable for any
damage or harm resulting from any posts by or interactions between users.
[Business Name] reserves the right, but has no obligation, to monitor interactions
between and among users of the Website and to remove any content [Business
Name] deems objectionable, in MuscleUP Nutrition ‘s sole discretion.
III. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK.
THE WEBSITE AND PRODUCTS ARE OFFERED ON AN “AS IS” AND “AS
AVAILABLE” BASIS. [Business Name] EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH
RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE
UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. (“PRODUCTS”
INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, [Business Name]
MAKES NO WARRANTY:
THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE,
RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS
ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY
STATED HEREIN.
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.
REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE
WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO
YOU.
IV. LIMITATION OF LIABILITY
[Business Name] ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW,
IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT
AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY
LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR
PRODUCTS PURCHASED VIA THE WEBSITE.
[Business Name] WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION
WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING
LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE
WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING
SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR
OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR
(4) ANY LOST PROFITS YOU ALLEGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
V. INDEMNIFICATION
You will release, indemnify, defend and hold harmless [Business Name], and any of
its contractors, agents, employees, officers, directors, shareholders, affiliates and
assigns from all liabilities, claims, damages, costs and expenses, including
reasonable attorneys’ fees and expenses, of third parties relating to or arising out of
(1) this Agreement or the breach of your warranties, representations and obligations
under this Agreement; (2) the Website content or your use of the Website content;
(3) the Products or your use of the Products (including Trial Products); (4) any
intellectual property or other proprietary right of any person or entity; (5) your
violation of any provision of this Agreement; or (6) any information or data you
supplied to [Business Name]. When [Business Name] is threatened with suit or sued
by a third party, [Business Name] may seek written assurances from you concerning
your promise to indemnify [Business Name]; your failure to provide such assurances
may be considered by [Business Name] to be a material breach of this Agreement.
[Business Name] will have the right to participate in any defense by you of a thirdparty claim related to your use of any of the Website content or Products, with
counsel of [Business Name] choice at its expense. [Business Name] will reasonably
cooperate in any defense by you of a third-party claim at your request and expense.
You will have sole responsibility to defend [Business Name] against any claim, but
you must receive [Business Name] prior written consent regarding any related
settlement. The terms of this provision will survive any termination or cancellation of
this Agreement or your use of the Website or Products.
VI. PRIVACY
[Business Name] believes strongly in protecting user privacy and providing you with
notice of MuscleUP Nutrition ‘s use of data. Please refer to [Business Name] privacy
policy, incorporated by reference herein, that is posted on the Website.
VI. AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read
and agree to be bound by this Agreement and all terms and conditions on this
Website.
VIII. GENERAL
Force Majeure. [Business Name] will not be deemed in default hereunder or held
responsible for any cessation, interruption or delay in the performance of its
obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of
God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. [Business Name] may at any time, in its sole discretion and
without advance notice to you, cease operation of the Website and distribution of the
Products.
Entire Agreement. This Agreement comprises the entire agreement between you
and [Business Name] and supersedes any prior agreements pertaining to the subject
matter contained herein.
Effect of Waiver. The failure of [Business Name] to exercise or enforce any right or
provision of this Agreement will not constitute a waiver of such right or provision. If
any provision of this Agreement is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give effect
to the parties’ intentions as reflected in the provision, and the other provisions of this
Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Website originates from the [City, State]. This
Agreement will be governed by the laws of the State of [Law State Name] without
regard to its conflict of law principles to the contrary. Neither you nor [Business
Name] will commence or prosecute any suit, proceeding or claim to enforce the
provisions of this Agreement, to recover damages for breach of or default of this
Agreement, or otherwise arising under or by reason of this Agreement, other than in
courts located in State of [State Name]. By using this Website or ordering Products,
you consent to the jurisdiction and venue of such courts in connection with any
action, suit, proceeding or claim arising under or by reason of this Agreement. You
hereby waive any right to trial by jury arising out of this Agreement and any related
documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the Website or
Products or this Agreement must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU
HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS
WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR
PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR
CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. [Business Name] reserves the right to terminate your access to the
Website if it reasonably believes, in its sole discretion, that you have breached any
of the terms and conditions of this Agreement. Following termination, you will not be
permitted to use the Website and [Business Name] may, in its sole discretion and
without advance notice to you, cancel any outstanding orders for Products. If your
access to the Website is terminated, [Business Name] reserves the right to exercise
whatever means it deems necessary to prevent unauthorized access of the Website.
This Agreement will survive indefinitely unless and until [Business Name] chooses,
in its sole discretion and without advance to you, to terminate it.
Domestic Use. [Business Name] makes no representation that the Website or
Products are appropriate or available for use in locations outside India. Users who
access the Website from outside India do so at their own risk and initiative and must
bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to
anyone. [Business Name] may assign its rights and obligations under this
Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU
AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.