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DISCLAIMERS/LIMITATIONS OF LIABILITY YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INDIANDVDWALA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE, OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL ISSUES. ALL PRODUCTS AND SERVICES PURCHASED ON THIS SITE ARE SUBJECT ONLY TO THE WARRANTIES (IF ANY) FROM THEIR RESPECTIVE MANUFACTURERS OR OTHER SUPPLIERS, AND YOU AGREE THAT WE HAVE NO LIABILITY TO YOU. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INDIANDVDWALA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INDIANDVDWALA, ITS OFFICERS EMPLOYEES AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, ITS CONTENT, PRODUCTS OR SERVCIES INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASE YOU AGREE THAT OUR MAXIMUM LIABILITY TO YOU SHALL BE LIMITED TO THE AMOUNT WE RECEIVED FROM YOU WITH RESPECT TO THE TRANSACTION THAT GAVE RISE TO THE CLAIM. YOU AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEM YOU MAY HAVE WITH RESPECT TO THIS SITE OR ITS CONTENT IS TO DISCONTINUE YOUR USE OF THE SITE. In the event that you have a dispute with one or more users, you release IndianDVDwala (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." INDEMNITY You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim, demand or expense, (including attorneys' fees), made by any third party due to or arising out of your breach of these Terms and Conditions, your use of the Site, its Content, any products you may have purchased, or the materials the Site incorporates by reference, or your violation of any law, regulation, order or other legal mandate, or the rights of any third party. ARBITRATION Any controversy or claim arising out of or relating to these Terms and Conditions, or our products or services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in Chicago, Illinois, and you consent to the personal jurisdiction of said arbitration panel. Any judgment on the arbitration award may be entered into any court having jurisdiction thereof. NOTICES All notices in connection with these Terms and Conditions should be sent in writing to IndianDVDwala at: Ghanari Inc. GENERAL These Terms and Conditions and any other policies or guidelines on the Site are incorporated herein by reference constitute the sole agreement between us with respect to the subject matter hereof. This Site is created and controlled by IndianDVDwala in Illinois USA. The laws of Illinois will govern these Terms and Conditions, without giving effect to its conflicts of laws principles. If any provision hereof is held to be invalid or unenforceable, the other provisions hereof shall be enforced. Headings are for reference purposes only and in no way define or limit the scope of a section. Any failure by IndianDVDwala to act with respect to a breach by you will not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions shall be binding on and inure to the benefit of each of our respective successors and permitted assigns. We may make changes to these Terms and Conditions, our Site and/or any of the information contained therein at any time |
