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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, [web.windshieldexpress.co.in] (the "Website"), [mobs windshield private limited 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.mobss windshield private limited 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. [MOBSS WINDSHIELD PRIVATE LIMITED] 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. [MOBSS WINDSHIELD PRIVATE LIMITED] 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 [MOBSS WINDSHIELD PRIVATE LIMITED] 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.
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. [MOBSS WINDSHIELD PRIVATE
LIMITED] does not always create the information offered on this Website;
instead the information is often gathered from other sources. To the extent
that [MOBSS WINDSHIELD PRIVATE LIMITED] 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
third-party websites are provided solely as a convenience to you. [MOBSS
WINDSHIELD PRIVATE LIMITED] does not endorse the contents on any such
third-party websites. [MOBSS WINDSHIELD PRIVATE LIMITED] 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; [MOBSS WINDSHIELD PRIVATE LIMITED] 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, non-transferable 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 [MOBSS
WINDSHIELD PRIVATE LIMITED] 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 [MOBSS
WINDSHIELD PRIVATE LIMITED] 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. [MOBSS WINDSHIELD PRIVATE LIMITED] 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. [MOBSS WINDSHIELD PRIVATE LIMITED] is not
liable for any damage or harm resulting from any posts by or interactions
between users. [MOBSS WINDSHIELD PRIVATE LIMITED] reserves the right, but has
no obligation, to monitor interactions between and among users of the Website
and to remove any content [MOBSS WINDSHIELD PRIVATE LIMITED] deems objectionable, in MuscleUP Nutrition 's
sole discretion.
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. [MOBSS WINDSHIELD PRIVATE LIMITED] 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, [MOBSS WINDSHIELD
PRIVATE LIMITED] 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.
[MOBSS WINDSHIELD PRIVATE LIMITED] 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.
[MOBSS WINDSHIELD PRIVATE LIMITED] 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.
You will release,
indemnify, defend and hold harmless [MOBSS WINDSHIELD PRIVATE LIMITED], 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 [MOBSS
WINDSHIELD PRIVATE LIMITED]. When [MOBSS WINDSHIELD PRIVATE LIMITED] is
threatened with suit or sued by a third party, [MOBSS WINDSHIELD PRIVATE
LIMITED] may seek written assurances from you concerning your promise to
indemnify [MOBSS WINDSHIELD PRIVATE LIMITED]; your failure to provide such
assurances may be considered by [MOBSS WINDSHIELD PRIVATE LIMITED] to be a
material breach of this Agreement. [MOBSS WINDSHIELD PRIVATE LIMITED] will have
the right to participate in any defense by you of a third-party claim related
to your use of any of the Website content or Products, with counsel of [MOBSS
WINDSHIELD PRIVATE LIMITED] choice at its expense. [MOBSS WINDSHIELD PRIVATE
LIMITED] 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 [MOBSS
WINDSHIELD PRIVATE LIMITED] against any claim, but you must receive [MOBSS
WINDSHIELD PRIVATE LIMITED] 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.