Last
updated August 15, 2022
TABLE OF CONTENTS
1.
AGREEMENT TO TERMS
2.
INTELLECTUAL PROPERTY RIGHTS
3. USER
REPRESENTATIONS
4. USER
REGISTRATION
5.
PROHIBITED ACTIVITIES
6. USER
GENERATED CONTRIBUTIONS
7.
CONTRIBUTION LICENSE
8.
GUIDELINES FOR REVIEWS
9. MOBILE
APPLICATION LICENSE
10.
SOCIAL MEDIA
11.
SUBMISSIONS
12.
THIRD-PARTY WEBSITE AND CONTENT
13.
ADVERTISERS
14. SITE
MANAGEMENT
15.
PRIVACY POLICY
16.
COPYRIGHT INFRINGEMENTS
17. TERM
AND TERMINATION
18.
MODIFICATIONS AND INTERRUPTIONS
19.
GOVERNING LAW
20.
DISPUTE RESOLUTION
21.
CORRECTIONS
22.
DISCLAIMER
23.
LIMITATIONS OF LIABILITY
24.
INDEMNIFICATION
25. USER
DATA
26.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
27.
CALIFORNIA USERS AND RESIDENTS
28.
MISCELLANEOUS
29.
CONTACT US
1. AGREEMENT TO TERMS
These Terms of Use constitute a
legally binding agreement made between you, whether personally or on behalf of
an entity (“you”) and TNPSC Experts ("Company," “we," “us," or “our”), concerning your access to and use
of the https://www.tnpscexperts.in website
as well as any other media form, media channel, mobile website or mobile
application related, linked, or otherwise connected thereto (collectively, the
“Site”). You agree that by accessing the
Site, you have read, understood, and agreed to be bound by all of these Terms
of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
Supplemental terms and conditions or
documents that may be posted on the Site from time to time are hereby expressly
incorporated herein by reference. We reserve the right, in our sole discretion,
to make changes or modifications to these Terms of Use from time to time.
We will alert you about any changes by updating the “Last updated” date of
these Terms of Use, and you waive any right to receive specific notice of each
such change. Please ensure that you check the applicable Terms every time you
use our Site so that you understand which Terms apply. You will be subject to,
and will be deemed to have been made aware of and to have accepted, the changes
in any revised Terms of Use by your continued use of the Site after the date
such revised Terms of Use are posted.
The information provided on the Site
is not intended for distribution to or use by any person or entity in any
jurisdiction or country where such distribution or use would be contrary to law
or regulation or which would subject us to any registration requirement within
such jurisdiction or country. Accordingly, those persons who choose to access
the Site from other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent local laws are
applicable.
The Site is not tailored to comply
with industry-specific regulations (Health Insurance Portability and
Accountability Act (HIPAA), Federal Information Security Management Act
(FISMA), etc.), so if your interactions would be subjected to such laws, you
may not use this Site. You may not use the Site in a way that would violate the
Gramm-Leach-Bliley Act (GLBA).
All users who are minors in the
jurisdiction in which they reside (generally under the age of 18) must have the
permission of, and be directly supervised by, their parent or guardian to use
the Site. If you are a minor, you must have your parent or guardian read and
agree to these Terms of Use prior to you using the Site.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site
is our proprietary property and all source code, databases, functionality,
software, website designs, audio, video, text, photographs, and graphics on the
Site (collectively, the “Content”) and the trademarks, service marks, and logos
contained therein (the “Marks”) are owned or controlled by us or licensed to
us, and are protected by copyright and trademark laws and various other
intellectual property rights and unfair competition laws of the United States,
international copyright laws, and international conventions. The Content and
the Marks are provided on the Site “AS IS” for your information and personal
use only. Except as expressly provided in these Terms of Use, no part of the
Site and no Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use
the Site, you are granted a limited license to access and use the Site and to
download or print a copy of any portion of the Content to which you have
properly gained access solely for your personal, non-commercial use. We reserve
all rights not expressly granted to you in and to the Site, the Content and the
Marks.
3. USER REPRESENTATIONS
By using the Site, you represent and
warrant that: (1) all registration information you submit will be true,
accurate, current, and complete; (2) you will maintain the accuracy of such
information and promptly update such registration information as
necessary; (3) you have the legal capacity and you agree to comply with
these Terms of Use; (4) you are not a minor in the jurisdiction in which
you reside, or if a minor, you have received parental permission to use the
Site; (5) you will not access the Site through automated or non-human means,
whether through a bot, script, or otherwise; (6) you will not use the Site for
any illegal or unauthorized purpose; and (7) your use of the Site will not
violate any applicable law or regulation.
If you provide any information that
is untrue, inaccurate, not current, or incomplete, we have the right to suspend
or terminate your account and refuse any and all current or future use of the
Site (or any portion thereof).
4. USER REGISTRATION
You may be required to register with
the Site. You agree to keep your password confidential and will be responsible
for all use of your account and password. We reserve the right to remove,
reclaim, or change a username you select if we determine, in our sole
discretion, that such username is inappropriate, obscene, or otherwise
objectionable.
5. PROHIBITED ACTIVITIES
You may not access or use the Site
for any purpose other than that for which we make the Site available. The Site
may not be used in connection with any commercial endeavors except those that
are specifically endorsed or approved by us.
As a user of the Site, you agree not
to:
- Systematically
retrieve data or other content from the Site to create or compile,
directly or indirectly, a collection, compilation, database, or directory
without written permission from us.
- Trick,
defraud, or mislead us and other users, especially in any attempt to learn
sensitive account information such as user passwords.
- Circumvent,
disable, or otherwise interfere with security-related features of the
Site, including features that prevent or restrict the use or copying of
any Content or enforce limitations on the use of the Site and/or the
Content contained therein.
- Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any
information obtained from the Site in order to harass, abuse, or harm
another person.
- Make
improper use of our support services or submit false reports of abuse or
misconduct.
- Use the
Site in a manner inconsistent with any applicable laws or regulations.
- Engage in
unauthorized framing of or linking to the Site.
- Upload or
transmit (or attempt to upload or to transmit) viruses, Trojan horses, or
other material, including excessive use of capital letters and spamming
(continuous posting of repetitive text), that interferes with any party’s
uninterrupted use and enjoyment of the Site or modifies, impairs,
disrupts, alters, or interferes with the use, features, functions,
operation, or maintenance of the Site.
- Engage in
any automated use of the system, such as using scripts to send comments or
messages, or using any data mining, robots, or similar data gathering and
extraction tools.
- Delete the
copyright or other proprietary rights notice from any Content.
- Attempt to
impersonate another user or person or use the username of another user.
- Upload or
transmit (or attempt to upload or to transmit) any material that acts as a
passive or active information collection or transmission mechanism,
including without limitation, clear graphics interchange formats (“gifs”),
1×1 pixels, web bugs, cookies, or other similar devices (sometimes
referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere
with, disrupt, or create an undue burden on the Site or the networks or
services connected to the Site.
- Harass,
annoy, intimidate, or threaten any of our employees or agents engaged in
providing any portion of the Site to you.
- Attempt to
bypass any measures of the Site designed to prevent or restrict access to
the Site, or any portion of the Site.
- Copy or adapt
the Site’s software, including but not limited to Flash, PHP, HTML,
JavaScript, or other code.
- Except as
permitted by applicable law, decipher, decompile, disassemble, or reverse
engineer any of the software comprising or in any way making up a part of
the Site.
- Except as
may be the result of standard search engine or Internet browser usage,
use, launch, develop, or distribute any automated system, including
without limitation, any spider, robot, cheat utility, scraper, or offline
reader that accesses the Site, or using or launching any unauthorized
script or other software.
- Use a
buying agent or purchasing agent to make purchases on the Site.
- Make any
unauthorized use of the Site, including collecting usernames and/or email
addresses of users by electronic or other means for the purpose of sending
unsolicited email, or creating user accounts by automated means or under
false pretenses.
- Use the
Site as part of any effort to compete with us or otherwise use the Site
and/or the Content for any revenue-generating endeavor or commercial
enterprise.
- Use the
Site to advertise or offer to sell goods and services.
- Sell or
otherwise transfer your profile.
6. USER
GENERATED CONTRIBUTIONS
The Site may invite you to chat,
contribute to, or participate in blogs, message boards, online forums, and
other functionality, and may provide you with the opportunity to create,
submit, post, display, transmit, perform, publish, distribute, or broadcast
content and materials to us or on the Site, including but not limited to text,
writings, video, audio, photographs, graphics, comments, suggestions, or
personal information or other material (collectively,
"Contributions"). Contributions may be viewable by other users of the
Site and through third-party websites. As such, any Contributions you transmit
may be treated as non-confidential and non-proprietary. When you create or make
available any Contributions, you thereby represent and warrant that:
- The
creation, distribution, transmission, public display, or performance,
and the accessing, downloading, or copying of your Contributions do not
and will not infringe the proprietary rights, including but not limited to
the copyright, patent, trademark, trade secret, or moral rights of any
third party.
- You are the creator and
owner of or have the necessary licenses, rights, consents, releases, and
permissions to use and to authorize us, the Site, and other users of the
Site to use your Contributions in any manner contemplated by the Site and
these Terms of Use.
- You have the written
consent, release, and/or permission of each and every identifiable
individual person in your Contributions to use the name or likeness of
each and every such identifiable individual person to enable inclusion and
use of your Contributions in any manner contemplated by the Site and these
Terms of Use.
- Your Contributions are not
false, inaccurate, or misleading.
- Your Contributions are not
unsolicited or unauthorized advertising, promotional materials, pyramid
schemes, chain letters, spam, mass mailings, or other forms of
solicitation.
- Your Contributions are not
obscene, lewd, lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not
ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not
used to harass or threaten (in the legal sense of those terms) any other
person and to promote violence against a specific person or class of
people.
- Your Contributions do not
violate any applicable law, regulation, or rule.
- Your Contributions do not
violate the privacy or publicity rights of any third party.
- Your Contributions do not
violate any applicable law concerning child pornography, or otherwise
intended to protect the health or well-being of minors.
- Your Contributions do not
include any offensive comments that are connected to race, national
origin, gender, sexual preference, or physical handicap.
- Your Contributions do not
otherwise violate, or link to material that violates, any provision of
these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of
the foregoing violates these Terms of Use and may result in, among other
things, termination or suspension of your rights to use the Site.
7. CONTRIBUTION
LICENSE
By posting your Contributions to any
part of the Site or making Contributions accessible to the Site by linking
your account from the Site to any of your social networking accounts, you
automatically grant, and you represent and warrant that you have the right to
grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right, and license to host,
use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive,
store, cache, publicly perform, publicly display, reformat, translate,
transmit, excerpt (in whole or in part), and distribute such Contributions
(including, without limitation, your image and voice) for any purpose,
commercial, advertising, or otherwise, and to prepare derivative works of, or
incorporate into other works, such Contributions, and grant and authorize
sublicenses of the foregoing. The use and distribution may occur in any media
formats and through any media channels.
This license will apply to any form,
media, or technology now known or hereafter developed, and includes our use of
your name, company name, and franchise name, as applicable, and any of the
trademarks, service marks, trade names, logos, and personal and commercial
images you provide. You waive all moral rights in your Contributions, and you
warrant that moral rights have not otherwise been asserted in your
Contributions.
We do not assert any ownership over
your Contributions. You retain full ownership of all of your Contributions and
any intellectual property rights or other proprietary rights associated with
your Contributions. We are not liable for any statements or representations in
your Contributions provided by you in any area on the Site. You are solely
responsible for your Contributions to the Site and you expressly agree to
exonerate us from any and all responsibility and to refrain from any legal
action against us regarding your Contributions.
We have the right, in our sole and
absolute discretion, (1) to edit, redact, or otherwise change any
Contributions; (2) to re-categorize any Contributions to place them in more
appropriate locations on the Site; and (3) to pre-screen or delete any
Contributions at any time and for any reason, without notice. We have no obligation
to monitor your Contributions.
8. GUIDELINES
FOR REVIEWS
We may provide you areas on the Site
to leave reviews or ratings. When posting a review, you must comply with the
following criteria: (1) you should have firsthand experience with the
person/entity being reviewed; (2) your reviews should not contain offensive
profanity, or abusive, racist, offensive, or hate language; (3) your reviews
should not contain discriminatory references based on religion, race, gender,
national origin, age, marital status, sexual orientation, or disability; (4)
your reviews should not contain references to illegal activity; (5) you should
not be affiliated with competitors if posting negative reviews; (6) you should
not make any conclusions as to the legality of conduct; (7) you may not post
any false or misleading statements; and (8) you may not organize a campaign
encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove
reviews in our sole discretion. We have absolutely no obligation to screen
reviews or to delete reviews, even if anyone considers reviews objectionable or
inaccurate. Reviews are not endorsed by us, and do not necessarily represent
our opinions or the views of any of our affiliates or partners. We do not
assume liability for any review or for any claims, liabilities, or losses
resulting from any review. By posting a review, you hereby grant to us a
perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and
sublicensable right and license to reproduce, modify, translate, transmit by
any means, display, perform, and/or distribute all content relating to reviews.
9. MOBILE APPLICATION LICENSE
Use License
If you access the Site via a mobile
application, then we grant you a revocable, non-exclusive, non-transferable,
limited right to install and use the mobile application on wireless electronic
devices owned or controlled by you, and to access and use the mobile
application on such devices strictly in accordance with the terms and
conditions of this mobile application license contained in these Terms of Use.
You shall not: (1) except as permitted by applicable law, decompile, reverse
engineer, disassemble, attempt to derive the source code of, or decrypt the
application; (2) make any modification, adaptation, improvement, enhancement,
translation, or derivative work from the application; (3) violate any
applicable laws, rules, or regulations in connection with your access or use of
the application; (4) remove, alter, or obscure any proprietary notice
(including any notice of copyright or trademark) posted by us or the licensors
of the application; (5) use the application for any revenue generating
endeavor, commercial enterprise, or other purpose for which it is not designed
or intended; (6) make the application available over a network or other
environment permitting access or use by multiple devices or users at the same
time; (7) use the application for creating a product, service, or software that
is, directly or indirectly, competitive with or in any way a substitute for the
application; (8) use the application to send automated queries to any website
or to send any unsolicited commercial e-mail; or (9) use any proprietary
information or any of our interfaces or our other intellectual property in the
design, development, manufacture, licensing, or distribution of any
applications, accessories, or devices for use with the application.
Apple and Android Devices
The following terms apply when you
use a mobile application obtained from either the Apple Store or Google Play
(each an “App Distributor”) to access the Site: (1) the license granted to you
for our mobile application is limited to a non-transferable license to use the
application on a device that utilizes the Apple iOS or Android operating
systems, as applicable, and in accordance with the usage rules set forth in the
applicable App Distributor’s terms of service; (2) we are responsible for
providing any maintenance and support services with respect to the mobile
application as specified in the terms and conditions of this mobile application
license contained in these Terms of Use or as otherwise required under
applicable law, and you acknowledge that each App Distributor has no obligation
whatsoever to furnish any maintenance and support services with respect to the
mobile application; (3) in the event of any failure of the mobile application
to conform to any applicable warranty, you may notify the applicable App
Distributor, and the App Distributor, in accordance with its terms and
policies, may refund the purchase price, if any, paid for the mobile
application, and to the maximum extent permitted by applicable law, the App
Distributor will have no other warranty obligation whatsoever with respect to
the mobile application; (4) you represent and warrant that (i) you are not
located in a country that is subject to a U.S. government embargo, or that has
been designated by the U.S. government as a “terrorist supporting” country and
(ii) you are not listed on any U.S. government list of prohibited or restricted
parties; (5) you must comply with applicable third-party terms of agreement
when using the mobile application, e.g., if you have a VoIP application, then
you must not be in violation of their wireless data service agreement when
using the mobile application; and (6) you acknowledge and agree that the App
Distributors are third-party beneficiaries of the terms and conditions in this
mobile application license contained in these Terms of Use, and that each App
Distributor will have the right (and will be deemed to have accepted the right)
to enforce the terms and conditions in this mobile application license
contained in these Terms of Use against you as a third-party beneficiary
thereof.
10. SOCIAL MEDIA
As part of the functionality of the
Site, you may link your account with online accounts you have with third-party
service providers (each such account, a “Third-Party Account”) by either: (1)
providing your Third-Party Account login information through the Site; or (2)
allowing us to access your Third-Party Account, as is permitted under the
applicable terms and conditions that govern your use of each Third-Party
Account. You represent and warrant that you are entitled to disclose your
Third-Party Account login information to us and/or grant us access to your
Third-Party Account, without breach by you of any of the terms and conditions
that govern your use of the applicable Third-Party Account, and without
obligating us to pay any fees or making us subject to any usage limitations
imposed by the third-party service provider of the Third-Party Account. By
granting us access to any Third-Party Accounts, you understand that (1) we may
access, make available, and store (if applicable) any content that you have
provided to and stored in your Third-Party Account (the “Social Network
Content”) so that it is available on and through the Site via your account,
including without limitation any friend lists and (2) we may submit to and
receive from your Third-Party Account additional information to the extent you
are notified when you link your account with the Third-Party Account. Depending
on the Third-Party Accounts you choose and subject to the privacy settings that
you have set in such Third-Party Accounts, personally identifiable information
that you post to your Third-Party Accounts may be available on and through your
account on the Site. Please note that if a Third-Party Account or associated
service becomes unavailable or our access to such Third Party Account is
terminated by the third-party service provider, then Social Network Content may
no longer be available on and through the Site. You will have the ability to
disable the connection between your account on the Site and your Third-Party
Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY
SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY
BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort
to review any Social Network Content for any purpose, including but not limited
to, for accuracy, legality, or non-infringement, and we are not responsible for
any Social Network Content. You acknowledge and agree that we may access your
email address book associated with a Third-Party Account and your contacts list
stored on your mobile device or tablet computer solely for purposes of
identifying and informing you of those contacts who have also registered to use
the Site. You can deactivate the connection between the Site and your
Third-Party Account by contacting us using the contact information below or
through your account settings (if applicable). We will attempt to delete any
information stored on our servers that was obtained through such Third-Party
Account, except the username and profile picture that become associated with
your account.
11. SUBMISSIONS
You acknowledge and agree that any
questions, comments, suggestions, ideas, feedback, or other information
regarding the Site ("Submissions") provided by you to us are
non-confidential and shall become our sole property. We shall own exclusive
rights, including all intellectual property rights, and shall be entitled to
the unrestricted use and dissemination of these Submissions for any lawful
purpose, commercial or otherwise, without acknowledgment or compensation to
you. You hereby waive all moral rights to any such Submissions, and you hereby
warrant that any such Submissions are original with you or that you have the
right to submit such Submissions. You agree there shall be no recourse against
us for any alleged or actual infringement or misappropriation of any
proprietary right in your Submissions.
12. THIRD-PARTY
WEBSITE AND CONTENT
The Site may contain (or you may be
sent via the Site) links to other websites ("Third-Party Websites")
as well as articles, photographs, text, graphics, pictures, designs, music,
sound, video, information, applications, software, and other content or items
belonging to or originating from third parties ("Third-Party
Content"). Such Third-Party Websites and Third-Party Content are not
investigated, monitored, or checked for accuracy, appropriateness, or
completeness by us, and we are not responsible for any Third-Party Websites
accessed through the Site or any Third-Party Content posted on, available
through, or installed from the Site, including the content, accuracy,
offensiveness, opinions, reliability, privacy practices, or other policies of
or contained in the Third-Party Websites or the Third-Party Content. Inclusion
of, linking to, or permitting the use or installation of any Third-Party
Websites or any Third-Party Content does not imply approval or endorsement
thereof by us. If you decide to leave the Site and access the Third-Party
Websites or to use or install any Third-Party Content, you do so at your own
risk, and you should be aware these Terms of Use no longer govern. You should
review the applicable terms and policies, including privacy and data gathering
practices, of any website to which you navigate from the Site or relating to
any applications you use or install from the Site. Any purchases you make
through Third-Party Websites will be through other websites and from other
companies, and we take no responsibility whatsoever in relation to such
purchases which are exclusively between you and the applicable third party. You
agree and acknowledge that we do not endorse the products or services offered
on Third-Party Websites and you shall hold us harmless from any harm caused by
your purchase of such products or services. Additionally, you shall hold us
harmless from any losses sustained by you or harm caused to you relating to or
resulting in any way from any Third-Party Content or any contact with
Third-Party Websites.
13. ADVERTISERS
We allow advertisers to display their
advertisements and other information in certain areas of the Site, such as
sidebar advertisements or banner advertisements. If you are an advertiser, you
shall take full responsibility for any advertisements you place on the Site and
any services provided on the Site or products sold through those
advertisements. Further, as an advertiser, you warrant and represent that you
possess all rights and authority to place advertisements on the Site,
including, but not limited to, intellectual property rights, publicity rights,
and contractual rights. We simply provide the space to place such
advertisements, and we have no other relationship with advertisers.
14. SITE MANAGEMENT
We reserve the right, but not the
obligation, to: (1) monitor the Site for violations of these Terms of Use; (2)
take appropriate legal action against anyone who, in our sole discretion,
violates the law or these Terms of Use, including without limitation, reporting
such user to law enforcement authorities; (3) in our sole discretion and
without limitation, refuse, restrict access to, limit the availability of, or
disable (to the extent technologically feasible) any of your Contributions or
any portion thereof; (4) in our sole discretion and without limitation, notice,
or liability, to remove from the Site or otherwise disable all files and
content that are excessive in size or are in any way burdensome to our systems;
and (5) otherwise manage the Site in a manner designed to protect our rights
and property and to facilitate the proper functioning of the Site.
15. PRIVACY POLICY
We care about data privacy and
security. Please review our Privacy Policy: https://www.tnpscexperts.in/p/privocy-policy.html. By
using the Site, you agree to be bound by our Privacy Policy, which is
incorporated into these Terms of Use. Please be advised the Site is hosted
in India. If you access the Site from any other region of the world with
laws or other requirements governing personal data collection, use, or
disclosure that differ from applicable laws in India, then through your
continued use of the Site, you are transferring your data to India, and
you agree to have your data transferred to and processed in India.
16. COPYRIGHT INFRINGEMENTS
We respect the
intellectual property rights of others. If you believe that any material
available on or through the Site infringes upon any copyright you own or
control, please immediately notify us using the contact information provided
below (a “Notification”). A copy of your Notification will be sent to the
person who posted or stored the material addressed in the Notification. Please
be advised that pursuant to applicable law you may be held liable for damages
if you make material misrepresentations in a Notification. Thus, if you are not
sure that material located on or linked to by the Site infringes your
copyright, you should consider first contacting an attorney.
17. TERM AND TERMINATION
These Terms of Use
shall remain in full force and effect while you use the Site. WITHOUT LIMITING
ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR
NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW
OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR
DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT
ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your
account for any reason, you are prohibited from registering and creating a new
account under your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party. In addition to
terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
18. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify,
or remove the contents of the Site at any time or for any reason at our sole
discretion without notice. However, we have no obligation to update any
information on our Site. We also reserve the right to modify or discontinue all
or part of the Site without notice at any time. We will not be liable to you or
any third party for any modification, price change, suspension, or
discontinuance of the Site.
We cannot guarantee the Site will be
available at all times. We may experience hardware, software, or other problems
or need to perform maintenance related to the Site, resulting in interruptions,
delays, or errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Site at any time or for any reason without
notice to you. You agree that we have no liability whatsoever for any loss,
damage, or inconvenience caused by your inability to access or use the Site
during any downtime or discontinuance of the Site. Nothing in these Terms of
Use will be construed to obligate us to maintain and support the Site or to
supply any corrections, updates, or releases in connection therewith.
19. GOVERNING LAW
These Terms shall be governed by and
defined following the laws of India. TNPSC Experts and
yourself irrevocably consent that the courts of India shall have exclusive
jurisdiction to resolve any dispute which may arise in connection with these
terms.
20. DISPUTE RESOLUTION
You agree to irrevocably submit all
disputes related to Terms or the relationship established by this Agreement to
the jurisdiction of the India courts. TNPSC
Experts shall also maintain the right to bring proceedings as to the
substance of the matter in the courts of the country where you reside or, if
these Terms are entered into in the course of your trade or profession, the
state of your principal place of business.
21. CORRECTIONS
There may be information on the Site
that contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information. We reserve
the right to correct any errors, inaccuracies, or omissions and to change or
update the information on the Site at any time, without prior notice.
22. DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND
AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL
BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE
MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES
OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY
THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO
NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
23. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS,
EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING
FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO
US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT
APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
24. INDEMNIFICATION
You agree to defend, indemnify, and
hold us harmless, including our subsidiaries, affiliates, and all of our respective
officers, agents, partners, and employees, from and against any loss, damage,
liability, claim, or demand, including reasonable attorneys’ fees and expenses,
made by any third party due to or arising out of: (1) your
Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4)
any breach of your representations and warranties set forth in these Terms of
Use; (5) your violation of the rights of a third party, including but not
limited to intellectual property rights; or (6) any overt harmful act toward
any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume
the exclusive defense and control of any matter for which you are required to
indemnify us, and you agree to cooperate, at your expense, with our defense of
such claims. We will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification upon becoming
aware of it.
25. USER DATA
We will maintain certain data that
you transmit to the Site for the purpose of managing the performance of the
Site, as well as data relating to your use of the Site. Although we perform
regular routine backups of data, you are solely responsible for all data that you
transmit or that relates to any activity you have undertaken using the Site.
You agree that we shall have no liability to you for any loss or corruption of
any such data, and you hereby waive any right of action against us arising from
any such loss or corruption of such data.
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails,
and completing online forms constitute electronic communications. You consent
to receive electronic communications, and you agree that all agreements,
notices, disclosures, and other communications we provide to you
electronically, via email and on the Site, satisfy any legal requirement that
such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR
VIA THE SITE. You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which require
an original signature or delivery or retention of non-electronic records, or to
payments or the granting of credits by any means other than electronic means.
27. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not
satisfactorily resolved, you can contact the Complaint Assistance Unit of the
Division of Consumer Services of the California Department of Consumer Affairs
in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834
or by telephone at (800) 952-5210 or (916) 445-1254.
28. MISCELLANEOUS
These Terms of Use and any policies
or operating rules posted by us on the Site or in respect to the Site
constitute the entire agreement and understanding between you and us. Our
failure to exercise or enforce any right or provision of these Terms of Use shall
not operate as a waiver of such right or provision. These Terms of Use operate
to the fullest extent permissible by law. We may assign any or all of our
rights and obligations to others at any time. We shall not be responsible or
liable for any loss, damage, delay, or failure to act caused by any cause
beyond our reasonable control. If any provision or part of a provision of these
Terms of Use is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these Terms of Use
and does not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment or agency
relationship created between you and us as a result of these Terms of Use or
use of the Site. You agree that these Terms of Use will not be construed
against us by virtue of having drafted them. You hereby waive any and all
defenses you may have based on the electronic form of these Terms of Use and
the lack of signing by the parties hereto to execute these Terms of Use.
29. CONTACT US
In order to resolve a complaint
regarding the Site or to receive further information regarding use of the Site,
please contact us at:tnpscexperts@gmail.com
