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TERMS OF USE AGREEMENT AND DISCLAIMER
Thank you for visiting MasalasForLess. By using our site, you are agreeing to
comply with
and be bound by the following terms of use. Please review the following terms
carefully. If you do not agree to these terms, you should not use this site.
The term “MasalasForLess” or “us” or “we” or “our” refers to MasalasForLess or Masalas 'N More,
Inc., the owner of the Web site. The term “you” refers to the user or viewer
of our Web Site.
Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use Agreement
("Agreement") with respect to our website (the "Site"). This Agreement
constitutes the entire and only agreement between us and you, and supersedes all
prior or contemporaneous agreements, representations, warranties and
understandings with respect to the Site, the content, products or services
provided by or through the Site, and the subject matter of this Agreement.
This Agreement may be amended at any time by us from time to time without
specific notice to you. The latest Agreement will be posted on the Site, and you
should review this Agreement prior to using the Site.
If you have any questions about this Agreement or the Site please email us at
MasalasForLess@MasalasNMore.com.
Copyright.
The content, organization, graphics, images, pictures, design,
compilation, magnetic translation, digital conversion and other matters related to the
Site are protected under applicable copyrights, trademarks and other
proprietary (including but not limited to intellectual property) rights. The copying,
redistribution, use or publication by you of any such matters or any part of
the Site, without prior permission from us, is strictly prohibited. You do
not acquire ownership rights to any content, document or other materials
viewed or downloaded through the Site. The posting of information or materials on the Site does
not constitute a waiver of any right in such information and materials. Some
of the content on the site is the copyrighted work of third parties.
Service Marks.
"MasalasForLess", MasalasNMore.com and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners.
Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a)
to access and use the Site strictly in accordance with this Agreement; (b) to
use the Site solely for internal, personal, non-commercial purposes; and (c)
to print out discrete information from the Site solely for internal,
personal, non-commercial purposes and provided that you maintain all copyright and
other policies contained therein. No print out or electronic version of any
part of the Site or its contents may be used by you in any litigation or
arbitration matter whatsoever under any circumstances.
Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information,
materials or documents (collectively defined as “Content and Materials”) therein are
subject to the following restrictions and prohibitions on use: You may not
(a) copy, print, republish, display, distribute, transmit, sell, rent, lease,
loan or otherwise make available in any form or by any means all or any
portion of the Site or any Content and Materials retrieved therefrom; (b) use the
Site or any materials obtained from the Site to develop, of as a component of,
any information, storage and retrieval system, database, information base,
or similar resource (in any media now existing or hereafter developed), that
is offered for commercial distribution of any kind, including through sale,
license, lease, rental, subscription, or any other commercial distribution
mechanism.
Our Satisfaction Guarantee.
We strive for a 100% customer satisfaction. If for any reason, in or beyond
our control, you are dissatisfied with our products or services, please
contact us and we will make every reasonable effort to make it right.
Price Accuracy.
We strive to provide you with the best possible price. While very rare, it
may happen that a product may be inadvertently priced incorrectly by us. We
reserve the right to withhold delivery of an order containing such product(s)
till we communicate with you and resolve the matter. At this time, you may
choose to agree to pay the correct price or drop that product from the order.
However, you agree that we will not be liable for any losses or incovenience to
you resulting from such an occurance.
Product Availability.
We strive to list all available products accurately. However, it may happen
that a product that you have paid for becomes unavailable prior to filling
your order. This may happen due to a delay in receiving products becuase of
inclement weather, product spoilage, inaccurate inventory data, etc. We reserve
the right to withhold delivery of an order containing such product(s) till we
communicate with you and resolve the matter. At this time, you may choose to
agree to drop that product from the order or substitue with a similar product
from. However, you agree that we will not be liable for any losses or
incovenience to you resulting from such an occurance.
Delivery, Shipping and Returns
The policies contained in the Shipping and Returns section of this site is
hereforth part of this agreement by reference. We will strive to fill your
orders as outlined in our Shipping And Returns policies. However, often there may
be circumstances beyond our control (inclement whether, delay in receiving
products, product spoilage, etc.) that may prevent or delay delivery. You
agree that in such cases our liability will be limited to refunding you the total
costs of the products and any applicable shipping and delivery charges that
you had paid. In no case shall we be liable for any losses or inconvenience
that you suffered as a result of a delayed delivery.
Product Transit and Storage
During order assembley and delivery we will maintain required temperatures to
ensure product freshness. To maintain the quality of products after
delivery, you agree to immediately refrigerate perishable items like vegetables,
dairy products, fresh breads, etc. and freeze all frozen items like vegetables,
ice cream, frozen breads, frozen dinners, etc.
Order Delivery
We will deliver your order only at the address you provides us. Someone, you
or your representative will need to be present for delivery at that address.
We will not deliver to another address if you are unable to receive the
delivery. Additional charges as outlined in the Shipping and Returns section will
apply when you reschedule delivery.
To ensure that we meet our delivery commitments to all our customres and
prevent product spoilage, we will not wait for you in case you or your
representative is not at the delivery address during the delivery window when we call. Additional charges as outlined in the Shipping and Returns section will apply
when you reschedule delivery.
Please check against our delivery invoice that all products are present when
you take delivery. Inform the delivery person in case of any missing or
spoilt items.
Use of Paypal
You agree to pay us through Paypal. Funds from your Paypal, bank or credit
card accounts are sent to us after you authorize Paypal to remit funds to us.
We do not keep or collect any financial information that you provide to
Paypal. All refunds will be channeled through your Paypal account unless other
arrangements are made with us.
Accessing our Site
Access and Availability:
You will make avaialble all equipment and services and be responsible for all
telephone, cable, internet access and/or other charges necessary to access
the Site.
You acknowledge that from time to time the Site may be inaccessible or
inoperable for any reason, including, without limitation: (i) equipment
malfunctions; (ii) periodic maintenance procedures or repairs which we may undertake
from time to time; or (iii) causes beyond the our control. You agree not to hold
us liable for any losses or damages to you resulting from above situation.
User Name and Password
The use of our Site requires you to enter a user name and a password during
the account set-up process. You are solely responsible for any authorized or
unauthorized access to your account by any person. You agree to bear all
responsibility for the confidentiality of your password and all use or charges
incurred from use of our Service with your password. You agree to notify us
promptly of any unauthorized use of your password and you will remain liable for
any use of our Service until you notify us of the unauthorized use of your
password.
Your Account
You are responsible for, and agree to pay promptly, all charges to your
account, including applicable taxes and purchases by you or anyone you allow to
use your account and password to access our Site. You agree and accept
responsibility for keeping all your account information current, including address,
payment information, telephone number, and e-mail address. You agree that you
will not provide fraudulent information and that you are solely responsible
for any information you provide to us, and accept responsibility for all
activities that occur under your account or password and for restricting access to
your computer. You will comply with all laws applicable to your activities
on the Site and with this Agreement.
Privacy Policy
The policies contained in the Privacy Notice section of this site is hereforth
part of this agreement by reference. Please review our Privacy Policy.
Acceptable Use Policy
You are solely responsible for any and all acts and omissions that occur
under your account or password, and you agree not to engage in unacceptable use
of our Site, which includes, without limitation, use of the site to:
(a) disseminate or transmit unsolicited messages, chain letters, or unsolicited
commercial e-mail;
(b) disseminate or transmit material that, to a reasonable person, may be
abusive, obscene, pornographic, defamatory, harassing, grossly offensive,
vulgar, threatening, or malicious;
(c) disseminate or transmit files, graphics, software, or other material that
actually or potentially infringes the copyright, trademark, patent, trade
secret, or other intellectual property right of any person;
(d) create a false identity or otherwise attempt to mislead any person as to the
identity or origin of any communication;
(e) export, re-export, or permit downloading of any message or content in
violation of any export or import law, regulation, or restriction of the United
States and its agencies and authorities, or without all required approvals,
licenses, or exemptions;
(f) interfere with, disrupt, or attempt to gain unauthorized access to other
accounts on the MasalasForLess Service or any other computer network;
(g) disseminate or transmit viruses, Trojan horses, or any other malicious code
or program; or
(h) engage in any other activity deemed by MasalasForLess to be in conflict with
the spirit or intent of this Agreement.
Warranty Disclaimer; Limitation of Liability; Indemnification
YOU EXPRESSLY AGREE THAT USE OF THE SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE SITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SERVICE, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR
IN CONNECTION WITH OUR SERVICE; WE DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. WE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE SITE. WE DO NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER MASALASFORLESS NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, "MASALASFORLESS PARTIES") SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, OR THE INTERNET. MASALASFORLESS'S LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE AND TO TERMINATE THIS AGREEMENT. MASALASFORLESS RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF
IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
The material in the Site is provided for lawful purposes only. MasalasForLess controls and operates this Site from its office in Naperville, IL, USA,
and makes no representation that these materials are appropriate or
available for use in other locations. If you use the Site from other locations, you
are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice.
You agree to defend, indemnify, and hold MasalasForLess Parties harmless
from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney's fees and
costs, arising in connection with a violation of this Agreement by you or
through use of your account.
Miscellaneous
Termination:
This Agreement is effective upon your acceptance as set forth herein and
shall continue in full force and effect until terminated. MasalasForLess may
suspend or terminate this Agreement or the Site or remove or disable access to any portion of the Site at any time for any reason with or without notice to you. You may terminate this Agreement or your account at any time for any reason by delivering notice in the manner provided below, which termination will be effective the day notice is received or such later date specified in the notice. MasalasForLess reserves the right to collect fees and charges incurred before you cancel your account. In addition, you are responsible for any charges
incurred to third-party vendors or content providers prior to your cancellation.
Entire Agreement:
This Agreement and the Privacy Policy referred to herein represent your
entire agreement with MasalasForLess regarding the use of this site. You agree
that this Agreement is not intended to confer and does not confer any rights or
remedies upon any person other than you, MasalasForLess, and MasalasForLess
Parties. If any portion of this Agreement is held invalid or unenforceable,
that portion shall be construed in accordance with applicable law as nearly as
possible to reflect the original intention of the parties, and the remainder
of this Agreement shall remain in full force and effect. The failure of
either party to insist upon strict performance of any provision of this Agreement
shall not be construed as a waiver of any provision or right. This Agreement
shall be governed by the laws of the State of Illinois without regard to
its conflict of laws rules. You expressly agree that exclusive jurisdiction for
any claim or dispute with MasalasForLess or relating in any way to your use
of the MasalasForLess Service or the MasalasForLess Site resides in the
federal and state courts of New Jersey and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in the State of Illinois in connection with any such dispute, including any claim involving MasalasForLess Parties. Any cause of action by you must be instituted
within one year after the claim or cause of action has arisen, or be barred.
Third-Party Beneficiaries:
The provisions of this Agreement are for the benefit of MasalasForLess
Parties, and each shall have the right to assert and enforce the provisions
directly on their own behalf. This Agreement and all obligations and restrictions
placed upon you or your permitted users by this Agreement shall survive
termination of this Agreement and your MasalasForLess Service.
Amendment:
MasalasForLess may amend this Agreement at any time by posting the amended
terms on our Site. All amended terms shall automatically be effective when posted on the Site. By using this Site after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Agreement to which you are bound.
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