TERMS OF SERVICE
Last
updated
September 01, 2024
AGREEMENT TO OUR
LEGAL TERMS
We are
PrepGuru.AI
(
"Company," "we," "us,"
"our")
, a company registered in
India
at B-1850,
Vasant Kunj
, New Delhi
, Delhi
110070
.
We operate the
website
http://www.prepguru.ai
(the "Site")
, as well as any other related products and
services that refer or link to these legal terms (the
"Legal Terms")
(collectively, the "Services").
AI based test prep platform
You can contact us by
phone at 09741737096, email at
contact@prepguru.ai
,
or by mail to B-1850, Vasant Kunj
, New Delhi
, Delhi
110070
,
India
.
These Legal Terms constitute a legally binding agreement
made between you, whether personally or on behalf of an entity ("you"), and
PrepGuru.AI, concerning your access to and use of the Services.
You agree that by accessing the Services, you have read, understood, and agreed
to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE
LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU
MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may
be posted on the Services 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 Legal Terms
from time to time. We will alert you about
any changes by updating the "Last updated"
date of these Legal Terms, and
you waive any right to receive specific notice of each such change. It is your
responsibility to periodically review these Legal Terms to stay informed of
updates. You will be subject to, and will be deemed to have been made aware of
and to have accepted, the changes in any revised Legal Terms by your continued
use of the Services after the date such revised Legal Terms are posted.
The
Services are intended for users who are at least 18
years old. Persons under the age
of 18 are not permitted to use or register for the
Services.
We recommend that
you print a copy of these Legal Terms for your records.
TABLE OF
CONTENTS
1. OUR SERVICES
The information provided when using the Services 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
Services 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 Services are 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 the Services.
You may not use the Services in a way that would violate the Gramm-Leach-Bliley
Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our
intellectual property
We are the owner or the licensee of all intellectual
property rights in our Services, including all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and
graphics in the Services (collectively, the
"Content"), as well as the
trademarks, service marks, and logos contained therein (the "Marks"
).
Our Content and Marks are protected by copyright and
trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in
the United
States and around the world.
The Content and Marks are provided in or through the
Services "AS IS" for your
personal, non-commercial use only.
Your use
of our Services
Subject to your compliance with these Legal Terms,
including the "PROHIBITED
ACTIVITIES
"
section below, we grant you a non-exclusive, non-transferable, revocable
license
to:
- access the Services; and
- 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.
Except as set out in this section or elsewhere in our
Legal Terms, no part of the Services 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.
If you wish to make any use of the Services, Content, or
Marks other than as set out in this section or elsewhere in our Legal Terms,
please address your request to: contact@prepguru.ai.
If we ever grant you the permission to post, reproduce, or publicly display any
part of our Services or Content, you must identify us as the owners or licensors
of the Services, Content, or Marks and ensure that any copyright or proprietary
notice appears or is visible on posting, reproducing, or displaying our
Content.
We reserve all rights not expressly granted to you in
and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will
constitute a material breach of our Legal Terms and your right to use our
Services will terminate immediately.
Your submissions
and contributions
Please review this section and the "
PROHIBITED ACTIVITIES
"
section carefully prior to using our Services to understand the (a)
rights you give us and (b) obligations you have when you post or upload any
content through the Services.
Submissions: By directly sending us
any question, comment, suggestion, idea, feedback, or other information about
the Services ("Submissions"), you agree to assign to us
all intellectual property rights in such Submission. You agree that we shall own
this Submission and be entitled to its unrestricted use and dissemination for
any lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you.
Contributions: The Services may invite
you to chat, contribute to, or participate in blogs, message boards, online
forums, and other functionality during which you may create, submit, post,
display, transmit, publish, distribute, or broadcast content and materials to us
or through the Services, including but not limited to text, writings, video,
audio, photographs, music, graphics, comments, reviews, rating suggestions,
personal information, or other material (
"Contributions"). Any Submission
that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by
other users of the Services.
When you post Contributions, you grant us a
license (including use of your
name, trademarks, and logos):
By posting any Contributions, you
grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right, and license
to: use, copy, reproduce,
distribute, sell, resell, publish, broadcast, retitle, store, publicly perform,
publicly display, reformat, translate, excerpt (in whole or in part), and
exploit your Contributions (including, without limitation, your image, name, and
voice) for any purpose, commercial, advertising, or otherwise, to prepare
derivative works of, or incorporate into other works, your Contributions, and to
sublicense the licenses granted in this section. Our
use and distribution may occur in any media formats and through any media
channels.
This license 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 are responsible for what you post or
upload: By sending us Submissions
and/or posting Contributions
through any part of the Services or
making Contributions accessible through the Services by linking your account
through the Services to any of your social networking accounts, you:
- confirm that you have read and agree with our
"
PROHIBITED
ACTIVITIES
"
and will not post,
send, publish, upload, or transmit through the Services any Submission
nor post any Contribution that is illegal,
harassing, hateful, harmful, defamatory, obscene, bullying, abusive,
discriminatory, threatening to any person or group, sexually explicit,
false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law,
waive any and all moral rights to any such Submission and/or Contribution;
- warrant that any such Submission and/or Contributions are original to you or
that you have the necessary rights and
licenses to submit
such Submissions and/or Contributions
and that you have full
authority to grant us the above-mentioned rights in relation to your
Submissions and/or Contributions; and
- warrant and represent that your Submissions and/or Contributions do not constitute
confidential information.
You are solely
responsible for your Submissions and/or Contributions
and you expressly agree to reimburse us
for any and all losses that we may suffer because of your breach of (a) this section,
(b) any third party’s intellectual property rights, or (c) applicable law.
We may
remove or edit your Content: Although we have no obligation to monitor
any Contributions, we shall have the right to remove or edit any Contributions at any
time without notice if in our reasonable opinion we consider such Contributions harmful
or in breach of these Legal Terms. If we remove or edit any such Contributions, we may
also suspend or disable your account and report you to the authorities.
Copyright
infringement
We respect the
intellectual property rights of others. If you believe that any material available on or
through the Services infringes upon any copyright you own or control, please immediately
refer to the
"
COPYRIGHT INFRINGEMENTS
"
section below.
By using the Services, 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 Legal Terms;
(4) you are not a
minor in the jurisdiction in which you reside
; (5) you will not access
the Services through automated or non-human means, whether through a
bot, script or
otherwise; (6) you will not use the
Services for any illegal or
unauthorized purpose; and
(7) your use of the
Services 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 Services (or any portion thereof).
You
may be required to register to use the Services.
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.
All purchases are non-refundable.
We accept the following forms of payment:
- PayPal
You agree to provide current, complete, and accurate
purchase and account information for all purchases made via the Services. You
further agree to promptly update account and payment information, including
email address, payment method, and payment card expiration date, so that we can
complete your transactions and contact you as needed. Sales tax will be added to
the price of purchases as deemed required by us. We may change prices at any
time. All payments shall be in
US dollars.
You agree to pay all charges at the prices then in
effect for your purchases and any applicable shipping fees, and you authorize
us to charge your chosen
payment provider for any such amounts upon placing your order. We reserve the
right to correct any errors or mistakes in pricing, even if we have already
requested or received payment.
We reserve the right to refuse any order placed through
the Services. We may, in our sole discretion, limit or cancel quantities
purchased per person, per household, or per order. These restrictions may
include orders placed by or under the same customer account, the same payment
method, and/or orders that use the same billing or shipping address. We reserve
the right to limit or prohibit orders that, in our sole
judgment, appear to be placed by
dealers, resellers, or distributors.
You
may not access or use the Services for any purpose other than that for
which we make the Services available. The Services 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 Services, you agree not to:
- Systematically
retrieve data or other content from the
Services 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
Services,
including
features that
prevent or
restrict the use
or copying of
any Content or
enforce
limitations on
the use of the
Services and/or
the Content
contained
therein.
- Disparage,
tarnish, or
otherwise harm,
in our opinion,
us and/or the
Services.
- Use
any information
obtained from
the Services 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 Services in
a manner
inconsistent
with any
applicable laws
or
regulations.
- Engage
in
unauthorized
framing
of or linking to
the
Services.
- 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
Services or
modifies,
impairs,
disrupts,
alters, or
interferes with
the use,
features,
functions,
operation, or
maintenance of
the
Services.
- 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 Services or
the networks or
services
connected to the
Services.
- Harass,
annoy,
intimidate, or
threaten any of
our employees or
agents engaged
in providing any
portion of the
Services to
you.
- Attempt
to bypass any
measures of the
Services
designed to
prevent or
restrict access
to the Services,
or any portion
of the
Services.
- Copy
or adapt the
Services'
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
Services.
- 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 Services, or
use or launch
any
unauthorized
script or
other
software.
- Use
a buying agent
or purchasing
agent to make
purchases on the
Services.
- Make
any
unauthorized
use of
the Services,
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 Services as
part of any
effort to
compete with us
or otherwise use
the Services
and/or the
Content for any
revenue-generating
endeavor
or
commercial
enterprise.
-
Use the Services to
advertise or offer to sell goods and
services.
-
Sell or otherwise transfer
your profile.
7. USER
GENERATED
CONTRIBUTIONS
The Services 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
Services, 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
Services 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 Services, and other users
of the Services to use your
Contributions in any manner contemplated
by the Services and these Legal
Terms.
- 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
Services and these Legal
Terms.
- 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 Legal Terms, or any
applicable law or
regulation.
Any
use of the Services in violation of the
foregoing violates these Legal Terms and may
result in, among other things, termination or
suspension of your rights to use the
Services.
By
posting your Contributions to any part of the
Services
, 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 Services. You are solely responsible for
your Contributions to the Services 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 Services; 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.
9. GUIDELINES
FOR REVIEWS
We may
provide you areas on the Services 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
hateful 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 review.
10. SERVICES
MANAGEMENT
We reserve the right, but
not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take
appropriate legal action against anyone who, in our sole discretion, violates the law or these
Legal Terms, 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 Services 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 Services in a
manner designed to protect our rights and property and to facilitate the proper functioning of
the Services.
11. PRIVACY
POLICY
We care about
data privacy and security. By using the Services, you agree to be bound by our Privacy
Policy posted on the Services, which is incorporated into these Legal Terms. Please be
advised the Services are hosted in
Singapore
and India
. If you access the Services 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
Singapore
and India
, then through your continued use of the
Services, you are transferring your data to
Singapore
and India
, and you expressly consent to have your
data transferred to and processed in
Singapore
and India
.
12. COPYRIGHT
INFRINGEMENTS
We respect the
intellectual property rights of others. If you believe that any material available on or
through the Services 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 Services infringes your
copyright, you should consider first contacting an attorney.
13. TERM
AND TERMINATION
These Legal
Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING
ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES
(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 LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES 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.
14. MODIFICATIONS
AND INTERRUPTIONS
We reserve the
right to change, modify, or remove the contents of the Services at any time or for any
reason at our sole discretion without notice. However, we have no obligation to update
any information on our Services. We will not be
liable to you or any third party for any modification, price change, suspension, or
discontinuance of the Services.
We cannot
guarantee the Services will be available at all times. We may experience hardware,
software, or other problems or need to perform maintenance related to the Services,
resulting in interruptions, delays, or errors. We reserve the right to change, revise,
update, suspend, discontinue, or otherwise modify the Services 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 Services
during any downtime or discontinuance of the Services. Nothing in these Legal Terms will
be construed to obligate us to maintain and support the Services or to supply any
corrections, updates, or releases in connection therewith.
15. GOVERNING
LAW
These Legal
Terms shall be governed by and defined following the laws of
India
. PrepGuru.AI and yourself irrevocably consent that
the courts of
India
shall have exclusive jurisdiction to resolve any dispute which may arise in
connection with these Legal Terms.
16. DISPUTE
RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Legal Terms (each a
"Dispute" and collectively, the "Disputes"
) brought by either you or us (individually, a
"Party" and collectively, the "Parties"),
the Parties agree to first attempt to negotiate any Dispute (except those Disputes
expressly provided below) informally for at least thirty (30)
days before initiating arbitration. Such informal negotiations commence upon
written notice from one Party to the other Party.
Binding Arbitration
Any
dispute arising out of or in connection with these Legal Terms, including any question regarding
its existence, validity, or termination, shall be referred to and finally resolved by the
International Commercial Arbitration Court under the European Arbitration Chamber (Belgium,
Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of
referring to it, is considered as the part of this clause. The number of arbitrators shall be
three (3). The seat, or legal place, or arbitration shall be
New Delhi,
India
. The language of the proceedings shall be English. The
governing law of these Legal Terms shall be substantive law of
India
.
Restrictions
The
Parties agree that any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be joined with any
other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilize class action procedures; and (c) there is no
right or authority for any Dispute to be brought in a purported representative capacity on
behalf of the general public or any other persons.
Exceptions to Informal Negotiations and
Arbitration
The Parties agree that the following Disputes are not subject
to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes
seeking to enforce or protect, or concerning the validity of, any of the intellectual property
rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy,
invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
If this provision is found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
17. CORRECTIONS
There
may be information on the Services 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 Services at any time, without prior notice.
18.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE 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 SERVICES 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
SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE
SERVICES 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 SERVICES, (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 SERVICES, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES
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 SERVICES. WE DO NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SERVICES, 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.
19. 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 SERVICES, 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
$10.00 USD
.
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.
20. 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 Services; (3) breach of these Legal Terms; (4) any breach of your representations and
warranties set forth in these Legal Terms; (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 Services with whom you connected via the Services. 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.
21. USER
DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services.
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 Services. 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.
22. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, 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 Services, 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 SERVICES. 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.
23. 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.
24. MISCELLANEOUS
These Legal Terms and any policies or operating rules
posted by us on the Services or in respect to the Services constitute the entire
agreement and understanding between you and us. Our failure to exercise or enforce any
right or provision of these Legal Terms shall not operate as a waiver of such right or
provision. These Legal Terms 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 Legal
Terms is determined to be unlawful, void, or unenforceable, that provision or part of
the provision is deemed severable from these Legal Terms 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 Legal Terms or use of the Services. You agree that these Legal Terms 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 Legal Terms and the lack of
signing by the parties hereto to execute these Legal Terms.
25. CONTACT
US
In order to resolve a complaint regarding the Services
or to receive further information regarding use of the Services, please contact us
at:
PrepGuru.AI
B-1850, Vasant Kunj
New Delhi
, Delhi
110070
India
Phone:
09741737096
contact@prepguru.ai