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ONLINE SERVICE AGREEMENT
 
PLEASE READ THIS AGREEMENT AND THE OPERATING POLICIES CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.
 


1. Operating Policies

You agree to comply with the following operating policies, which may be amended by holisticbangalore.com from time to time:

a) You shall not upload content or send any message anonymously or under false name. you shall not permit any other person to access the Service using your name.

b) You shall not upload content or send any message which is libelous, defamatory or which discloses private or personal matters concerning any person or which otherwise violates the rights of any third party, including the rights of privacy. You shall not upload content or send any message, data, image or program which is obscene, pornographic, indecent, intolerant, abusive, offensive, vulgar, harmful, threatening, illegal or otherwise objectionable.

c) You shall not send any message, data, image or program that would violate the property or other rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other proprietary information, or trademarks or service marks used in an infringing fashion.

d) You shall not transmit any message or upload any file which contains viruses, worms, "Trojan horses" or any other contaminating or destructive features.

e) You shall not disseminate on or over the Service any information, software or other content which contains any advertising or any solicitation.

f) You shall not use the facilities and capabilities of the Service to conduct, or solicit the performance of, any illegal activity or other activity which infringes the rights of others, or is otherwise unlawful.


2. Use of the Service

A. Disclaimer of Warranty.

The products, services, information and advice offered through the Service or on the Internet generally are offered by third parties who are not employees of, trained by, or otherwise affiliated with holisticbangalore.com or its affiliates. Such persons may not have medical or dietary training or otherwise be qualified to render the advice, information or statements that they may post on the Service or the Internet. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE, THE INTERNET OR ANY INFORMATION OR ADVICE YOU MAY RECEIVE THROUGH SUCH SOURCES, INCLUDING, WITHOUT LIMITATION, THE RISK OF PERSONAL INJURY CAUSED BY FOLLOWING SUCH INFORMATION OR ADVICE. NEITHER HOLISTICBANGALORE.COM NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS MAKES ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANT-ABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE, INFORMATION, ADVICE OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY (OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATIONS UNDER LAWS APPLICABLE TO THIS AGREEMENT), AND THEY SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING, EITHER DIRECTLY OR INDIRECTLY, FROM ANY SUCH TRANSACTION OR USE OF SUCH INFORMATION OR ADVICE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. HOLISTICBANGALORE.COM DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE OR THE INFORMATION POSTED ON THE SERVICE WILL BE CORRECTED OR ACCURATE. THE SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND.
Holisticbangalore.com cannot and does not guarantee or warrant that files available for downloading through the Service will be free of infection by viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You bear the entire risk as to the quality and performance of the Service, the accuracy of any information provided through the Service, or the quality of any software published on the Service. You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Service. Holisticbangalore.com shall have the right (but not the obligation) to remove any material posted on the Service.

YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR OWN RISK. HOLISTICBANGALORE.COM HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

You also understand that any message or information you upload or transmit is posted to the Internet and is accessible to the public. Holisticbangalore.com does NOT warrant that the information is in a secured format or that persons outside the Service cannot access this information. Uploading and transmitting of personal information including, but not limited to, name, address, e-mail address, and any financial or other personal information, is strictly at the risk of the person transmitting or uploading, and holisticbangalore.com accepts no responsibility for such transmissions.

B. Limitation of Liability.

In no event will holisticbangalore.com, its affiliates or any person or entity involved in creating, producing or distributing the Service be liable:

a) for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of business profits, business interruption, personal injury, death, loss of programs or information, and the like) arising out of the use or inability to use the Service or any information or any services provided on the Service or downloaded from the Service or accessed on the Internet from the Service, even if holisticbangalore.com or its authorized representatives have been advised of the possibility of such damages, or

b) for any claim attributable to errors, omissions or other inaccuracies in the Service and/or materials, advice or information posted on the Service or downloaded through the Service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, holisticbangalore.com liability is limited to the greatest extent permitted by law.

3. Copyright and Licenses

The entire contents of the Service are copyrighted as a collective work under the United States copyright laws. The owner of the copyright in the collective work is holisticbangalore.com. You may print and download portions of material from the different areas of the Service solely for your own non-commercial use. Any other copying, or any redistribution or publication of any downloaded material is strictly prohibited without the express written consent of the copyright owner. You agree to grant to holisticbangalore.com a non-exclusive, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information you submit to public areas of the Service (such as bulletin boards) by all means and in any media now known or hereafter developed. You also grant to holisticbangalore.com the right to use your name in connection with the submitted materials and other information, as well as in all advertising, marketing and promotional material related hereto.

4. Indemnification

You agree to indemnify, defend and hold harmless holisticbangalore.com, its affiliated companies, licensors, employees, agents, and any third party information providers to the Service from and against all losses, expenses, damages and costs, including attorneys' fees, resulting from or arising out of any breach or alleged breach of this agreement or any activity (including negligent or wrongful conduct) by you or any other person accessing the Service on your behalf.

5. Third Party Rights

The provisions of this Agreement are for the benefit of holisticbangalore.com and its licensees, employees, assigns, agents and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions against you directly on its own behalf.

6. Termination

This Agreement, the license provided herein, and your right to use this Service may be terminated at any time for any reason without notice by holisticbangalore.com. The provisions of paragraphs 2 (Use of Service), 3 (Copyright and Licenses), 4 (Indemnification) and 5 (Third Party Rights) shall survive any termination of this Agreement.

7. Miscellaneous

This Agreement, the relationship between you and holisticbangalore.com resulting from this Agreement, and the resolution of any dispute arising out of that relationship shall all be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without reference to its conflicts of law rules. You agree that any legal action or proceeding between you and holisticbangalore.com for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Massachusetts.

Holisticbangalore.com failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement and any operating rules published by holisticbangalore.com constitute the entire agreement of the parties with respect to the subject matter hereof. Neither the course of conduct between the parties nor trade practice shall act to modify any provisions of this agreement. Holisticbangalore.com shall have the right to change or modify this Agreement or the terms of use of the Service, or to impose new or different conditions for such use. Such changes, modifications or additions shall be effective immediately upon notice thereof, which may be given by any means, including posting on the Service or by any other means by which the user obtains actual or constructive knowledge thereof. Your continued use of the Service following notice of such modification shall be deemed to be your acceptance of any such modification. If you do not agree to any modification of this Agreement, you must immediately stop using the Service.

 
 
   
                   
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