1. ACCEPTANCE OF TERMS
By entering the Site and / or any page accessible on the Site or dealing with Eprimacy in any way through the Site, you accept, without limitation or qualification, to be bound by the terms of this TOU. This TOU sets forth the terms and conditions under which you use the Site and under which Eprimacy agrees to the use of the Site.
You agree to abide by any applicable posted guidelines for all Eprimacy services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with Eprimacy in any way, your only recourse is to immediately discontinue use of Eprimacy.
If you do not wish to be bound by the terms, you should not access or use the website.
2. THIRD PARTY CONTENT, SITES, AND SERVICES
The Eprimacy site may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Eprimacy. Eprimacy makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk.
You agree that Eprimacy shall not be responsible or liable for any loss or damage of any sort incurred as the result of any usage of the Site and you hereby release Eprimacy, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
Eprimacy’s responsibilities are limited as below:
- The User agrees that Eprimacy cannot and does not guarantee or warrant that files through the Site will be free of viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties.
- The User agrees that use of the Site and the Internet, without limitation, is solely at his own risk and is subject to all applicable local, state, national and international laws and regulations.
- The User agree that the Internet is not a secure network and that third parties may be able to intercept, access, use or corrupt the information the User transmit over the Internet. Eprimacy is not responsible for invalid destinations, transmission errors, or corruption, interception or security of user data. The User further understands and agrees that Eprimacy has no control over third party networks or sites that the User may access in the course of use of the Site, and that delays and disruptions of other network transmissions are completely beyond the control of Eprimacy.
- The Site is intended solely for private and personal use on the user’s computer. Any other use or any attempt to use the Site in any way that violates any law, rule or regulation for the time being in force, or for any other commercial or other purposes is strictly prohibited and the User understands and agrees that Eprimacy shall not be responsible for the same. The Site is not intended to be available to places or for purposes in which its use is illegal or otherwise prohibited.
- The User acknowledges that Eprimacy shall be the final decision maker of whether the User have violated the TOU.
4. RIGHT TO CHANGE, MODIFY OR TERMINATE SITE
Without prejudice to any other rights that it may have, Eprimacy reserves the right and sole discretion to change, limit, terminate, modify or alter at any time, temporarily or permanently cease to provide the Site or any part thereof to any user or group of users, without prior notice and for any reason or no reason. The User will be deemed to have accepted any modifications.
5. INTELLECTUAL PROPERTY RIGHTS
The Site is protected to the maximum extent permitted by copyright laws and international treaties. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Eprimacy.
All title and intellectual property rights (including without limitation, copyrights, patents, trademarks and trade secrets) in and to the Site (including but not limited to, related software and including but not limited to any images, graphic, photographs, animations, video, audio, music, text and “applets,” incorporated into the software, and any copies of the software), are owned by Eprimacy or suppliers..
6. DISCLAIMER OFWARRANTIES
EPRIMACY PROVIDES THE SITE ON AN “AS IS,” AND AS AVAILABLE, BASIS, WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, LACK OF VIRUSES OR OTHER DISABLING CODE OR CONDITION OR THOSE WARRANTIES WHICH MAY ARISE BY COURSE OF DEALING, OR COURSE OF TRADE. ANY MATERIAL DOWNLOADED OR OTHERWISE THROUGH THE USE OF EPRIMACY IS DONE AT THE USER’S OWN DISCRETION AND RISK AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER’S COMPUTER SYSTEM AND LOSE OF DATA THAT RESULT FROM THE ABOVE.
EPRIMACY DOES NOT WARRANT THE SECURITY OF THE SITE OR, INFORMATION, SOFTWARE, CONTENT, AND FEATURES AVAILABLE, OR THAT IT WILL BE UNINTERRUPTED, ERROR-FREE, PROVIDED PROPERLY OR COMPLETELY, OR BE AVAILABLE 24 HOURS PER DAY, 7 DAYS PER WEEK.
7. LIMITATION OF LIABILITY
IN NO EVENT WILL EPRIMACY BE LIABLE TO ANY PARTY FOR (I) ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) OR ANY OTHER DAMAGES ARISING IN ANY WAY FROM OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, PERFORMANCE OF THE SITE, PROVISION OF OR FAILURE TO PROVIDE THE SITE, LOSS OF DATA, THE USER ACCESS OR INABILITY TO ACCESS OR USE THE SITE OR THE USE AND RELIANCE ON LINKS, INFORMATION OR CONTENT AVAILABLE ON OR THROUGH THE SITE, INCLUDING VIRUSES ALLEGED TO HAVE BEEN OBTAINED, OR INVASION OF PRIVACY FROM OR THROUGH THE SITE, EVEN IF EPRIMACY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE; OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER DYSFUNCTION IN, OR DESTRUCTIVE PROPERTIES OF, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, EPRIMACY ‘S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
The User agrees to defend, indemnify and hold harmless Eprimacy and its founder, employees, agents and suppliers from and against all liabilities, costs and expenses, including reasonable attorney’s fees, related to or arising from: (a) any violation of this TOU by the User (or any parties who use his computer, with or without his permission, to access the Site); (b) the use of the Site or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by the User (or any parties who use the User’s computer to access the Site, with or without his permission); (c) negligent acts, errors, or omissions by the User (or any parties who use his computer to access the Site, with or without his permission); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this TOU, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for infringement of any intellectual property rights arising from the use of the Site or the Internet.
9. DATA MANAGEMENT
The User is solely responsible for obtaining, installing, and maintaining suitable equipment and software, including any necessary system or software upgrades, patches or other fixes, which are or may become necessary to access the Site.
The User is responsible for management of his information, including but not limited to back-up and restoration of data, erasing data from disk space the User control and changing data on his router. The User is also responsible for development and maintenance of any security procedures the User deems appropriate, such as logon security and encryption of data, user ID and password on his router and firewalls, to protect his or her information.
Eprimacy is not responsible for back-up and restoration of user information or for any loss of or disablement of access to such information, including without limitation, email and address book information. In addition, the User agrees that information required by the Site software (including any personalization information) and other identifying information requested by Eprimacy may be placed in the Site’s user directory.
10. MISCELLANEOUS PROVISIONS
If any part of this document is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
The terms of this TOU apply only to the use of the Site.
The User and Eprimacy agree that the substantive laws of the Republic of India, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this TOU. The User and Eprimacy consent to the exclusive personal jurisdiction of and venue in a court located in Chennai, for any suits or causes of action connected in any way, directly or indirectly, to the subject matter of this TOU or to the Site