Terms of Service

 

Effective as of February 3, 2017.

Please read this terms of use agreement carefully. By accessing or using this website, or any other websites of DIYA SENGUPTA, LLC, in any way, including using the services and resources available or enabled via the site by us, completing the registration process, making a purchase, and/or by merely browsing the site, you represent that:

1.   You have read, understand, and agree to be bound by the agreement

2.   You are of legal age to form a binding contract with the company

3.   You have the authority to enter into the agreement

If you do not agree to be bound by the agreement, you may not access or use this site or the services.

This agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in this Agreement or will be presented to you for your acceptance when you sign up to use the supplemental Service. The Supplemental Terms shall be governed by the terms of this Agreement. If this Agreement is inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. 

It is your responsibility to review this agreement from time to time. We may revise this agreement at any time without notice, with our sole discretion at any time, and will be effective immediately upon update.  If you do not agree to these terms and conditions, please cease use of this site and its associated services.

We may require you to provide consent to the updated Agreement in a specified manner before further use of the Site or the Services is permitted. If you do not agree to any change(s), you shall stop using the Site and/or the Services. Otherwise, your continued use of the Site and/or Services constitutes your acceptance of such change(s).

 

Copyrights

The technology underlying the site and the entire contents of the site including, but not limited to text, graphics, images, audio clips, digital downloads, data compilation, or code is copyrighted as a collective work under the United States and other copyright laws. It is the property of DIYA SENGUPTA, LLC, and is protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to DIYA SENGUPTA, LLC.

© 2017. DIYA SENGUPTA, LLC. All rights reserved.

 

Trademarks

All trademarks, service marks, and trade names of DIYA SENGUPTA, LLC on the site, including the Jiva Bhaksa logo, are trademarks or registered trademarks of DIYA SENGUPTA, LLC or their respective owners.

 

Disclaimers

We do not promise, covenant, represent, warrant, or guarantee that you or any other use of this site will obtain any particular or tangible result or goal through the use o this site, or any product or service made available on or through the site. Except as otherwise specifically provided, the site and the products offered on the site are provided on an “as is” and “as available” basis without warranties of any kind, unless specifically set forth otherwise. To the fullest extent permissible under application of law, we disclaim all warranties and guarantees, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.

We do not represent or warrant that the functions contained on the site will be uninterrupted or error-free, that the defects will be corrected or that the site or the server that makes the site available are free of viruses or other harmful components.

We do not make any warranties or representations regarding the use of the materials on the site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. Applicable law may not allow limitations or exclusions on warranties so the above limitations may not apply to you.

 

Medical Advice Notice

This site does not provide medical or other licensed professional advice. Nothing stated or posted on this site or available through any services are intended to be, and must not be taken to be, the practice of medicine.

The site materials, such as text, graphics, images, and information obtained from this site are for informational purposes only.

This site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of information you have obtained through this site.

 

Limitation of Liability

You understand and agree that in no event shall we be liable for any indirect, incidental, special, exemplary, or consequential damages arising out or in connection with the site or services, including, without limitation, any damages resulting from loss of use, data, or profits, whether or not we have been advised of the possibility of such damages, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with the agreement, or from any communications, interactions, or meetings with other users of the company properties, in any theory of liability, resulting from:

1.   The use of inability to use the site or services

2.   The cost of procurement of substitute goods or services resulting form any goods, data, information, or services purchased or obtained through the site

3.   Unauthorized access to or alteration of your transmissions or data

4.   Statements or conduct of any third party on the site

5.   Any other matter related to the site, whether based on warranty, copyright, contract, tort (including negligence), product liability, or any other legal theory.

Under no circumstances will we be liable to you for more than the amount received by us as a result of your use of the site in the period during which you first assert a claim. If you have not paid the company any amounts in the period during which you first assert any such claim, company’s sole and exclusive liability shall be limited to zero dollars ($0).

 

Indemnification

You agree to indemnify, defend, and hold harmless DIYA SENGUPTA, LLC, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorney’s fees, resulting from any violation of this agreement, or any activity related to use of the site (including negligent or wrongful conduct) by you or any other person accessing the site, using your internet account, or your ability or inability to use the site and services, including any products purchased thereon.

 

Feedback

You agree that submission of any ideas, suggestions, documents, and/or proposals to us through its suggestion, feedback, wiki, forum, or similar pages (“Usage”) is at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such feedback. You represent and warrant that you have all rights necessary to submit the feedback. You hereby grant us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of this site and services.

 

Website

We grant you a limited license to access and use the site for your personal use, and to copy, distribute, and transmit the content of of this site only to the extend that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the site for your personal use.

The sale or linking of our products on or to any third party e-commerce site, marketplace, or mobile action without our specific written consent is expressly prohibited.

Further, (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the site or services; (b) you shall not frame or utilize framing techniques to enclose any of our trademarks, logos, or other intellectual property (including images, text, page layout, or form); (c) you shall not use any metatags or other “hidden text” using our name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the site except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to “scrape” or download data from any web pages contained in the site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) except as expressly stated herein, no part of the site or services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form of by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary marketing contained on or in the site. Any future release, update, or other addition to the site shall be subject to this agreement. We, our suppliers and service providers reserve all rights not granted in this agreement. Any unauthorized use of the site or services terminates the licenses granted by us pursuant to this agreement.

 

Third-Party Links and Sites

This site may link to other websites operated by third parties. We have no control over these linked sites, each of which have separate privacy and data collection practices independent of DIYA SENGUPTA, LLC’s.

We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any third party site, any website accessed from a third party site or any changes or updates to such sites.

These linked sites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a third party site and agree that we are not responsible for any loss or damage you may incur from dealing with such a third party site. You should contact the site administrator for the applicable third party site if you have any concerns regarding such links or the content located on any such third party site.

 

Registration

To make purchases through the site you will be asked to submit certain information, which may include your name and/or a username, email address, and password. Each time you use your password or identification you will be deemed to be authorized to access and use the site in a manner that is consistent with this agreement, and we have no obligation to investigate the authorization or source of any such access or use of the site.

You will be solely responsible for all access to and use of this site by anyone using your password and identification whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use.

You are solely responsible for protecting the security and confidentiality of your password and identification. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this site’s security.

At the time of your first order, we will request shipping and payment information. You agree that we may update your payment information with information from your bank or credit card issuer may supply, or other information available to us.

 

Payments and Billing

We accept the following bank or credit cards: American Express, Discover, MasterCard, and Visa.

You may be charged local tax, if applicable. If your payment method is declined, we will attempt to process your charge until the transaction is approved. If we are unable to complete the transaction, we may contact you directly to update your account information.  

We are not responsible for any fees or charges that your bank or credit card issuer may apply. The risk of loss and title for items purchased by you passes to you upon our delivery of the times to the carrier. If you would like to receive a refund for any reason, please contact us at orders@jivabhaksa.com. Refunds will be issued by us in our sole discretion.

 

Miscellaneous

Your use of the site shall be governed in all respects by the laws of the state of Delaware, U.S.A., without regard to choice of law provisions. This agreement and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

We shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, act of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages or delays of transportation or shipping facilities, fuel, energy, labor, or materials.

 

Arbitration Agreement

Please read the following arbitration agreement in this section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with us, and limits the manner in which you can seek relief from us.

1.   Applicability of Arbitration agreement. You agree that any dispute or claim related in any way to your access or use of the site, to any products sold or distributed through the site, or to any aspect of your relationship with us, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or we may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of this agreement or any prior version of this agreement. IF YOU AGREE TO ARBITRATION WITH DIYA SENGUPTA, LLC, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVERY MONETARY OR OTHER RELIEF IN ANY LAWSUITE FILED AGAINST US ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST US IN AN INDIVIDUAL ARTBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT OU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.

1  Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting an arbitration proceeding, and describing you claim to JIVA BHAKSA, 9820 Bobwhite Place, Mason, OH 45040. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

2.   Authority of Arbitrator. The arbitrator, and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and us. The arbitration proceedings will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral form’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

3.   Waiver of Jury Trial. You and DIYA SENGUPTA, LLC hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or jury. You and we are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in 1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

4.   Waiver of Class Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in the Federal of state courts of Delaware, U.S.A.

5.   30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: 9820 Bobwhite Place, Mason, OH 45040, or at orders@jivabhaksa.com, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your username (if any), the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement, followed with the insertion of the words “pink power.” If you opt out of this Arbitration Agreement, all other parts of this Terms of Service agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

6.   Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

7.   Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with us.

Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to us.