TERMS OF USE
Effective July 24, 2023
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, OR PURCHASING ANY PRODUCTS OR SERVICES THROUGH THE INDUS STORE, YOU AGREE TO BE BOUND BY THE TERMS OF USE DESCRIBED BELOW AND ALL OTHER TERMS INCORPORATED BY REFERENCE HEREIN, INCLUDING, WITHOUT LIMITATION, THE TERMS OF SALE, PRIVACY POLICY, AND DISCLAIMERS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT USE THIS WEBSITE OR PURCHASE ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE INDUS STORE.
These Terms of Use (these “Terms”) apply solely to your access to, and use of, IndUS Store, a legal e-commerce site powered by IndUS Counsel, a Silicon Valley law firm. These Terms do not alter in any way the terms or conditions of any other agreement you may have with IndUS Counsel, or its subsidiaries or affiliates, for products, services, or otherwise. If you are using IndUS Store on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity agrees to indemnify IndUS Counsel for any violation of these Terms.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of this website thereafter, and purchase of any products available on the IndUS Store.
Your continued use of this website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website] so you are aware of any changes, as they are binding on you.
Accessing this Website and Account Security
We reserve the right to withdraw or amend this website, and any service or material we provide on this website, in our sole discretion without notice. We will not be liable if for any reason all or any part of this website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of this website, or the entire website, to users, including registered users.
You are responsible for:
To access this website or some of the resources it offers (including, without limitation, through our service provider, Gavel (formerly, Documate)), you may be asked to provide certain registration details or other information. It is a condition of your use of this website, and purchase of any IndUS Store products, that all the information you provide on this website is correct, current and complete. You agree that all information you provide to register with this website or otherwise, including, without limitation, through the use of any interactive features on this website or Gavel's website, is governed by our Terms of Sale and Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Terms of Sale and Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, without limitation, if, in our opinion, you have violated any provision of these Terms of Use or the Terms of Sale.
Intellectual Property Rights
This website and its entire contents, features and functionality (including, without limitation, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by IndUS Counsel, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use this website for your personal, non-commercial use only, except for the specific engagement for which you purchase any products or services available on the IndUS Store. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on this website, except as follows:
You must not:
You must not access or use for any commercial purposes any part of this website or any documents, services or materials available through this website the specific product(s) purchased by you through the IndUS Store.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: [email protected].
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of this website in breach of the Terms of Use or the Terms of Sale, your right to use this website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made, including any products purchased by you on the IndUS Store. No right, title or interest in or to this website or any content on the site (except one license to use for personal purpose the specific product(s) purchased by you on the IndUS Store) is transferred to you, and all rights not expressly granted are reserved by IndUS Counsel. Any use of this website not expressly permitted by these Terms of Use or the Terms of Sale is a breach of these Terms of Use and/or the Terms of Sale and may violate copyright, trademark and other laws.
Trademarks
The IndUS Counsel name, the IndUS Store name, the terms IndUS.Store, the cloud logo of IndUS Counsel, and all related names, logos, product and service names, designs and slogans are trademarks of IndUS Counsel or its affiliates or licensors. You must not use such marks without the prior written permission of IndUS Counsel's CEO. All other names, logos, product and service names, designs and slogans on this website are the trademarks of their respective owners.
Prohibited Uses
You may use this website only for lawful purposes and in accordance with these Terms of Use. You agree not to use this website:
Additionally, you agree not to:
User Contributions
This website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, user accounts, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through this website.
All User Contributions must comply with the content standards set out in these Terms of Use.
Any User Contribution you post to this website will be considered non-confidential and non-proprietary. By providing any User Contribution on this website or on Gavel through your use of this website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not IndUS Counsel, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through this Website. YOU WAIVE AND HOLD HARMLESS INDUS COUNSEL AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on this website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Copyright Infringement
If you believe that any User Contributions violate your copyright, please see our Disclaimers for instructions on sending us a notice of copyright infringement. It is the policy of IndUS Counsel to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through this website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This website includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by IndUS Counsel, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of IndUS Counsel. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to this website
We may update the content on this website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on this website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to this Website
All information we collect on this website is subject to our Privacy Policy. By using this website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Online Purchases and Other Terms and Conditions
All purchases through our site or other transactions for the sale of products, services or documents formed through this website or as a result of visits made by you are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use.
Additional terms and conditions may also apply to specific portions, services or features of this website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from this Website
If this website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of this website is based in the state of California in the United States. We provide this website for use only by persons who create products and services for use within the United States and/or India. We make no claims that this Website or any of its content is accessible or appropriate outside of the United States. Access to this website may not be legal by certain persons or in certain countries. If you access this website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or this website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THIS WEBSITE OR ANY PRODUCTS, SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THIS WEBSITE, ITS CONTENT AND ANY PRODUCTS AND/OR SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE, ITS CONTENT AND ANY PRODUCTS AND/OR SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER INDUS COUNSEL NOR ANY PERSON ASSOCIATED WITH INDUS COUNSEL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER INDUS COUNSEL NOR ANYONE ASSOCIATED WITH INDUS COUNSEL REPRESENTS OR WARRANTS THAT THIS WEBSITE, ITS CONTENT OR ANY PRODUCTS AND/OR SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THIS WEBSITE OR ANY PRODUCTS AND/OR SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL INDUS COUNSEL, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THIS WEBSITE OR SUCH OTHER WEBSITES OR ANY PRODUCTS AND/OR SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless IndUS Counsel, its affiliates, licensors and service providers, and its and their respective officers, directors, shareholders, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including, without limitation, reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use, the Terms of Sale or your use of this Website, including, without limitation, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from this Website.
Governing Law and Jurisdiction
All matters relating to this Website, these Terms of Use and the Terms of Sale, and any dispute or claim arising therefrom or related thereto (in each case, including, without limitation, non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use, the Terms of Sale or this Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of Fremont and County of Alameda, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use or the Terms of Sale in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THIS WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of by IndUS Counsel of any term or condition set forth in these Terms of Use or the Terms of Sale shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of IndUS Counsel to assert a right or provision under these Terms of Use or the Terms of Sale shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use or the Terms of Sale is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use and the Terms of Sale will continue in full force and effect.
Entire Agreement
The Terms of Use, the Terms of Sale, and our Privacy Policy constitute the sole and entire agreement between you and IndUS Counsel with respect to this website and any and all products and services purchased or availed by you through the IndUS Store, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to this website and the IndUS Store.
Your Comments and Concerns
This website is operated by IndUS Counsel, Inc., located at 39111 Paseo Padre Parkway, Suite 315, Fremont, CA 94538-1686, USA.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Disclaimers in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to this Website should be directed to: [email protected].
Thank you for visiting this website!
These Terms of Use (these “Terms”) apply solely to your access to, and use of, IndUS Store, a legal e-commerce site powered by IndUS Counsel, a Silicon Valley law firm. These Terms do not alter in any way the terms or conditions of any other agreement you may have with IndUS Counsel, or its subsidiaries or affiliates, for products, services, or otherwise. If you are using IndUS Store on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity agrees to indemnify IndUS Counsel for any violation of these Terms.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of this website thereafter, and purchase of any products available on the IndUS Store.
Your continued use of this website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website] so you are aware of any changes, as they are binding on you.
Accessing this Website and Account Security
We reserve the right to withdraw or amend this website, and any service or material we provide on this website, in our sole discretion without notice. We will not be liable if for any reason all or any part of this website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of this website, or the entire website, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to this website.
- Ensuring that all persons who access this website through your internet connection are aware of these Terms of Use and comply with them.
To access this website or some of the resources it offers (including, without limitation, through our service provider, Gavel (formerly, Documate)), you may be asked to provide certain registration details or other information. It is a condition of your use of this website, and purchase of any IndUS Store products, that all the information you provide on this website is correct, current and complete. You agree that all information you provide to register with this website or otherwise, including, without limitation, through the use of any interactive features on this website or Gavel's website, is governed by our Terms of Sale and Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Terms of Sale and Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, without limitation, if, in our opinion, you have violated any provision of these Terms of Use or the Terms of Sale.
Intellectual Property Rights
This website and its entire contents, features and functionality (including, without limitation, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by IndUS Counsel, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use this website for your personal, non-commercial use only, except for the specific engagement for which you purchase any products or services available on the IndUS Store. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on this website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of this website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- You may print or download one copy of the specific product(s) purchased by you through the IndUS Store.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you make take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this web site.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of this website or any documents, services or materials available through this website the specific product(s) purchased by you through the IndUS Store.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: [email protected].
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of this website in breach of the Terms of Use or the Terms of Sale, your right to use this website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made, including any products purchased by you on the IndUS Store. No right, title or interest in or to this website or any content on the site (except one license to use for personal purpose the specific product(s) purchased by you on the IndUS Store) is transferred to you, and all rights not expressly granted are reserved by IndUS Counsel. Any use of this website not expressly permitted by these Terms of Use or the Terms of Sale is a breach of these Terms of Use and/or the Terms of Sale and may violate copyright, trademark and other laws.
Trademarks
The IndUS Counsel name, the IndUS Store name, the terms IndUS.Store, the cloud logo of IndUS Counsel, and all related names, logos, product and service names, designs and slogans are trademarks of IndUS Counsel or its affiliates or licensors. You must not use such marks without the prior written permission of IndUS Counsel's CEO. All other names, logos, product and service names, designs and slogans on this website are the trademarks of their respective owners.
Prohibited Uses
You may use this website only for lawful purposes and in accordance with these Terms of Use. You agree not to use this website:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use or the Terms of Sale.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate IndUS Counsel, an IndUS Counsel attorney or employee, another user or any other person or entity (including, without limitation, by using e-mail addresses, login IDs, or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of this website, or which, as determined by us, may harm IndUS Counsel or users of this website or expose them to liability.
Additionally, you agree not to:
- Use this website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of this website, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic device, process or means to access this website for any purpose, including, without limitation, monitoring or copying any of the material on this website.
- Use any manual process to monitor or copy any of the material on this website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of this website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of this website, the server on which this website is stored, or any server, computer or database connected to this website.
- Attack this website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of this website.
User Contributions
This website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, user accounts, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through this website.
All User Contributions must comply with the content standards set out in these Terms of Use.
Any User Contribution you post to this website will be considered non-confidential and non-proprietary. By providing any User Contribution on this website or on Gavel through your use of this website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
- All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not IndUS Counsel, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use or the Terms of Sale, including, without limitation, the content standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of this website or the public or could create liability for IndUS Counsel.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of this website.
- Terminate or suspend your access to all or part of this website for any or no reason, including, without limitation, any violation of these Terms of Use or the Terms of Sale.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through this Website. YOU WAIVE AND HOLD HARMLESS INDUS COUNSEL AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on this website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Violate the legal rights (including, without limitation, the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use, the Terms of Sale and our Privacy Policy.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Copyright Infringement
If you believe that any User Contributions violate your copyright, please see our Disclaimers for instructions on sending us a notice of copyright infringement. It is the policy of IndUS Counsel to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through this website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This website includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by IndUS Counsel, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of IndUS Counsel. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to this website
We may update the content on this website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on this website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to this Website
All information we collect on this website is subject to our Privacy Policy. By using this website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Online Purchases and Other Terms and Conditions
All purchases through our site or other transactions for the sale of products, services or documents formed through this website or as a result of visits made by you are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use.
Additional terms and conditions may also apply to specific portions, services or features of this website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this website.
- Send e-mails or other communications with certain content, or links to certain content, on this website.
- Cause limited portions of content on this website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause this website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of this website other than the homepage.
- Otherwise take any action with respect to the materials on this website that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from this Website
If this website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of this website is based in the state of California in the United States. We provide this website for use only by persons who create products and services for use within the United States and/or India. We make no claims that this Website or any of its content is accessible or appropriate outside of the United States. Access to this website may not be legal by certain persons or in certain countries. If you access this website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or this website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THIS WEBSITE OR ANY PRODUCTS, SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THIS WEBSITE, ITS CONTENT AND ANY PRODUCTS AND/OR SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE, ITS CONTENT AND ANY PRODUCTS AND/OR SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER INDUS COUNSEL NOR ANY PERSON ASSOCIATED WITH INDUS COUNSEL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER INDUS COUNSEL NOR ANYONE ASSOCIATED WITH INDUS COUNSEL REPRESENTS OR WARRANTS THAT THIS WEBSITE, ITS CONTENT OR ANY PRODUCTS AND/OR SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THIS WEBSITE OR ANY PRODUCTS AND/OR SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL INDUS COUNSEL, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THIS WEBSITE OR SUCH OTHER WEBSITES OR ANY PRODUCTS AND/OR SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless IndUS Counsel, its affiliates, licensors and service providers, and its and their respective officers, directors, shareholders, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including, without limitation, reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use, the Terms of Sale or your use of this Website, including, without limitation, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from this Website.
Governing Law and Jurisdiction
All matters relating to this Website, these Terms of Use and the Terms of Sale, and any dispute or claim arising therefrom or related thereto (in each case, including, without limitation, non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use, the Terms of Sale or this Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of Fremont and County of Alameda, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use or the Terms of Sale in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THIS WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of by IndUS Counsel of any term or condition set forth in these Terms of Use or the Terms of Sale shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of IndUS Counsel to assert a right or provision under these Terms of Use or the Terms of Sale shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use or the Terms of Sale is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use and the Terms of Sale will continue in full force and effect.
Entire Agreement
The Terms of Use, the Terms of Sale, and our Privacy Policy constitute the sole and entire agreement between you and IndUS Counsel with respect to this website and any and all products and services purchased or availed by you through the IndUS Store, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to this website and the IndUS Store.
Your Comments and Concerns
This website is operated by IndUS Counsel, Inc., located at 39111 Paseo Padre Parkway, Suite 315, Fremont, CA 94538-1686, USA.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Disclaimers in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to this Website should be directed to: [email protected].
Thank you for visiting this website!