TERMS OF SERVICE
Last updated
February 01, 2025
AGREEMENT TO OUR LEGAL TERMS
We are
Tall Exit ("Company," "we,"
"us," "our").
We operate the website
https://tallexit.com
(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").
Connect with verified buyers, get expert valuations, and maximize
your exit value. Our platform helps founders like you sell their
businesses for premium multiples and connect right buyers.
These Legal Terms constitute a legally binding agreement made
between you, whether personally or on behalf of an entity ("you"), and Tall Exit, 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
at any time and for any
reason. 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.
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
around the world.
The Content and Marks are provided in or through the Services
"AS IS"
for your internal business
purpose 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 internal
business purpose.
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:
[email protected]. 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
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.
You are responsible for what you post or upload:
By sending us Submissions through
any part of the Services
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 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;
-
warrant that any such Submission
are original to you or that you have the necessary rights and
licenses
to submit such Submissions and
that you have full authority to grant us the above-mentioned
rights in relation to your Submissions; and
-
warrant and represent that your Submissions
do not constitute confidential information.
You are solely responsible for your Submissions
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.
By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these
Legal Terms; (2) you are not a minor in the jurisdiction in which you
reside; (3) you will not access the Services through automated or
non-human means, whether through a bot, script or otherwise;
(4) you will not use the Services for any illegal or
unauthorized
purpose; and (5) 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).
We accept the following forms of payment:
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 INR/USD.
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.
5. POLICY
All sales are final and no refund will be issued.
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").
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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.
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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.
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Use the Services to advertise or offer to sell goods and
services.
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Sell or otherwise transfer your profile.
7. USER GENERATED CONTRIBUTIONS
The Services does not offer users to submit or
post content.
We 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. 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.
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Your Contributions are not obscene, lewd, lascivious,
filthy, violent, harassing,
libelous, slanderous, or otherwise objectionable (as determined
by us).
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Your Contributions do not ridicule, mock, disparage,
intimidate, or abuse anyone.
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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.
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Your Contributions do not violate any applicable law,
regulation, or rule.
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Your Contributions do not violate the privacy or
publicity rights of any third party.
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Your Contributions do not violate any applicable law
concerning child pornography, or otherwise intended to
protect the health or well-being of minors.
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Your Contributions do not include any offensive comments
that are connected to race, national origin, gender,
sexual preference, or physical handicap.
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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.
You and Services agree that we may access, store, process, and
use any information and personal data that you provide
and your choices (including settings).
By submitting suggestions or other feedback regarding the Services,
you agree that we can use and share such feedback for any purpose
without compensation to you.
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.
9. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the
Site) links to other websites ("Third-Party Websites")
as well as articles, photographs, text, graphics, pictures, designs,
music, sound, video, information, applications, software, and other
content or items belonging to or originating from third parties ("Third-Party Content").
Such Third-Party Websites
and Third-Party Content are
not investigated, monitored, or checked for accuracy, appropriateness,
or completeness by us, and we are not responsible for any Third-Party
Websites accessed through the Services or any
Third-Party Content posted
on, available through, or installed from the Services, including the
content, accuracy, offensiveness, opinions, reliability, privacy
practices, or other policies of or contained in the
Third-Party Websites or the
Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any
Third-Party Websites or any
Third-Party Content
does not imply approval or endorsement thereof by us. If you decide to
leave the Services and access the
Third-Party Websites or to
use or install any
Third-Party Content, you do
so at your own risk, and you should be aware these Legal Terms no
longer govern. You should review the applicable terms and policies,
including privacy and data gathering practices, of any website to
which you navigate from the Services or relating to any applications
you use or install from the Services. Any purchases you make through
Third-Party Websites will be
through other websites and from other companies, and we take no
responsibility whatsoever in relation to such purchases which are
exclusively between you and the applicable third party. You agree and
acknowledge that we do not endorse the products or services offered on
Third-Party Websites and you
shall hold us blameless from any harm caused by your purchase of such
products or services. Additionally, you shall hold us blameless from
any losses sustained by you or harm caused to you relating to or
resulting in any way from any
Third-Party Content or any
contact with
Third-Party Websites.
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
India and
United States. 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
India and
United States, then through your
continued use of the Services, you are transferring your data to
India and
United States, and you expressly
consent to have your data transferred to and processed in
India and
United States.
12. 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
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.
13. 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 also reserve the
right to modify or discontinue all or part of the Services without
notice at any time. 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.
14. GOVERNING LAW
These Legal Terms shall be governed by and defined following the laws
of India. Tall Exit 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.
15. DISPUTE RESOLUTION
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 one (1). The seat, or legal place, or
arbitration shall be Mohali, 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 Arbitration
The Parties agree that the following
Disputes are not subject to the above provisions concerning 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.
16. 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.
17. 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.
18. 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
$500.00 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.
19. 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) use of the Services;
(2) breach of these Legal
Terms; (3) any breach of
your representations and warranties set forth in these Legal Terms;
(4) your violation of the
rights of a third party, including but not limited to intellectual
property rights; or (5)
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.
20. 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.
21. 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.
22. 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.
23. 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:
Tall Exit
India