Terms of Use Agreement

PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY. BY USING OR VIEWING OR VISITING THIS WEBSITE OR BY SUBSCRIBING TO THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Terms of Use Agreement governs your use of this website, aashishvats.com, the offer of services and content on this Website, or your subscription to the newsletter on this website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below.

aashishvats.com reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. aashishvats.com will alert you that changes or revisions have been made by indicating at the end of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. 

Aashish Vats and aashishvats.com encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing the use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Aashish Vats and/or aashishvats.com for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.

I. PRODUCTS

Terms of Offer

This Website doesn’t offer any products for sale, however, the articles, blogs, podcasts, audio, video, images, website logo, trademarks, icons, buttons, header, footer, titles or any other content or media including all images available on this website or any other third-party social media site belonging to Aashish Vats and/or aashishvats.com are the products of Aashish Vats and aashishvats.com.

These products are in no manner available for copying, saving, reproduction, selling, redistribution or duplication anywhere in the world, be it in a physical form or over the Internet. Any unlawful usage of any product will be liable to compensation, indemnification, and jurisdiction. By doing any of the following but not limited to visiting, viewing or using this website or by subscribing to this website or by subscribing to the newsletter of this website you agree to the terms of this Agreement.

Customer Solicitation

Unless you notify us [aashishvats.com], while we are contacting you, of your desire to opt-out from our newsletter and further direct communications and solicitations, you are agreeing to continue to receive further emails and newsletter from Aashish Vats and aashishvats.com

Opt-Out Procedure:

We provide 3 easy ways to opt-out of future solicitations.

1. You may use the opt-out link found in any email solicitation that you may receive.

2. You may also choose to opt-out, via sending your email address to connect@aashishvats.com

3. You may send a written remove request to Aashish Vats by visiting the Contact page on our website aashishvats.com

Proprietary Rights

Aashish Vats has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product posted or uploaded and/or distributed by Aashish vats.  Aashish Vats also has rights to all trademarks and trade dress and specific layouts of this website, including calls to action, text placement, images, and other information.

II. WEBSITE

Content; Intellectual Property; Third-Party Links

In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites. Aashish Vats does not always create the information offered on this Website; instead, the information is often gathered from other sources. To the extent that Aashish Vats does create the content on this Website, such content is protected by intellectual property laws of India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws.

You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. Aashish Vats does not endorse the contents on any such third-party websites. Aashish Vats and aashishvats.com are not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.

Use of Website

Aashish Vats is not responsible for any damages resulting from the use of this website by anyone. You will not use the Website for illegal purposes. You will

(1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property)

(2) not interfere with or disrupt the use and enjoyment of the Website by other users

(3) not resell material on the Website

(4) not engage, directly or indirectly, in the transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and

(5) not defame, harass, abuse, or disrupt other users of the Website

License

By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Aashish Vats or the applicable third party (if third party content is at issue).

Posting

By posting, storing, or transmitting any content on the Website, you hereby grant Aashish Vats a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world.

Aashish Vats does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Aashish Vats is not liable for any damage or harm resulting from any posts by or interactions between users. Aashish Vats reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Aashish Vats deems objectionable, in Aashish Vats’s sole discretion

III. DISCLAIMER OF WARRANTIES

YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Aashish Vats EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. (“PRODUCTS” INCLUDE blogs and posts and their content, icons, titles, buttons, header, footer, images, and all other media and ‘TRIAL’ PRODUCTS.)

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Aashish Vats  MAKES NO WARRANTY:

THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.

THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. 

AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES/INFORMATION OR THAT DEFECTS IN SERVICES OR INFORMATION WILL BE CORRECTED. 

REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

IV. LIMITATION OF LIABILITY

Aashish Vats WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM

(1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS;

(2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT;

(3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR

(4) ANY LOST PROFITS YOU ALLEGE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

V. INDEMNIFICATION

You will release, indemnify, defend and hold harmless Aashish Vats, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs, and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of

(1) this Agreement or the breach of your warranties, representations, and obligations under this Agreement;

(2) the Website content or your use of the Website content;

(3) the Products or your use of the Products (including Trial Products);

(4) any intellectual property or other proprietary rights of any person or entity;

(5) your violation of any provision of this Agreement; or

(6) any information or data you supplied to Aashish Vats.

When Aashish Vats is threatened with suit or sued by a third party, Aashish Vats may seek written assurances from you concerning your promise to indemnify Aashish Vats; your failure to provide such assurances may be considered by Aashish Vats to be a material breach of this Agreement. Aashish Vats will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Aashish Vats choice at its expense.

Aashish Vats will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Aashish Vats against any claim, but you must receive Aashish Vats’ prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.

VI. PRIVACY

Aashish Vats believes strongly in protecting user privacy and providing you with notice of aashishvats.com’s use of data. Please refer to the privacy policy of this website, incorporated by reference herein, that is posted on the Website.

VII. AGREEMENT TO BE BOUND

By viewing, visiting or using this Website or by subscribing to this website’s newsletter, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website. 

VIII. GENERAL

Force Majeure

Aashish Vats will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, an act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott

Cessation of Operation

Aashish Vats may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.

Entire Agreement

This Agreement comprises the entire agreement between you and Aashish Vats and supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver

The failure of Aashish Vats to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Governing Law

This Website originates from Faridabad, Haryana. This Agreement will be governed by the laws of the State of Haryana without regard to its conflict of law principles to the contrary. Neither you nor Aashish Vats will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in the State of Haryana.

By using this Website, viewing or visiting this website or by subscribing to the newsletter, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.

Statute of Limitation

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within six (6) months after such claim or cause of action arose or be forever barred.

Waiver of Class Action Rights

BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY

Termination

Aashish Vats reserves the right to terminate your access to the Website if he reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Aashish Vats may, in its sole discretion and without advance notice to you, cancel any subscriptions for Products. If your access to the Website is terminated, Aashish Vats reserves the right to exercise whatever means he deems necessary to prevent unauthorized access to the Website.

This Agreement will survive indefinitely unless and until Aashish Vats chooses, in his sole discretion and without advance notice to you, to terminate it.

Domestic Use

Aashish Vats makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.

Assignment

You may not assign your rights and obligations under this Agreement to anyone. Aashish Vats may assign his rights and obligations under this Agreement in its sole discretion and without advance notice to you.

BY USING THIS WEBSITE, VIEWING OR VISITING THIS WEBSITE OR SUBSCRIBING NEWSLETTER FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT

Last Revision: January 14, 2020