We maintain this web site as a service to our
customers. By using our site, you are agreeing to comply with and be bound by
the following terms of use. Ifyou do not agree to these terms, you should not
review information or obtain goods or products from this site.
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Acceptance of Agreement. You agree to the terms and conditions
outlined in this Terms of Use Agreement ("Agreement") with respect to our site
(the "Site"). This Agreement constitutes the entire and only agreement between
us and you, and supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with respect to the Site, the
content, products or services provided by or through the Site, and the subject
matter of this Agreement. This Agreement may be amended at any time by us from
time to time without specific notice to you. The latest Agreement will be
posted on the Site, and you should review this Agreement prior to using the
Site.
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Copyright. The content, organization, graphics, design,
compilation, magnetic translation, digital conversion and other matters related
to the Site are protected under applicable copyrights, trademarks and other
proprietary (including but not limited to intellectual property) rights. The
copying, redistribution, use or publication by you of any such matters or any
part of the Site, except as allowed by Section 4, is strictly prohibited. You
do not acquire ownership rights to any content, document or other materials
viewed through the Site. The posting of information or materials on the Site
does not constitute a waiver of any right in such information and materials.
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Trademarks. Modelama Exports and others are either trademarks
or registered trademarks of Modelama Exports. Other product and company names
mentioned on the Site may be trademarks of their respective owners.
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Limited Right to Use. The viewing, printing or downloading of
any content, graphic, form or document from the Site grants you only a limited,
nonexclusive license for use solely by you for your own personal use and not
for republication, distribution, assignment, sublicense, sale, preparation of
derivative works or other use. No part of any content, form or document may be
reproduced in any form or incorporated into any information retrieval system,
electronic or mechanical, other than for your personal use (but not for resale
or redistribution).
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Editing, Deleting and Modification. We reserve the right in
our sole discretion to edit or delete any documents, information or other
content appearing on the Site.
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Indemnification. You agree to indemnify, defend and hold us
and our partners, attorneys, staff and affiliates (collectively, "Affiliated
Parties") harmless from any liability, loss, claim and expense, including
reasonable attorney's fees, related to your violation of this Agreement or use
of the Site.
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Nontransferable. Your right to use the Site is not
transferable. Any password or right given to you to obtain information or
documents is not transferable.
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Disclaimer. THE INFORMATION AND SERVICES MAY CONTAIN BUGS,
ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO
LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR,
BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE
FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING
DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE),
WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE
INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE
SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN
THIS AGREEMENT.
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Limits. All responsibility or liability for any damages caused
by viruses contained within the electronic file containing the form or document
is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO
USE OUR SITE. Our maximum liability to you under all circumstances will be
equal to the purchase price you pay for any goods, services or information.
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Use of Information. We reserve the right, and you authorize
us, to the use and assignment of all information regarding Site uses by you and
all information provided by you in any manner consistent with our Privacy
Policy.
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Third-Party Services. We allow access to or advertise
third-party merchant sites from which you may purchase certain goods or
services. You understand that we do not operate or control the products or
services offered by Merchants. Merchants are responsible for all aspects of
order processing, fulfillment, billing and customer service. We are not a party
to the transactions entered into between you and Merchants. You agree that use
of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY
US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR
PURPOSE, MERCHANTABILITY OR NON- INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE
LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS
OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO
OUR SITE.
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Third-Party Merchant Policies. All rules, policies (including
privacy policies) and operating procedures of Merchants will apply to you while
on such sites. We are not responsible for information provided by you to
Merchants. We and the Merchants are independent contractors and neither party
has authority to make any representations or commitments on behalf of the
other.
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Privacy Policy. Our Privacy Policy, as it may change from time
to time, is a part of this Agreement.
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Payments. You represent and warrant that if you are purchasing
something from us or from our Merchants that (i) any credit card information
you supply is true, correct and complete, (ii) charges incurred by you will be
honored by your credit card company, and (iii) you will pay the charges
incurred by you at the posted prices, including any applicable taxes.
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Securities Laws. This Site may include statements concerning
our operations, prospects, strategies, financial condition, future economic
performance and demand for our products or services, as well as our intentions,
plans and objectives, that are forward-looking statements. These statements are
based upon a number of assumptions and estimates which are subject to
significant uncertainties, many of which are beyond our control. When used on
our Site, words like "anticipates," "expects," "believes," "estimates,"
"seeks," "plans," "intends" and similar expressions are intended to identify
forward-looking statements designed to fall within securities law safe harbors
for forward-looking statements. The Site and the information contained herein
does not constitute an offer or a solicitation of an offer for sale of any
securities. None of the information contained herein is intended to be, and
shall not be deemed to be, incorporated into any of our securities-related
filings or documents.
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Links to Other Web Sites. The Site contains links to other Web
sites. We are not responsible for the content, accuracy or opinions express in
such Web sites, and such Web sites are not investigated, monitored or checked
for accuracy or completeness by us. Inclusion of any linked Web site on our
Site does not imply approval or endorsement of the linked Web site by us. If
you decide to leave our Site and access these third-party sites, you do so at
your own risk.
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Information and Press Releases. The Site may contain
information and press releases about us. While this information was believed to
be accurate as of the date prepared, we disclaim any duty or obligation to
update this information or any press releases. Information about companies
other than ours contained in the press release or otherwise, should not be
relied upon as being provided or endorsed by us.
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Miscellaneous. This Agreement shall be treated as though it
were executed and performed in India, and shall be governed by and construed in
accordance with the laws of India (without regard to conflict of law
principles). Any cause of action by you with respect to the Site (and/or any
information, products or services related thereto) must be instituted within
one (1) year after the cause of action arose or be forever waived and barred.
All actions shall be subject to the limitations set forth in Section 8 and
Section 10. The language in this Agreement shall be interpreted as to its fair
meaning and not strictly for or against either party. All legal proceedings
arising out of or in connection with this Agreement shall be brought solely in
India. You expressly submit to the exclusive jurisdiction of said courts and
consents to extra-territorial service of process. Should any part of this
Agreement be held invalid or unenforceable, that portion shall be construed
consistent with applicable law and the remaining portions shall remain in full
force and effect. This Agreement constitutes the entire and only agreement
between us and you and supercedes any and all prior or contemporaneous
agreements, representations, warranties and understandings with respect to the
Site, the content, goods and services provided by or through the Site, and the
subject matter of this Agreement. To the extent that anything in or associated
with the Site is in conflict or inconsistent with this Agreement, this
Agreement shall take precedence. Our failure to enforce any provision of this
Agreement shall not be deemed a waiver of such provision nor of the right to
enforce such provision.
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