TERMS AND CONDITIONS


IMPORTANT - PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE TSCC COMMUNITY. 

 

From time to time, The Sikh Chamber of Commerce. ("TSCC") may elect to provide online an online community, such as online message boards, newsgroups, chat rooms, Wikis, blogs and/or other interactive forums (collectively "Community") that can be accessed and contributed to by certain registered users of TSCC products and services. This Community provides opportunities to interact with your peers in order to share knowledge, news and information about your products and services. Your use of this Community is voluntary and is governed by your agreements with TSCCs Terms of Use, TSCC Privacy Policy, including the express disclaimers of liability posted in these documents, and these Terms and Conditions ("Terms"). TSCC reserves the right to modify or update these Terms at any time and from time to time, for any reason or no reason and with or without notice to you. These Terms govern your use of, access to and participation in any part of the Community. BY INDICATING YOUR ACCEPTANCE OF THESE TERMS OR PARTICIPATING IN ANY PART OF THE COMMUNITY, YOU REPRESENT AND WARRANT THAT YOU: (I) ARE AUTHORIZED TO SIGN FOR, ACCEPT AND BIND YOURSELF AND ANY OTHER PARTY ON WHOSE BEHALF YOU PLAN TO USE THE COMMUNITY AND (II) AGREE TO BE BOUND BY ALL OF THESE TERMS, INCLUDING FOR EXAMPLE, THE DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY SECTIONS SET FORTH BELOW, TO THE EXCLUSION OF ANY OTHER RIGHTS AND OBLIGATIONS. TSCC reserves the right, exercised in its sole discretion, to change, modify, add, or delete portions of these Terms at any time and from time to time and for any reason or no reason and without notice.

Rules of Conduct

 

The purpose of the Community is to voluntarily exchange information about your products and services. You expressly agree not to use any part of the Community to:

  • post content that is unlawful, malicious, misleading, defamatory, harmful, threatening, abusive, harassing, vulgar, obscene, libelous, objectionable, inappropriate, improper, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

  • impersonate any person or entity, including, but not limited to, TSCC or an TSCC employee, or falsely state or otherwise misrepresent your affiliation with any person, group or entity;

  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content submitted to any part of the Community;

  • post any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

  • post any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights or rights of publicity or privacy rights of any third party;

  • post any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

  • post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  • act illegally or unethically or use for any illegal or unethical purposes;

  • intentionally or unintentionally violate any applicable local, state, national or international law, rule, regulation or policy,

  • collect or store personal data about other users.

 

You are solely responsible for the content of your computer and any transmissions you make when using the Community.

Posts on any part of the Community may be edited, moved, deleted or removed at any time and for any reason or no reason and without notice by any TSCC employee or representative. TSCC is not obligated to provide you with any reason or explanation for any post being edited, moved, deleted or removed. There is no means of appeal for any post or membership that is edited, moved, deleted or removed from the Community. TSCC reserves the right to temporarily or permanently withdraw Community membership at any time and for any reason or no reason. TSCC is not obligated to provide you with any reason or explanation for any such membership withdrawal.

 

TSCC does not guarantee a response to any post on the Community. Specifically, support issues should be addressed via TSCC's official support provisions and protocols. You understand that posts on the Community are addressed to your peers and not TSCC and TSCC does not guarantee that any support issue will be addressed on the Community.

 

TSCC does not make any warranty or guarantee that any information posted on any part of the Community, whether or not such posting is made by an TSCC employee, is accurate, complete or in anyway reliable. TSCC disclaims any approval or liability related to any comments made on the Community by a user or third party. Community Forum posts represent the statements and opinions of the individual third-party users and are not necessarily the opinion of TSCC or its employees, partners and affiliates. TSCC does not approve or disapprove of any Community Forum post.

 

Limitation of Liability/Indemnity/Disclaimer of Warranties

 

THE COMMUNITY AND ALL INFORMATION, SERVICES AND DOCUMENTATION PROVIDED IN CONNECTION WITH ANY PART OF THE COMMUNITY ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

LMI SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT PRODUCTS OR SERVICE, OR LOSS OR DAMAGE TO INFORMATION OR DATA ARISING OUT OF THE USE OR INABILITY TO USE ANY PART OF THE COMMUNITY OR THE RELIANCE ON ANY INFORMATION CONTAINED ON ANY PART OF THE COMMUNITY. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL TSCC BE LIABLE FOR DAMAGES RESULTING FROM USE OF ANY PART OF THE COMMUNITY, OR RELIANCE ON THE INFORMATION PRESENTED IN ANY PART OF THE COMMUNITY OR IN CONNECTION WITH ANY PART OF THE COMMUNITY, EVEN IF TSCC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ALL DISCLAIMERS AND LIMITATIONS SET FORTH IN THESE TERMS OR OTHERWISE EXISTING AT LAW (1) ARE OF THE ESSENCE OF THE AGREEMENT OF THE PARTIES, AND (2) SURVIVE ANY TERMINATION, EXPIRATION OR RESCISSION OF THESE TERMS.

The goal of the Community is to provide a platform for TSCC registered users who wish to exchange information about their products and services. TSCC has the right, but not the obligation, in its sole discretion, to pre-screen, refuse, move, remove or delete any submissions for any reason or no reason whatsoever and without any notice. You agree that you must evaluate, and bear all risks associated with the use of any information, including any reliance on the accuracy, completeness, or usefulness of such information, including any information that may be posted by any TSCC employee. TSCC's provision of the Community should in no way be construed as endorsement or approval of any third-party product, service, comment, position or information that may be mentioned or referred therein or any of the comments or posts made by any individual or third party.

 

You agree to indemnify, defend and hold harmless TSCC and its officers, directors, employees, owners, information providers, agents, partners, affiliates, licensees, licensors from and against any and all liabilities, demands, claims, costs, including reasonable attorneys' fees, incurred by the indemnified parties in connection with any demand, claim, action, suit, or loss due to or arising as a result of any breach by you of these Terms of use or claims arising from your account or arising out of content you submit, post, transmit or make available through the Community, your use of the Community, your connection to the Community, your violation of any agreement with TSCC, TSCC’s Terms of Use, Privacy Policy and these Terms, or your violation of any rights of any third party. You agree to use your best efforts to cooperate with TSCC in the defense of any demand, claim, action or suit. TSCC reserves the right to assume the exclusive defense of any matter subject to indemnification by you at TSCC's own expense.

 

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify TSCC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. TSCC cannot and will not be liable for any loss or damage arising from your failure to maintain the confidentiality of your password and account.

 

TSCC respects the intellectual property of others and may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe any copyright, trademark, patent, trade secret or other intellectual property rights of others. If you believe that your work has been copied and is accessible at our web site in a way that constitutes infringement, or that our web site contains links or other references to another online location that contains material or activity that infringes your rights, you may notify us. 

 

You should exercise caution when deciding to disclose personal information. If you voluntarily disclose information, e.g. a telephone number or an email address, in the Community, that information may be collected and used by third parties to send you unsolicited messages, advertisements or for other purposes. TSCC does not control the actions of such third parties and is not liable for those actions. If you disclose personal information in the Community, you do so at your own risk.

 

Modifications

TSCC may amend these Terms at any time and from time to time, for any reason or no reason and with or without notice to you. You manifest intent to accept any amended terms if you continue to use any part of the Community after such amended terms have been posted. You may not amend these Terms without the prior written consent of TSCC. Further, TSCC reserves the right to modify or discontinue all or any part of the Community at any time or from time to time, for any reason or nor reason and with or without notice. TSCC shall not be liable to you or any third party should TSCC exercise its right to modify or discontinue any part of the Community.

 

Miscellaneous

These Terms represents the complete agreement concerning the subject matter of the Terms and, except as set forth herein, may be amended only by a writing executed by both parties.

These Terms shall be governed by and construed in accordance with the laws of the Republic of India, without giving effect to any principles of conflict of law. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in New Delhi, India, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

 

If any of the provisions of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

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