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ACCEPTANCE OF TERMS Welcome to H&Y Community Directory. H& Y Community Directory provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular H&Y Community Directory services, you and H&Y Community Directory shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. DESCRIPTION OF SERVICE H&Y Community Directory currently provides users with access to a rich collection of on-line resources, including, various tools, online forums, shopping services, personalized content and branded programming through its network of properties (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new H&Y Community Directory properties, shall be subject to the TOS. You understand and agree that the Service is provided by H&Y Community Directory assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. By using this webiste you are bound by the terms and conditions:
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. YOUR REGISTRATION OBLIGATIONS
In
consideration of your use of the Service, you agree to: (a) provide
true, accurate, current and complete information about yourself as
prompted by the Service's registration form (such information being the
"Registration Data") and (b) maintain and promptly update the
Registration Data to keep it true,accurate, current and complete. If you
provide any information that is untrue, inaccurate, not current or
incomplete, or H&Y Community Directory has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete,
H&Y Community Directory has the right to suspend or terminate your
account and refuse any and all current or future use of the Service (or
any portion thereof). H&Y Community Directory is concerned about the
safety and privacy of all its users.
H&Y COMMUNITY DIRECTORY PRIVACY POLICY Registration Data and certain other information about you is subject to our Privacy Policy. For more information, please see our full privacy policy at http://www.healthandyoga.com/html/misc/disclaim.html#privacy MEMBER ACCOUNT, PASSWORD AND SECURITY
You
will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible
for all activities that occur under your password or account. You agree
to (a) immediately notify H&Y Community Directory 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. H&Y
Community Directory cannot and will not be liable for any loss or damage
arising from your failure to comply with this Section.
MEMBER CONDUCT You acknowledge that H&Y Community Directory does not pre-screen Content, but that H&Y Community Directory and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, H&Y Community Directory and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by H&Y Community Directory or submitted to H&Y Community Directory, including without limitation information in H&Y Community Directory Message Boards, H&Y Community Directory Clubs, and in all other parts of the Service. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the country in which you
reside.
MODIFICATIONS TO SERVICE H&Y Community Directory reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that H&Y Community Directory shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. DEALINGS WITH ENQUIRERS / ADVERTISERS Through this directory listing, you can expect direct contact from visitors to the Directory. Your correspondence or business dealings with, or participation in promotions of, enquirers / advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such enquirer(s) /advertiser(s). You agree that H&Y Community Directory shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. You are strongly advised to exert your own discretion before acting upon such enquiries. LINKS The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because H&Y Community Directory has no control over such sites and resources, you acknowledge and agree that H&Y Community Directory is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that H&Y Community Directory shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. H&Y COMMUNITY DIRECTORY'S PROPRIETARY RIGHTS You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by H&Y Community Directory or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. LIMITATION OF LIABILITY
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT H&Y COMMUNITY DIRECTORY SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF H&Y
COMMUNITY DIRECTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
NOTICE
Notices to you may be made
via either email or regular mail. The Service may also provide notices
of changes to the TOS or other matters by displaying notices or links to
notices to you generally on the Service.
GENERAL INFORMATION
The TOS
constitute the entire agreement between you and H&Y Community Directory
and govern your use of the Service, superceding any prior agreements
between you and H&Y Community Directory. You also may be subject to
additional terms and conditions that may apply when you use affiliate
services, third-party content or third-party software. The TOS and the
relationship between you and H&Y Community Directory shall be governed
by the laws of India without regard to its conflict of law provisions.
The failure of H&Y Community Directory to exercise or enforce any right
or provision of the TOS shall not constitute a waiver of such right or
provision. If any provision of the TOS 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 the TOS remain
in full force and effect. 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 Service or the TOS must be filed within one (1)
year after such claim or cause of action arose or be forever barred. VIOLATIONS Please report any violations of the TOS through our contact details as represented on the Contact Us section of our website.
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