Terms of Service
TERMS OF SERVICE AGREEMENT PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 07/01/2018.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Sofia Infotech, also known as www.meraindian.com, located at 10100 Norman Court, Irving, Texas 75063 and our subsidiaries and affiliates, in association with the use of the website, which includes www.meraindian.com, (the “Site”) and its Services, which shall be defined below. DESCRIPTION OF WEBSITE SERVICES OFFERED The Site is an e-commerce website (online shipping marketplace) which has the following description: Ship anything anywhere. We match you with service providers such as Manufacturers of Indian made Products and services. Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS. Once an individual register’s for our Services, through the process of creating an account, the user shall then be considered a “member.” The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Sofia Infotech. At its discretion, Sofia Infotech may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Sofia Infotech does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that Sofia Infotech shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forth with. Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such Sofia Infotech shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
REGISTRATION
To register and become a “member” of the Site, you must be at least 18 years of
age to enter into and form a legally binding contract. In addition, you must be
in good standing and not an individual that has been previously barred from
receiving www.meraindian.com Services under the laws and statutes of the United
States or other applicable jurisdiction. When you register, may collect
information such as your name, e-mail address, birth date, gender, mailing address,
occupation, industry and personal interests. You can edit your account
information at any me. Once you register with and sign in to our Services, you
are no longer anonymous to us. Furthermore, the registering party hereby
acknowledges, understands and agrees to: a) furnish factual, correct, current
and complete information with regards to yourself as may be requested by the
data registration process, and b) maintain and promptly update your
registration and profile information in an effort to maintain accuracy and
completeness at all times. If anyone knowingly provides any information of a
false, untrue, inaccurate or incomplete nature, Sofia Infotech will have
sufficient grounds and rights to suspend or terminate the member in violation
of this aspect of the Agreement, and as such refuse any and all current or
future use of Sofia Infotech Services, or any portion thereof. It is Sofia
Infotech’s priority to ensure the safety and privacy of all its visitors, users
and members, especially that of children. Therefore, it is for this reason that
the parents of any child under the age of 13 that permit their child or
children access to the website platform Services must create a “family”
account, which will certify that the individual creating the “family” account
is of 18 years of age and as such, the parent or legal guardian of any child or
children registered under the “family” account. As the creator of the “family”
account, s/he is thereby granting permission for his/her child or children to
access the various Services provided, including, but not limited to, message
boards, email, and/or instant messaging. It is the parent’s and/or legal
guardian’s responsibility to determine whether any of the Services and/or
content provided are age-appropriate for his/her child.
PRIVACY
POLICY
Every member’s registration data and various other personal information are
strictly protected by the Sofia Infotech Online Privacy Policy (see the full
Privacy Policy at www.meraindian.com/privacy-policy). As a member, you herein
consent to the collection and use of the information provided, including the
transfer of information within the United States and/or other countries for
storage, processing or use by Sofia Infotech and/or our subsidiaries and
affiliates.
MEMBER
ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account.
You shall be responsible for maintaining the secrecy and confidentiality of
your password and for all activities that transpire on or within your account.
It is your responsibility for any act or omission of any user(s) that access
your account information that, if undertaken by you, would be deemed a
violation of the TOS. It shall be your responsibility to notify Sofia Infotech
immediately if you notice any unauthorized access or use of your account or
password or any other breach of security. Sofia Infotech shall not be held
liable for any loss and/or damage arising from any failure to comply with this
term and/or condition of the TOS. CONDUCT As a user or member of the Site, you
herein acknowledge, understand and agree that all information, text, software,
data, photographs, music, video, messages, tags or any other content, whether
it is publicly or privately posted and/or transmitted, is the expressed sole
responsibility of the individual from whom the content originated. In short,
this means that you are solely responsible for any and all content posted,
uploaded, emailed, transmitted or otherwise made available by way of the
Services, and as such, we do not guarantee the accuracy, integrity or quality
of such content. It is expressly understood that by use of our Services, you
may be exposed to content including, but not limited to, any errors or
omissions in any content posted, and/or any loss or damage of any kind incurred
as a result of the use of any content posted, emailed, transmitted or otherwise
made available by Sofia Infotech . Furthermore, you herein agree not to make
use of Sofia Infotech’s Services for the purpose of: a) uploading, posting,
emailing, transmitting, or otherwise making available any content that shall be
deemed unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or
which is hateful, and/or racially, ethnically, or otherwise objectionable; b)
causing harm to minors in any manner whatsoever; c) impersonating any
individual or entity, including, but not limited to, any officials, forum
leaders, guides or hosts or falsely stating or otherwise misrepresenting any
affiliation with an individual or entity; d) forging captions, headings or
titles or otherwise offering any content that you personally have no right to
pursuant to any law nor having any contractual or fiduciary relationship with; e)
uploading, posting, emailing, transmitting or otherwise offering any such
content that may infringe upon any patent, copyright, trademark, or any other
proprietary or intellectual rights of any other party; f) uploading, posting,
emailing, transmitting or otherwise offering any content that you do not
personally have any right to offer pursuant to any law or in accordance with
any contractual or fiduciary relationship; g) uploading, posting, emailing,
transmitting, or otherwise offering any unsolicited or unauthorized
advertising, promotional flyers, “junk mail,” “spam,” or any other form of
solicitation, except in any such areas that may have been designated for such
purpose; h) uploading, posting, emailing, transmitting, or otherwise offering
any source that may contain a software virus or other computer code, any files
and/or programs which have been designed to interfere, destroy and/or limit the
operation of any computer software, hardware, or telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in any
manner that would negatively affect other users’ ability to participate in any
real time interactions; j) interfering with or disrupting any Sofia Infotech
Services, servers and/or networks that may be connected or related to our
website, including, but not limited to, the use of any device software and/or
routine to bypass the robot exclusion headers; k) intentionally or
unintentionally violating any local, state, federal, national or international
law, including, but not limited to, rules, guidelines, and/or regulations
decreed by the U.S. Securities and Exchange Commission, in addition to any
rules of any nation or other securities exchange, that would include without
limitation, the New York Stock Exchange, the American Stock Exchange, or the
NASDAQ, and any regulations having the force of law; l) providing informational
support or resources, concealing and/or disguising the character, location, and
or source to any organization delegated by the United States government as a
“foreign terrorist organization” in accordance to Section 219 of the
Immigration Nationality Act; m) “stalking” or with the intent to otherwise
harass another individual; and/or n) collecting or storing of any personal data
relating to any other member or user in connection with the prohibited conduct
and/or activities which have been set forth in the aforementioned paragraphs.
Sofia Infotech herein reserves the right to pre-screen, refuse and/or delete
any content currently available through our Services. In addition, we reserve
the right to remove and/or delete any such content that would violate the TOS
or which would otherwise be considered offensive to other visitors, users
and/or members. Sofia Infotech herein reserves the right to access, preserve
and/or disclose member account information and/or content if it is requested to
do so by law or in good faith belief that any such action is deemed reasonably
necessary for: a) compliance with any legal process; b) enforcement of the TOS;
c) responding to any claim that therein contained content is in violation of
the rights of any third party; d) responding to requests for customer service;
or e) protecting the rights, property or the personal safety of Sofia Infotech,
its visitors, users and members, including the general public. Sofia Infotech
herein reserves the right to include the use of security components that may
permit digital information or material to be protected, and that such use of
information and/or material is subject to usage guidelines and regulations
established by Sofia Infotech or any other content providers supplying content
services to Sofia Infotech. You are hereby prohibited from making any attempt
to override or circumvent any of the embedded usage rules in our Services.
Furthermore, unauthorized reproduction, publication, distribution, or
exhibition of any information or materials supplied by our Services, despite
whether done so in whole or in part, is expressly prohibited. INTERSTATE
COMMUNICATION Upon registration, you hereby acknowledge that by using www.meraindian.com
to send electronic communications, which would include, but are not limited to,
email, searches, instant messages, uploading of files, photos and/or videos,
you will be causing communications to be sent through our computer network.
Therefore, through your use, and thus your agreement with this TOS, you are
acknowledging that the use of this Service shall result in interstate
transmissions.
CAUTIONS
FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you
hereby agree to comply with all local rules relating to online conduct and that
which is considered acceptable Content. Uploading, posting and/or transferring
of software, technology and other technical data may be subject to the export
and import laws of the United States and possibly other countries. Through the
use of our network, you thus agree to comply with all applicable export and
import laws, statutes and regulations, including, but not limited to, the
Export Administration Regulations
(http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions
control program of the United States
(http://www.treasury.gov/resourcecenter/sanctions/Programs/Pages/Programs.aspx).
Furthermore, you state and pledge that you: a) are not on the list of
prohibited individuals which may be identified on any government export
exclusion report
(http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member
of any other government which may be part of an export-prohibited country
identified in applicable export and import laws and regulations; b) agree not
to transfer any software, technology or any other technical data through the
use of our network Services to any export-prohibited country; c) agree not to
use our website network Services for any military, nuclear, missile, chemical
or biological weaponry end uses that would be a violation of the U.S. export
laws; and d) agree not to post, transfer nor upload any software, technology or
any other technical data which would be in violation of the U.S. or other
applicable export and/or import laws. CONTENT PLACED OR MADE AVAILABLE FOR
COMPANY SERVICES Sofia Infotech shall not lay claim to ownership of any content
submitted by any visitor, member, or user, nor make such content available for
inclusion on our website Services. Therefore, you hereby grant and allow for
Sofia Infotech the below listed worldwide, royalty-free and non-exclusive
licenses, as applicable: a) The content submitted or made available for
inclusion on the publicly accessible areas of Sofia Infotech’s sites, the
license provided to permit to use, distribute, reproduce, modify, adapt,
publicly perform and/or publicly display said Content on our network Services
is for the sole purpose of providing and promoting the specific area to which
this content was placed and/or made available for viewing. This license shall
be available so long as you are a member of Sofia Infotech’s sites, and shall
terminate at such time when you elect to discontinue your membership. b)
Photos, audio, video and/or graphics submitted or made available for inclusion
on the publicly accessible areas of Sofia Infotech’s sites, the license
provided to permit to use, distribute, reproduce, modify, adapt, publicly
perform and/or publicly display said Content on our network Services are for
the sole purpose of providing and promoting the specific area in which this
content was placed and/or made available for viewing. This license shall be
available so long as you are a member of Sofia Infotech’s sites and shall
terminate at such time when you elect to discontinue your membership. c) For
any other content submitted or made available for inclusion on the publicly
accessible areas of Sofia Infotech’s sites, the continuous, binding and
completely sub-licensable license which is meant to permit to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform and/or publicly
display said content, whether in whole or in part, and the incorporation of any
such Content into other works in any arrangement or medium current used or
later developed. Those areas which may be deemed “publicly accessible” areas of
Sofia Infotech’s sites are those such areas of our network properties which are
meant to be available to the general public, and which would include message
boards and groups that are openly available to both users and members. However,
those areas which are not open to the public, and thus available to members
only, would include our mail system and instant messaging.
CONTRIBUTIONS
TO COMPANY WEBSITE
Sofia Infotech provides an area for our users and members to contribute
feedback to our website. When you submit ideas, documents, suggestions and/or
proposals (“Contributions”) to our site, you acknowledge and agree that: a)
your contributions do not contain any type of confidential or proprietary
information; b) shall not be liable or under any obligation to ensure or
maintain confidentiality, expressed or implied, related to any Contributions;
c) shall be entitled to make use of and/or disclose any such Contributions in
any such manner as they may see fit; d) the contributor’s Contributions shall
automatically become the sole property of www.meraindian.com; and e) is under
no obligation to either compensate or provide any form of reimbursement in any
manner or nature.
INDEMNITY
All users and/or members herein agree to insure and hold Sofia Infotech, our
subsidiaries, affiliates, agents, employees, officers, partners and/or
licensors blameless or not liable for any claim or demand, which may include,
but is not limited to, reasonable attorney fees made by any third party which
may arise from any content a member or user of our site may submit, post,
modify, transmit or otherwise make available through our Services, the use of
Services or your connection with these Services, your violations of the Terms
of Service and/or your violation of any such rights of another person.
COMMERCIAL
REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade,
sell, resell nor exploit for any commercial reason any part, use of, or access
to www.meraindian.com sites. USE AND STORAGE GENERAL PRACTICES You herein
acknowledge that Sofia Infotech may set up any such practices and/or limits
regarding the use of our Services, without limitation of the maximum number of
days that any email, message posting or any other uploaded content shall be
retained by Sofia Infotech, nor the maximum number of email messages that may
be sent and/or received by any member, the maximum volume or size of any email
message that may be sent from or may be received by an account on our Service,
the maximum disk space allowable that shall be allocated on Sofia Infotech’s
servers on the member’s behalf, and/or the maximum number of times and/or
duration that any member may access our Services in a given period of time. In
addition, you also agree that Sofia Infotech has absolutely no responsibility
or liability for the removal or failure to maintain storage of any messages
and/or other communications or content maintained or transmitted by our
Services. You also herein acknowledge that we reserve the right to delete or
remove any account that is no longer active for an extended period of time.
Furthermore, Sofia Infotech shall reserve the right to modify, alter and/or
update these general practices and limits at our discretion. Any messenger
service, which may include any web-based versions, shall allow you and the
individuals with whom you communicate with the ability to save your
conversations in your account located on Sofia Infotech’s servers. In this
manner, you will be able to access and search your message history from any
computer with internet access. You also acknowledge that others have the option
to use and save conversations with you in their own personal account on www.meraindian.com.
It is your agreement to this TOS which establishes your consent to allow Sofia
Infotech to store any and all communications on its servers.
MODIFICATIONS
Sofia Infotech shall reserve the right at any time it may deem fit, to modify,
alter and or discontinue, whether temporarily or permanently, our service, or
any part thereof, with or without prior notice. In addition, we shall not be
held liable to you or to any third party for any such alteration, modification,
suspension and/or discontinuance of our Services, or any part thereof.
TERMINATION
As a member of www.meraindian.com, you may cancel or terminate your account,
associated email address and/or access to our Services by submitting a
cancellation or termination request to admin@meraindian.com. As a member, you
agree that Sofia Infotech may, without any prior written notice, immediately
suspend, terminate, discontinue and/or limit your account, any email associated
with your account, and access to any of our Services. The cause for such
termination, discontinuance, suspension and/or limitation of access shall
include, but is not limited to: a) any breach or violation of our TOS or any
other incorporated agreement, regulation and/or guideline; b) by way of
requests from law enforcement or any other governmental agencies; c) the
discontinuance, alteration and/or material modification to our Services, or any
part thereof; d) unexpected technical or security issues and/or problems; e)
any extended periods of inactivity; f) any engagement by you in any fraudulent
or illegal activities; and/or g) the nonpayment of any associated fees that may
be owed by you in connection with your www.meraindian.com account Services.
Furthermore, you herein agree that any and all terminations, suspensions,
discontinuances, and or limitations of access for cause shall be made at our
sole discretion and that we shall not be liable to you or any other third party
with regards to the termination of your account, associated email address
and/or access to any of our Services. The termination of your account with www.meraindian.com
shall include any and/or all of the following: a) the removal of any access to
all or part of the Services offered within www.meraindian.com; b) the deletion
of your password and any and all related information, files, and any such
content that may be associated with or inside your account, or any part
thereof; and c) the barring of any further use of all or part of our Services.
ADVERTISERS Any correspondence or business dealings with, or the participation
in any promotions of, advertisers located on or through our Services, which may
include the payment and/or delivery of such related goods and/or Services, and
any such other term, condition, warranty and/or representation associated with
such dealings, are and shall be solely between you and any such advertiser.
Moreover, you herein agree that Sofia Infotech shall not be held responsible or
liable for any loss or damage of any nature or manner incurred as a direct
result of any such dealings or as a result of the presence of such advertisers
on our website. LINKS Either Sofia Infotech or any third parties may provide
links to other websites and/or resources. Thus, you acknowledge and agree that
we are not responsible for the availability of any such external sites or
resources, and as such, we do not endorse nor are we responsible or liable for
any content, products, advertising or any other materials, on or available from
such third party sites or resources. Furthermore, you acknowledge and agree
that Sofia Infotech shall not be responsible or liable, directly or indirectly,
for any such damage or loss which may be a result of, caused or allegedly to be
caused by or in connection with the use of or the reliance on any such content,
goods or Services made available on or through any such site or resource.
PROPRIETARY
RIGHTS
You do hereby acknowledge and agree that Sofia Infotech’s Services and any essential
software that may be used in connection with our Services (“Software”) shall
contain proprietary and confidential material that is protected by applicable
intellectual property rights and other laws. Furthermore, you herein
acknowledge and agree that any Content which may be contained in any
advertisements or information presented by and through our Services or by
advertisers is protected by copyrights, trademarks, patents or other
proprietary rights and laws. Therefore, except for that which is expressly
permitted by applicable law or as authorized b y Sofia Infotech or such
applicable licensor, you agree not to alter, modify, lease, rent, loan, sell,
distribute, transmit, broadcast, publicly perform and/or created any
plagiaristic works which are based on Sofia Infotech Services (e.g. Content or
Software), in whole or part. Sofia Infotech herein has granted you personal,
non-transferable and non-exclusive rights and/or license to make use of the
object code or our Software on a single computer, as long as you do not, and
shall not, allow any third party to duplicate, alter, modify, create or
plagiarize work from, reverse engineer, reverse assemble or otherwise make an
attempt to locate or discern any source code, sell, assign, sublicense, grant a
security interest in and/or otherwise transfer any such right in the Software.
Furthermore, you do herein agree not to alter or change the Software in any
manner, nature or form, and as such, not to use any modified versions of the
Software, including and without limitation, for the purpose of obtaining
unauthorized access to our Services. Lastly, you also agree not to access or
attempt to access our Services through any means other than through the
interface which is provided by Sofia Infotech for use in accessing our
Services.
WARRANTY
DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF SOFIA INFOTECH
SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE
SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. SOFIA INFOTECH AND
OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF
TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
b) SOFIA INFOTECH AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) SOFIA INFOTECH SERVICES OR
SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) SOFIA INFOTECH SERVICES OR SOFTWARE
SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS
WHICH MAY BE OBTAINED FROM THE USE OF THE SOFIA INFOTECH SERVICES OR SOFTWARE
WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY
INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH
OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH
ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF SOFIA INFOTECH SERVICES OR
SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH
YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND
CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET
ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD
RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE
AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY
YOU FROM SOFIA INFOTECH OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. e) A SMALL PERCENTAGE OF
SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO
CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER
SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY
UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO
HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE
IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU
EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS,
ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY
INVOLUNTARY MOVEMENT, OR CONVULSIONS. LIMITATION OF LIABILITY YOU EXPLICITLY
ACKNOWLEDGE, UNDERSTAND AND AGREE THAT SOFIA INFOTECH AND OUR SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE
LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED
TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES,
EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY
OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE; b) THE COST
OF PROCURING SUBSTITUTE GOODS AND SERVICES; c) UNAUTHORIZED ACCESS TO OR THE
ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA; d) STATEMENTS OR CONDUCT OF ANY
SUCH THIRD PARTY ON OUR SERVICE; e) AND ANY OTHER MATTER WHICH MAY BE RELATED
TO OUR SERVICE. RELEASE In the event you have a dispute, you agree to release
Sofia Infotech (and its officers, directors, employees, agents, parent
subsidiaries, affiliates, co-branders, partners and any other third parties)
from claims, demands and damages (actual and consequential) of every kind and
nature, known and unknown, suspected or unsuspected, disclosed and undisclosed,
arising out of or in any way connected to such dispute.
SPECIAL
ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such
news, messages, alerts or other information from our Services concerning
companies, stock quotes, investments or securities, please review the above
Sections Warranty Disclaimers and Limitations of Liability again. In addition,
for this particular type of information, the phrase “Let the investor beware”
is appropriate. Sofia Infotech’s content is provided primarily for
informational purposes, and no content that shall be provided or included in
our Services is intended for trading or investing purposes. Sofia Infotech and
our licensors shall not be responsible or liable for the accuracy, usefulness
or availability of any information transmitted and/or made available by way of
our Services, and shall not be responsible or liable for any trading and/or
investment decisions based on any such information.
EXCLUSION
AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS
WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. THIRD
PARTY BENEFICIARIES You herein acknowledge, understand and agree, unless
otherwise expressly provided in this TOS, that there shall be no third-party
beneficiaries to this agreement. NOTICE Sofia Infotech may furnish you with notices,
including those with regards to any changes to the TOS, including but not
limited to email, regular mail, MMS or SMS, text messaging, postings on our
website Services, or other reasonable means currently known or any which may be
herein after developed. Any such notices may not be received if you violate any
aspects of the TOS by accessing our Services in an unauthorized manner. Your
acceptance of this TOS constitutes your agreement that you are deemed to have
received any and all notices that would have been delivered had you accessed
our Services in an authorized manner.
TRADEMARK
INFORMATION
You herein acknowledge, understand and agree that all of the Sofia Infotech
trademarks, copyright, trade name, service marks, and other Sofia Infotech
logos and any brand features, and/or product and service names are trademarks
and as such, are and shall remain the property of Sofia Infotech. You herein
agree not to display and/or use in any manner the Sofia Infotech logo or marks
without obtaining Sofia Infotech’s prior written consent.
COPYRIGHT
OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
Sofia Infotech will always respect the intellectual property of others, and we
ask that all of our users do the same. With regards to appropriate
circumstances and at its sole discretion, Sofia Infotech may disable and/or
terminate the accounts of any user who violates our TOS and/or infringes the
rights of others. If you feel that your work has been duplicated in such a way
that would constitute copyright infringement, or if you believe your
intellectual property rights have been otherwise violated, you should provide
to us the following information: a) The electronic or the physical signature of
the individual that is authorized on behalf of the owner of the copyright or
other intellectual property interest; b) A description of the copyrighted work
or other intellectual property that you believe has been infringed upon; c) A
description of the location of the site which you allege has been infringing
upon your work; d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your
work is not authorized by the copyright owner, its agents or the law; f) And
finally, a statement, made under penalty of perjury, that the aforementioned
information in your notice is truthful and accurate, and that you are the
copyright or intellectual property owner, representative or agent authorized to
act on the copyright or intellectual property owner’s behalf. The Sofia
Infotech Agent for notice of claims of copyright or other intellectual property
infringement can be contacted as follows: Mailing Address: Sofia Infotech Attn:
Copyright Agent 10100 Norman Court Irving, Texas 75063 Telephone: 4698997351
Email: admin@meraindian.com CLOSED CAPTIONING BE IT KNOWN, that Sofia Infotech
complies with all applicable Federal Communications Commission rules and
regulations regarding the closed captioning of video content. For more
information, please visit our website at www.meraindian.com. GENERAL
INFORMATION ENTIRE AGREEMENT This TOS constitutes the entire agreement between
you and Sofia Infotech and shall govern the use of our Services, superseding
any prior version of this TOS between you and us with respect to Sofia Infotech
Services. You may also be subject to additional terms and conditions that may apply
when you use or purchase certain other Sofia Infotech Services, affiliate
Services, third-party content or third-party software.
CHOICE
OF LAW AND FORUM
It is at the mutual agreement of both you and Sofia Infotech with regard to the
TOS that the relationship between the parties shall be governed by the laws of
the state of Texas without regard to its conflict of law provisions and that
any and all claims, causes of action and/or disputes, arising out of or
relating to the TOS, or the relationship between you and Sofia Infotech, shall
be filed within the courts having jurisdiction within the County of Dallas,
Texas or the U.S. District Court located in said state. You and Sofia Infotech
agree to submit to the jurisdiction of the courts as previously mentioned, and
agree to waive any and all objections to the exercise of jurisdiction over the
parties by such courts and to venue in such courts.
WAIVER
AND SEVERABILITY OF TERMS
At any time, should Sofia Infotech fail to exercise or enforce any right or
provision of the TOS, such failure shall not constitute a waiver of such right
or provision. If any provision of this 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.
NO
RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and
any rights to your ID and/or contents within your account shall terminate upon
your death. Upon receipt of a copy of a death certificate, your account may be
terminated and all contents therein permanently deleted.
STATUTE
OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to
the contrary, any claim or action arising out of or related to the use of our
Services or the TOS must be filed within 0 year(s) after said claim or cause of
action arose or shall be forever barred. VIOLATIONS Please report any and all
violations of this TOS to Sofia Infotech as follows: Mailing Address: Sofia
Infotech 10100 Norman Court Irving, Texas 75063 Telephone: 972-903-6362 Email: admin@meraindian.com