TERMS OF SERVICE AGREEMENT
PLEASE READ THIS
TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING
PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND
CONDITIONS OF THIS AGREEMENT.
This Terms of Service
Agreement (the "Agreement") governs your use of this website] https://www.greenaryhub.com/ (the "Website"), GreenaryHub("Business
Name") offer of products for purchase on this Website, or your purchase of
products available on this Website. This Agreement includes, and incorporates
by this reference, the policies and guidelines referenced below. GreenaryHub 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. GreenaryHub
will alert you that changes or revisions have been made by indicating on the
top of this Agreement the date it was last revised. The changed or revised The 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 The agreement will constitute your acceptance of any such changes or revisions GreenaryHub
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 the written agreement you may have with GreenaryHub 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 offers for sale of certain products (the "Products"). By placing
an order for Products through this Website, you agree to the terms set forth in
this Agreement.
Customer
Solicitation: Unless you
notify our third party call center reps or direct GreenaryHub sales reps, while they are calling
you, of your desire to opt-out from further direct company communications and
solicitations, you are agreeing to continue to receive further emails and call
solicitations GreenaryHub and it's designated
in house or third party call team(s).
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: [email protected]
3. You may send a written remove request to Garalgacha, Bishramtala, Chanditala, Hooghly, 712311
Proprietary Rights GreenaryHub has proprietary rights and trade
secrets in the Products. You may not copy, reproduce, resell or redistribute any
Product manufactured and/or distributed by GreenaryHub.
GreenaryHub also has rights to all
trademarks and trade dress and specific layouts of this webpage, including
calls to action, text placement, images, and other information.
Sales Tax. If you
purchase any Products, you will be responsible for paying any applicable sales
tax.
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, about nutritional and dietary supplements. GreenaryHub does not always create the information
offered on this Website; instead the information is often gathered from other
sources. To the extent that GreenaryHub 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. GreenaryHub does not endorse the contents on any such
third-party websites. GreenaryHub is 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; GreenaryHub 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 GreenaryHub
or the applicable third party (if third party content is at issue).
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. GreenaryHub 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 TRIAL PRODUCTS.)
WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, GreenaryHub 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 PRODUCTS OR THAT DEFECTS IN PRODUCTS
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
GreenaryHub ENTIRE LIABILITY,
AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO
THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY
LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS
PURCHASED VIA THE WEBSITE.
GreenaryHub 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 GreenaryHub, 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 another proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to GreenaryHub. When GreenaryHub is threatened with suit or sued by a third party, GreenaryHub may seek written assurances from you concerning your promise to indemnify GreenaryHub; your failure to provide such assurances may be considered by GreenaryHub to be a material breach of this Agreement. GreenaryHub 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 GreenaryHub choice at its expense. GreenaryHub 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 GreenaryHub against any claim, but you must receive GreenaryHub 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
GreenaryHub believes
strongly in protecting user privacy and providing you with notice of MuscleUP
Nutrition 's use of data. Please refer to GreenaryHub privacy policy,
incorporated by reference herein, that is posted on the Website.
VI.
AGREEMENT TO BE BOUND
By using this Website
or ordering Products, 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. GreenaryHub
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, the act of God,
war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of
Operation. GreenaryHub 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 GreenaryHub and supersedes any prior agreements
pertaining to the subject matter contained herein.
Effect of Waiver. The
failure of GreenaryHub 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; Serampore. This Website originates from the Garalgacha
, Chanditala, Hooghly West Bengal. This Agreement will be governed by the laws
of the State of West Bengal without regard to its conflict of law principles to
the contrary. Neither you nor GreenaryHub 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 West
Bengal. By using this Website or ordering Products, 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 one (1) year 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. GreenarHub reserves
the right to terminate your access to the Website if it 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 GreenarHub may, in
its sole discretion and without advance notice to you, cancel any outstanding
orders for Products. If your access to the Website is terminated GreenarHub reserves
the right to exercise whatever means it deems necessary to prevent unauthorized
access of the Website. This Agreement will survive indefinitely unless and
until GreenarHub chooses, in its sole discretion and without
advance to you, to terminate it.
Domestic Use. GreenarHub 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.GreenarHub may assign its rights and obligations under this
Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING PRODUCTS
FROM THIS WEBSITE YOU AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
