The “Binesh Design” Web Site (the “Site”), Products (the “Products”) and Services (the “Service”) is an online service provided by Binesh Design Company, subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE, SERVICE OR PURCHASE OF ANY PRODUCTS. BY ACCESSING OR USING THE SITE, SERVICES, OR PURCHASING A PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE, SERVICES, OR PRODUCTS. Binesh Design Company MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE, SERVICES OR PRODUCTS SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site, Services and Products are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Binesh Design Company, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site, Services or Products solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Binesh Design Company a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums, newsgroups, and reviews) or by e-mail to Binesh Design Company by all means and in any media now known or hereafter developed. You also grant to Binesh Design Company the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Binesh Design Company for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Binesh Design Company.
TRADEMARKS.
Publications, products, content or services referenced herein or on the Site, Services or Products are the exclusive trademarks or servicemarks of Binesh Design Company. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by Binesh Design Company, Binesh Design Company does not operate, control or endorse any information, products or services on the Internet in any way. Except for Binesh Design Company- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with Binesh Design Company. You also understand that Binesh Design Company cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, SERVICES, PRODUCTS AND THE INTERNET. Binesh Design Company PROVIDES THE SITE, SERVICES, PRODUCTS AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Binesh Design Company SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. Binesh Design Company DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Binesh Design Company HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL Binesh Design Company BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Binesh Design Company OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Binesh Design Company LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.Binesh Design Company makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Binesh Design Company web site, please understand that it is independent from Binesh Design Company, and that Binesh Design Company has no control over the content on that web site. In addition, a link to a Binesh Design Company web site does not mean that Binesh Design Company endorses or accepts any responsibility for the content, or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless Binesh Design Company, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of Binesh Design Company and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
5.Medical Disclaimer.
This Site, Services and Products is not intended as medical or professional advice or remedy. The Information, Services, and Products provided are intended to give you the tools to make informed decisions about your lifestyle and to improve your personal outlook in life, not health. It should not be used as a substitute for any treatment that has been prescribed or recommended by your doctor or qualified healthcare professional.
Binesh Design Company and its officers, directors, employees, agents, licensors, suppliers, and any third party providers to the service expressly disclaim any responsibility for any adverse effects occurring as a result of use of the suggestions, Services, or Products provided on this Site. Binesh Design Company does not and cannot claim this to be, in any way, shape, or form, a substitute for any surgical, drug, or other body-related treatments for your individual case. This Site, Services and Products is offered as current techniques and products available for your own outlook in life. If you suspect you have a serious condition, it is imperative that you seek proper medical attention. And, as always, never begin any new procedures or exercises, including anything mentioned on this Site, Services and Products without first consulting with your doctor or a qualified healthcare professional.
Binesh Design Company does not claim to cure or remedy any illness, chronic disorder, or health condition. No promises or health claims are made for this Site, Services and Products. You agree to assume any and/or all risk associated with or derived from, directly or indirectly, the usage of the information contained on this Site, Services and Products. Binesh Design Company and its officers, directors, employees, agents, licensors, suppliers, and any third party providers to the service shall have neither responsibility nor liability for the consequences, injuries, or loss relating to the information, Services, and Products provided on this Site.
6.No Warranty.
Best efforts have been used to prepare the material presented on this Site, Services and Products. Binesh Design Company and its officers, directors, employees, agents, licensors, suppliers, and any third party providers to the service however do not warrant the results for the effectiveness of the Services or Products provided on this Site. Results vary due to individual efforts and factors. Binesh Design Company may not be held liable, in any circumstance, for damages or loss, including but not limited to special or incidental cases.
By reading the information contained on this Site, using the Services and Products you agree that you understand that the content provided is for educational and entertainment purposes only. By reading the information found on this Site, using the Services or Products you agree that you will check, or do already understand, and will abide by all state, federal and local laws, rules, statutes, regulations and community standards in the use of the material, Services, and Products. If necessary, you will seek proper legal or professional advice beforehand.
7.Refund Policy.
All transactions are backed up by the official return policy of Binesh Design Company as the following. Binesh Design Company will, at its discretion, allow for the return or replacement of any product shipped with your order within 30 days from the date of purchase. For recurring billing products, returns for more than one payment may be provided if requested within 60 days. After 30 days all sales are final. Sales of Services are final and no refunds will be provided after the Service is provided no exceptions.
NOTE: In case that a physical Item is shipped with your order, the shipped item needs to be returned to the address provided by Binesh Design Company in the original packaging and undamaged prior to the issue of a refund.
8.Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws of Maryland applicable to agreements made and to be performed in Maryland. You agree that any legal action or proceeding between Binesh Design Company and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Maryland. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Binesh Design Company’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Binesh Design Company may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.