Terms of Use

TERMS OF USE

Please Read Carefully. 

Last Updated:  October 21, 2022

The services that Swati Garg, LLC and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, hereinafter “Company,” “we,” “our,” and “us”) provide to you are subject to the terms and conditions set forth herein (“Terms of Use”), which govern your access to and/or use of our website and/or use of any applications, content, products, reviews and ratings, services and any sites Company may have now and/or in the future (collectively, the “Services”).  

By using the Services, you signify your agreement with this Terms of Use and are entering into a legally binding agreement with Company.  Please read this Terms of Use carefully.  If you do not accept this Terms of Use, now or in the future, please stop your use of the Services immediately, in which case any continuing access and/or use of the Services is unauthorized.  This Terms of Use expressly supersedes prior agreements and/or arrangements with you.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND COMPANY WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT AND/OR CLASS-WIDE ARBITRATION.  

1. PRIVACY POLICY

You also agree to Company’s privacy policy, located at http://www.ymiyp.com/privacy-policy-4/ (“Privacy Policy”) and consent to any personal information we may obtain about you being collected, stored, and/or otherwise processed in accordance with the Privacy Policy and this Terms of Use.

2. CHANGES TO TERMS

Subject to the conditions set forth herein, Company may, at any time, for any reason, in its sole discretion make changes to the Services and/or modify this Terms of Use.  If Company makes changes and/or modifications that affect your access to and/or use of the Services, Company will provide a notice of such changes only by posting the updated Terms of Use on the page and changing the “last updated” date listed above.  We may also provide you with additional forms of notice of modifications and/or updates as appropriate under circumstances.  If you do not agree with the changes and/or modifications, you shall not use the Services after the effective date of the changes.  Please revisit this Terms of Use regularly to ensure that you stay informed of any changes.

3. OVERVIEW

Company provides a platform called “Your Mindset is Your Pal”, which allows customers and merchants that comply with our policies and procedures to locate, market, buy, sell, and/or utilize resources for personal and professional development, and such other matters as Company may determine from time to time. Such resources may include, without limitation, books, webinars, podcasts, checklists and other materials to assist users in reaching their personal and professional goals. Company allows users to provide reviews and ratings for merchants with whom they have had first-hand experiences.  Company’s platform acts as a listing site that assists merchants for purposes of advertising, marketing and/or selling their products and/or services.  Company helps facilitate purchases between merchants and customers but does not actually transfer legal ownership of items. As a result, Company has no control over the quality, safety or legality of items listed and/or advertised or the ability of merchants to sell items or the ability of customers to pay for items. Our goal is to help those in need of locating a reputable merchant while also helping local businesses thrive and succeed; therefore, we encourage you to communicate directly with the merchants using the tools made available through the Services.

4. SCOPE OF USE

Eligibility.  To access and/or use the Services, you must be eighteen (18) years or older and have the requisite power and authority to enter into this Terms of Use and meet any other applicable requirements. The Services are not intended for and should not be used by anyone under the age of eighteen (18) unless Company receives legal parental or guardian consent.  Otherwise, you represent that you are over the age of eighteen (18) and are the intended recipient of the Services.  You may not access and/or use the Services for any purpose if either of the representations in the preceding sentence are not true.  You may not access or use the Services if you are a competitor of ours or if we have previously banned you from the Services or otherwise closed your account (if applicable).  

Use of Services and Availability.  Company retains the right, in our sole and absolute discretion, to deny service and/or access to and/or use of the Services to anyone at any time and for any reason without liability. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time.  You understand and agree that there may be interruptions to the Services and/or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of Company’s control. The Services may be modified, updated, suspended and/or discontinued at any time without notice and/or liability. 

Creating an Account.  You may, if the capability is available, establish an account through the Services.  Such account may require you to (i) indicate agreement to this Terms of Use, (ii) provide contact information, and (iii) submit any other form of authentication required during the enrollment process, as determined by Company in its sole and absolute discretion.  If you establish an account with Company, you agree to provide true, accurate and current information in connection with your account.  You are responsible for updating and correcting information you have submitted to create and/or maintain your account.  Any usernames and passwords used for the Services are for individual use only.  You are solely responsible for maintaining the security and confidentiality of the password you use to access your account.  You understand and agree that Company shall have no responsibility for any incident arising out of, or related to, your account settings.  Company will assume that anyone using the Services and/or transacting through your account is you.  Therefore, you further agree to immediately notify Company of any unauthorized use of your password and/or account and/or any other breach of security.  You may only create and hold one (1) account that you are solely responsible for managing and are prohibited from using other disguised identities when using the Services.  We may refuse to grant you an account with a name that impersonates someone else, if it may be illegal, vulgar, offensive, and/or if it may be protected by trademark and/or other proprietary rights, as determined by Company in its sole and absolute discretion.  Your account is non-transferable and may not be sold, combined and/or otherwise shared with any other person.  If you violate this Terms of Use we may terminate your account immediately.  Upon termination, the provisions of this Terms of Use that are by their nature intended to survive termination (including without limitation any disclaimers, limitations of liability and indemnities) shall survive such termination. 

If we terminate your account, you may not subscribe under a new account unless we formally invite you. If you commit fraud and/or falsify information in connection with your access to and/or use of the Services, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, and we may pursue legal action through relevant local and national law enforcement authorities and may notify your ‘Internet Service Provider’ of any fraudulent activity we associate with you and/or your access to and/or use of the Services.

Communications from Company.  By using the Services, you agree to receive certain communications in connection with the Services.  When you access and/or use the Services, you are communicating with us electronically, and you consent to receive communications from us electronically including but not limited to notices related to the Services provided to you via email.  You agree that all agreements, notices, disclosures and/or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.  Your consent to receive records and notices electronically will remain in effect until you withdraw it.  You may withdraw your consent to receive further records and notices electronically at any time by contacting us.  If you withdraw your consent to receive such records and notices electronically, we will revoke your access to the Services.  Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal.

Mobile Messaging.  You may agree to receive Company text messages to your mobile phone/device regarding the Services.  Your mobile number will be used to communicate with you by text message regarding the Services.  You understand and agree that text messages sent to your mobile phone/device may be generated using automated technology.  Your consent to receive text messages is not required to use the Services.  Your mobile carrier’s rates apply.  All charges are billed by and payable to your mobile service provider.  Company does not charge you for sending or receiving text messages.  Company will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your network operator. 

Your Responsibilities.  Company grants you the rights set forth herein, subject to the following conditions: 

1. You shall not write a fake or defamatory review, trade reviews with other businesses or compensate someone or be compensated to write or remove a review;
2. You shall not modify, disassemble, create derivative works, publicly display, reverse engineer and/or otherwise reduce to human-perceivable form all or any part of the Services;
3. You agree not to submit and/or transmit any emails, User Content (defined below) or other materials through the Services that contain a virus, worm, Trojan horse and/or any other harmful component designed to interrupt, destroy and/or limit the functionality of any computer software and/or hardware and/or telecommunications equipment, and/or that is designed to obtain unauthorized access to any information;
4. You shall not obtain or attempt to obtain any data through any means from the Services, except if we intend to provide and/or make it available to you;
5. You agree not to access or retrieve any portion of the Services for purposes of constructing a searchable database of business reviews;
6. You shall not pretend to be someone else, use someone else’s identify or misrepresent your affiliation with a person or entity, including misrepresenting a relationship with Company, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
7. You shall not copy or imitate part or all of the design, layout, and/or look-and-feel of the Services and/or individual sections of it, in any form or media;
8. You are responsible for the accuracy of the data and content that you submit;
9. You shall not submit User Content, in any form, that is harmful, offensive, inaccurate or otherwise inappropriate including without limitation libelous, defamatory, harassing, racially, ethnically and/or otherwise objectionable;
10. You agree not to take any action that would undermine the review and rating process through the Service;
11. You agree not to intentionally hold Company and/or their employees and/or directors up to public scorn, ridicule and/or defamation;
12. You will not promote and/or provide information about illegal activities and/or physical harm and/or injury to any group, individual, institution and/or property; 
13. You will not submit User Content that violates, plagiarizes and/or infringes the rights of third parties including, without limitation, copyright rights, trademarks, rights of privacy or publicity and/or any other proprietary right; and/or that is designed to obtain unauthorized access to any information; and
14. You shall not use the Services for any unlawful purpose and/or to violate any federal, state, international law, code of conduct and/or other guidelines which may be applicable to the Services provided.

Contribution Restrictions.  Your contributions to the Services, including but not limited to reviews, shall be unbiased and objective.  Please ensure that all contributions are relevant and appropriate to the Services.  We ask that you do not publicize other people’s private information and do not use full names unless you are referring to service providers and businesses.

5. CUSTOMER GUIDELINES AND PURCHASES

General.  Your correspondence and/or business dealings with, and/or participation in promotions of, merchants found on or through the Services, including without limitation payment and delivery of related goods or services, and any other terms, conditions, warranties, and/or representations associated with such dealings, are solely between you and such merchant. You acknowledge and agree that Company will not be responsible and/or liable for any loss and/or damage of any sort incurred as the result of any such dealings with such merchants or as a result of the presence of such merchants on the Services.  Prior to making a purchase, customers should review all of a merchant’s policies regarding refunds, returns and exchanges.  Company does not control the behavior of users of our Services and/or the information provided by other users that is made available through our Services.  For every transaction that is commenced through our Services, you must make your own independent determination regarding the statements, product descriptions and/or the representations of the other party and such party’s ability to deliver the goods and/or services offered.  Please use caution, common sense, and practice safe trading when dealing with other users and/or otherwise using the Services. 

Additional Rules for Purchases.  When purchasing an item, you acknowledge and agree that (a) you are responsible for reading the full item listing and any related descriptions before making a commitment to buy; (b) you enter into a legally binding agreement to buy an item when you complete the check-out process, and must immediately pay in full; (c) you understand that by confirming your purchase through our Services does not guarantee a sale; and (d) you agree to abide by the procedures and guidelines for conducting and participating in transactions through the Services including but not limited to this Terms of Use. 

Purchases.  Company does not investigate and/or vet merchants and is therefore not responsible for any performance and/or quality claims associated with the merchant’s offers and/or products.  Pricing relating to offerings and/or products are at the merchant’s discretion and may change at any time, without notice.  

Taxes.  Each state’s tax laws specify what purchases are subject to sales tax.  You acknowledge that you will have sole responsibility for all taxes, duties and other fees and charges relating to such order and you agree to pay all applicable amounts. 

Payment Processing.  Company uses a third party payment processors, including but not limited to PayPal, Inc. (“PayPal”) for payment processing.  By using the Services and agreeing to this Terms of Use, you also agree to be bound by PayPal’s applicable terms of service.  You are responsible for all transactions processed through PayPal.

Digital Licenses. After purchasing the digital license, you will be given access to the product materials in accordance with the listing instructions. When purchasing a digital license, you acknowledge and agree that you are responsible for paying the full license fee associated with the listing as well as a one percent (1%) royalty fee charged by the Company in connection with the license.  You agree to compensate Company the fee indicated through the Service. If any payment methods are declined by the online payment processor, you shall provide a new eligible payment method before receiving access to the digital license. In the event you have already been given access to the digital license and your payment method is declined, Company reserves the right to collect any and all outstanding receivables or terminate your access to the digital license and related product.

6. USE OUTSIDE DEFINED AREA 

Please be aware that our Services are subject to United States laws, including laws governing privacy and security of your information.  Those who choose to access the Services from other locations do so at their own risk and are responsible for compliance with applicable local laws.  This Terms of Use is written in English.  To the extent any translated version of this Terms of Use conflicts with the English version, the English version controls.   In the event you are using the Services outside of the United States, you agree as follows: (i) you consent to having your personal data transferred to and processed in the United States; (ii) if you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of ‘Specially Designated Nationals’ you will not engage in commercial activities on the Services (such as advertising or payments); and/or (iii) you will not use the Services if you are prohibited from receiving products, services or software originating from the United States. 

7. ERRORS, INACCURACIES, OMISSIONS AND PERFORMANCE

Occasionally there may be information on the Services that contain typographical errors, inaccuracies, and/or omissions that may relate to services, contact information, address, and events.  We reserve the right to: (i) correct any errors, inaccuracies, and/or omission; and/or (ii) make changes to content, events, descriptions, service and/or other information without obligation to issue any notice of such changes, except as prohibited by law.  We also reserve the right to revise, suspend and/or terminate an event and/or promotion at any time without notice and without liability.

8. PROPRIETARY RIGHTS AND LICENSES

Ownership. The Services, any content and/or products on the Services and the infrastructure used to provide the Services are proprietary to Company, our affiliates, and other content providers.  By using the Services and accepting this Terms of Use, Company grants you a limited, personal, nontransferable, nonexclusive, revocable right to access and/or use the Services pursuant to this Terms of Use and to any additional terms and policies set forth by Company.  Neither this Terms of Use nor your use of the Services convey and/or grant to you any rights: (i) in or related to the Services except for the limited license granted above; and (ii) to use or reference in any manner Company’s names, logos, product and service names, trademarks or services marks or those of Company’s licensors.

Reservation of Rights.  The materials, headers, videos, illustrations, photographs, graphics and content on the Services, as well as the organization and layout of the Services, are copyrighted and are protected by United States and international copyright laws and treaty provisions.  Subject to the limited rights expressly granted hereunder, Company and/or its third-party providers reserve all right, title and interest in and to the services and content, including all related worldwide intellectual property rights.  No rights are granted to you hereunder other than as expressly set forth herein. 

User Content.  Please carefully choose the information that you post on, through and/or in connection with the Services.  You acknowledge and agree that you have no expectation of privacy with regard to any information, content, discussions, images, photographs, video, sound, descriptions, comments, reviews, ratings, responses, posts and/or messages (“User Content”) through communication facilities that may be offered on, through, and/or in connection with the Services from time to time.  You assume all risks associated with User Content, including anyone’s reliance on its quality, accuracy, and/or reliability by you.  You also represent that you own, and/or have the necessary permissions to use and authorize use of User Content as described in this Terms of Use.  You hereby grant Company a worldwide, perpetual, non-exclusive, royalty-free, irrevocable, assignable, sub-licensable, transferable license to use the User Content for any purpose including after termination of your account (if applicable).  You further hereby irrevocably grant the other users of the Services, the right to access and/or use User Content in connection with their use of the Services in accordance with this Terms of Use.  You shall not imply that User Content is in any way sponsored and/or endorsed by Company.   

Feedback. If you provide us (in a direct mail, email and/or otherwise) with any feedback, suggestions, improvements, enhancements, reviews, recommendations and/or feature requests relating to the Services (“Feedback”), then you grant to Company a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate any such Feedback. Company has no obligation to review any Feedback and may use and redistribute Feedback for any purpose without restriction in its sole and absolute discretion.  

Reviews.  Company allows users to provide reviews and ratings for merchants with whom they have had first-hand experiences.  Please note that any business referenced in the review will have the opportunity to reply and/or comment. 

Other.  User Content does not necessarily reflect the opinion of Company.  We reserve the right to remove, screen, edit or reinstate User Content from time to time in the sole and absolute discretion of Company and without notice to you.  We have no obligation to retain or otherwise provide you with copies of User Content.  

Prohibited Use

Gathering email addresses from Company through harvesting or automated means is prohibited.  Posting and/or transmitting unauthorized and/or unsolicited advertising, promotional materials, and/or any other forms of solicitation to other users is prohibited.  We also prohibit crawling, scraping, caching, and/or otherwise accessing any content on the Services via automated means (except as may be the result of standard search engine protocols and/or technologies used with Company’s express written consent).  You may not use the Services in any manner that could damage, disable, overburden, and/or impair the Services and/or interfere with any other party’s use and/or enjoyment of the Services.  

9. USER DISPUTES; SAFETY

Disputes.  Company generally does not, and will not be obligated in any way to, pre-screen, monitor and/or edit any User Content posted by users of the Services.  However, Company reserves the right to remove any User Content that, in its sole discretion, does not comply with this Terms of Use and/or is otherwise harmful, offensive, objectionable, competitive and/or inaccurate.  Company has no liability or responsibility to users of the Services and/or any other person and/or entity for performance and/or nonperformance of the aforementioned activities. 

Safety.  We encourage safe communication and interaction through our Services.  When you post a review and/or rating, such contribution to the Services is intended for public consumption and are therefore viewable by the public.  Please exercise your best judgment when posting personal information on the Internet. 

Verification.  You understand that Company acts only as a platform and interface that provides information about various merchants, their products and/or services and related information.  Company does not itself verify the qualifications of organizations, nor does it evaluate or control in any ongoing manner exchanges between users. Any opinions or statements expressed by a user are of those of the user alone, and are not to be attributed to Company. Company cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality and/or applicability of anything said, written, posted, displayed and/or otherwise made available by any user.  Please use caution and common sense when using the Services.  Company does not endorse and is not responsible or liable for any User Content, data, advertising, products, goods or services available or unavailable from, or through, any third party or merchant listed through the Services. You agree that should you use or rely on such data, advertisement, products, goods or services, available or unavailable from, or through any third party or merchant listed on the Services, then Company is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any merchant, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such merchant. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging merchants.  Company is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with any merchant’s products and/or services.

10. TERMINATION

If you violate this Terms of Use and/or if we have grounds to suspect that you violated this Terms of Use and/or other use parameters included on the Services, we may refuse use of the Services (or any portion thereof).  Company also reserves the right, in its sole discretion, to terminate your access to the Services or any portion thereof at any time, without cause and/or without notice and without liability.  In the event you fail to pay for the access granted (if applicable), and/or share the access granted with any person and/or entity, and/or misuse the system by any means actionable under a federal, state, and/or local statute, code, regulation, law, and/or civil action, Company will consider your access as having been acquired by fraud and/or misrepresentation and will terminate your access.  In such a case, Company retains the right to seek civil and/or criminal redress, the entire cost of which shall be borne solely by you. 

11. INDEMNIFICATION AND WAIVER

You shall indemnify, defend and hold harmless Company, its officers, agents, employees, contractors, subcontractors, suppliers and representatives from and against any and all claims, demands, proceedings, losses, costs, damages, awards, fees, expenses, or liabilities of any nature (“Claim”) arising out of and/or in the relation to (i) use of User Content in the event of an infringement, violation, trespass, contravention and/or breach of any third party, and/or constitutes the unauthorized use and/or misappropriation of any trade secret of any third party, (ii) your use of Company’s Services; (iii) any breach of this Terms of Use by you, your officers, agents, employees, contractors and/or representatives; (iv) anything related to the relationship between the you and other users of the Services, including any transactions with merchants or any products and/or services you purchase from such merchants; and/or (v) fraud you commit and/or your intentional misconduct and/or negligence.  You shall give prompt notice to Company upon your receipt of notice of any Claim against you which might give rise to a claim against Company.  

You acknowledge and agree that by accessing or using the Services, you may be exposed to materials (including shared group content) from others that you may consider offensive, indecent or otherwise objectionable, and agree to accept that risk.

12. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

THE SERVICES AND ANY CONTENT ARE PROVIDED BY COMPANY TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY AND/OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE, SYSTEMS INTEGRATION, ACCURACY, AND FROM COURSE OF DEALING, USAGE AND/OR TRADE PRACTICE, ALL OF WHICH COMPANY EXPRESSLY DISCLAIMS.  WITHOUT LIMITING THE FOREGOING, COMPANY AND/OR ITS LICENSORS MAKE NO WARRANTY THAT (A) THE SERVICES AND/OR CONTENT WILL MEET YOUR REQUIREMENTS AND/OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, AND/OR CONTENT WILL BE EFFECTIVE, ACCURATE AND/OR RELIABLE; AND/OR (C) COMPANY WILL NOT BE LIABLE AND/OR OTHERWISE RESPONSIBLE FOR ANY FAILURE AND/OR DELAY IN UPDATING THE SERVICES AND/OR ANY CONTENT.  NO ADVICE AND/OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY AND/OR THROUGH AND/OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF USE. 

13. LIMITATION OF LIABILITY

YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR OWN RISK.  IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, AND/OR SUPPLIERS BE LIABLE TO YOU AND/OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA AND/OR PROFITS, WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY, AND/OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.  THE FOREGOING SHALL APPLY DESPITE ANY NEGLIGENCE, MISCONDUCT, ERRORS AND/OR OMISSIONS BY COMPANY, ITS EMPLOYEES, REPRESENTATIVES AND/OR AGENTS.  BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, COMPANY’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

COMPANY’S MAXIMUM AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS PARTNERS AND LICENSORS, TO YOU IN ANY CIRCUMSTANCE ARISING OUT OF AND/OR RELATING TO THE SERVICES IS LIMITED TO ONE HUNDRED DOLLARS (US$100.00).

14. LINKED SITES

The Services may provide links to various other independent third-party websites (“Linked Sites”) that may be of interest to you and for your convenience only.  Company does not control and/or endorse such Linked Sites and is not responsible for their content nor is it responsible for the accuracy and/or reliability of any information, data, opinions, advice or statements contained within such Linked Sites.  You will need to make your own independent judgment regarding your interaction with these Linked Sites at your own risk.  We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Linked Site that you visit.  Company reserves the right to terminate any link and/or linking program at any time.  Company disclaims all warranties, express and implied, as to the accuracy, validity, and legality and/or otherwise of any materials or information contained on such Linked Sites. 

15. THIRD-PARTY SERVICES 

The Services may be made available and/or accessed in connection with third-party services and content that Company does not control.  Company may post advertisements of third parties through the Services, including without limitation promotions of advertisers, organizations, merchant coupons and/or offers, event opportunities, and/or sponsors showing their goods and services. Your correspondence, participation in, and/or any other dealings with third parties found through the Services are solely between you and such third party.  Company does not endorse such third-party services and content and in no event shall Company be liable for any products and/or services of such third-party providers.  You agree that Company shall not be responsible for any loss and/or damage of any sort incurred as a result of any such dealings and/or as the result of the presence of such third parties through the Services.  Moreover, Company shall not be responsible and/or liable for the accuracy, quality, suitability, currency and/or content of the statements and/or conduct of any third party on the Services. 

16. NO PROFESSIONAL ADVICE 

The information available on the Services is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance.  Company does not, will not and cannot refer, recommend and/or endorse any specific professional service, product and/or procedures that are advertised on the Services.  The Service is not a substitute for professional advice, and you should not construe this as legal, accounting, medical and/or other professional advice. 

17. DISPUTE RESOLUTION

Disputes.  We want to address your concerns without needing a formal legal case.  Before filing a claim against Company, you agree to try to resolve the dispute informally by contacting us at ymiyp@swatigarg.com.  We will try to resolve the dispute by contacting you via email, but if we cannot resolve the dispute within thirty (30) days of submission, you and/or Company agree to resolve any claims related to this Terms of Use through final and binding arbitration, except as forth under ‘Exceptions to Agreement to Arbitrate’ section below and/or you opt out as described below.

Opt-Out.  You can opt-out and decline this agreement to arbitrate by contacting Company within thirty (30) days from the date that you first became subject to this arbitration provision (i.e.: the date you initially accepted this Terms of Use).  You must write us at Swati Garg, LLC, Attn: Opt-Out Arbitration, 1 E. Erie Street, Suite 525-2257, Chicago, Illinois 60611.  If you opt out, neither you nor Company can require the other to participate in an arbitration proceeding.

Arbitration Procedures.  Except in the event the claim meets the requirements set forth in the ‘Exceptions to Agreement to Arbitrate’ section below and/or if you opt out of arbitration as described below, all claims shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association.  Any such controversy and/or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.  All information relating to and/or disclosed by any party in connection with the arbitration of any disputes shall be treated by the parties, their representatives, and the arbitrator as proprietary business information and shall not be disclosed without prior written authorization of the disclosing party.  The arbitration shall be held in Cook County, Illinois USA or any other location we agree to. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.  

Exceptions to Agreement to Arbitrate.  Either you and/or Company may assert claims, if it qualifies, in small claims court in Cook County, Illinois. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use and/or abuse of the Services, breach of Company’s confidential information and/or intellectual property infringement (for example, trademark, trade secret, copyright and/or patent rights) without first engaging in arbitration and/or the informal dispute-resolution process described herein.

Judicial Forum for Disputes. In the event that the agreement to arbitrate is found not to apply to you and/or your claim, you and Company agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Cook County, Illinois.  Both you and Company consent to the foregoing venue and jurisdiction.

18. DMCA COPYRIGHT POLICY AND COPYRIGHT AGENT

Company respects the intellectual property rights of others and expects you to do the same.  We reserve the right to block access to and/or remove material that we believe in good faith to be copyrighted material that has been illegally distributed by you and/or other third parties and remove and discontinue service to repeat offenders. We will respond to clear notices of copyright infringement when you provide the following:  

(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) identification of the copyrighted work claimed to have been infringed;

(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;

(d) information sufficient to permit Company to contact you, such as your physical address, telephone number, and, if available, an electronic mail address;

(e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Contact information for Company’s DMCA Agent for notice of claims of copyright infringement is: Swati Garg, LLC, Attn: Copyright Agent, 1 E. Erie Street, Suite 525-2257, Chicago, Illinois 60611.

The Copyright Agent will not remove content from the Services in response to phone or email notifications regarding allegedly infringing content, since a valid DMCA notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. Please submit such notifications by fax or ordinary mail only and as further described by this Section. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the Services linked to and/or from the Services. All other inquiries directed to the Copyright Agent will not be responded to.

19. MISCELLANEOUS
    If any provision and/or term of this Terms of Use shall become and/or be declared illegal, invalid and/or unenforceable for any reason whatsoever, such term and/or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from it. This Terms of Use shall be governed in all respects by the laws of the State of Illinois, without reference to its choice of law rules.  If an applicable law is in conflict with any part of this Terms of Use, this Terms of Use will be deemed modified to conform to the law and the other provisions will not be affected by any such modification.  No waiver by either you and/or Company of any breach and/or default and/or failure to exercise any right allowed under this Terms of Use is a waiver of any preceding and/or subsequent breach and/or default and/or waiver and/or forfeiture of any similar and/or future rights under this Terms of Use.

Contact us: If you would like to request additional information regarding this Terms of Use, please contact us at ymiyp@swatigarg.com.