MADHAVA TERMS and CONDITIONS
Agreement between user and www.MadhavaSweeteners.com
Welcome to www.MadhavaSweeteners.com. The www.MadhavaSweeteners.com website (the “Site”) is comprised of various web pages operated by Madhava Honey, Ltd. dba Madhava Natural Sweeteners. The Site is offered to you conditioned on your acceptance without modification of the Terms, conditions, and notices contained herein (the “Terms”). Your use of www.MadhavaSweeteners.com constitutes your agreement to all such Terms. Please read these Terms carefully, and keep a copy of them for your reference.
www.MadhavaSweeteners.com is a News and Information Site
Visiting www.MadhavaSweeteners.com or sending emails to Madhava Honey, Ltd. dba Madhava Natural Sweeteners constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Madhava Honey, Ltd. dba Madhava Natural Sweeteners does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.MadhavaSweeteners.com only with permission of a parent or guardian.
Links to third party sites/Third party services
www.MadhavaSweeteners.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Madhava Honey, Ltd. dba Madhava Natural Sweeteners and Madhava Honey, Ltd. dba Madhava Natural Sweeteners is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Madhava Honey, Ltd. dba Madhava Natural Sweeteners is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Madhava Honey, Ltd. dba Madhava Natural Sweeteners of the site or any association with its operators.
Certain services made available via www.MadhavaSweeteners.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.MadhavaSweeteners.com domain, you hereby acknowledge and consent that Madhava Honey, Ltd. dba Madhava Natural Sweeteners may share such information and data with any third party with whom Madhava Honey, Ltd. dba Madhava Natural Sweeteners has a contractual relationship to provide the requested product, service or functionality on behalf of www.MadhavaSweeteners.com users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Madhava Honey, Ltd. dba Madhava Natural Sweeteners or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Madhava Honey, Ltd. dba Madhava Natural Sweeteners content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Madhava Honey, Ltd. dba Madhava Natural Sweeteners and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Madhava Honey, Ltd. dba Madhava Natural Sweeteners or our licensors except as expressly authorized by these Terms.
Whether on behalf of yourself or on behalf of any third party, unless you have the express prior written consent of Madhava Natural Sweeteners, YOU MAY NOT:
(a) Make any commercial use of the MADHAVA NATURAL SWEETENERS Website or its Content, including making any collection or use of any product listings, descriptions, prices, or images;
(b) download, copy, or transmit any Content for the benefit of any other merchant;
(c) use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the MADHAVA NATURAL SWEETENERS Website;
(d) frame, mirror, or use framing techniques on any part of the MADHAVA NATURAL SWEETENERS Website;
(e) make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing MADHAVA NATURAL SWEETENERS Website content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms & Conditions;
(f) use any meta tags or any other hidden text utilizing MADHAVA NATURAL SWEETENERS’s name or trademarks;
(g) misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the MADHAVA NATURAL SWEETENERS Website, or express or imply that we endorse any statement you make;
(h) use a buying agent to conduct transactions on the MADHAVA NATURAL SWEETENERS Website;
(i) conduct fraudulent activities on the MADHAVA NATURAL SWEETENERS Website;
(j) violate or attempt to violate the security of the MADHAVA NATURAL SWEETENERS Website, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the functionality of the MADHAVA NATURAL SWEETENERS Website; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the MADHAVA NATURAL SWEETENERS Website, overloading, “flooding,” “spamming,” “mailbombing”, or “crashing”; (v) forging any header or any part of the header information in any e-mail or posting; or (vi) forging communications on behalf of the MADHAVA NATURAL SWEETENERS Website (impersonating the MADHAVA NATURAL SWEETENERS Website) or to the MADHAVA NATURAL SWEETENERS Website (impersonating another user);
(k) send unsolicited or unauthorized email on behalf of MADHAVA NATURAL SWEETENERS, including promotions and/or advertising of products or services;
(l) tamper with the MADHAVA NATURAL SWEETENERS Website or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the MADHAVA NATURAL SWEETENERS Website or any activity being conducted on the MADHAVA NATURAL SWEETENERS Website;
(m) use the MADHAVA NATURAL SWEETENERS Website to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;
(n) harvest or collect personally identifiable information about other users of the MADHAVA NATURAL SWEETENERS Website;
(o) restrict or inhibit any other person from using the MADHAVA NATURAL SWEETENERS Website (including, without limitation, by hacking or defacing any portion of the MADHAVA NATURAL SWEETENERS Website);
(p) use the MADHAVA NATURAL SWEETENERS Website to advertise or offer to sell or buy (other than from MADHAVA NATURAL SWEETENERS) any goods or services;
(q) reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the MADHAVA NATURAL SWEETENERS Website;
(r) modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the MADHAVA NATURAL SWEETENERS Website; or
(s) remove any copyright, trademark, or other proprietary rights notice from the MADHAVA NATURAL SWEETENERS Website or materials originating from the MADHAVA NATURAL SWEETENERS Website.
Third Party Accounts
You will be able to connect your Madhava Honey, Ltd. dba Madhava Natural Sweeteners account to third party accounts. By connecting your Madhava Honey, Ltd. dba Madhava Natural Sweeteners account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Madhava Honey, Ltd. dba Madhava Natural Sweeteners from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Madhava Honey, Ltd. dba Madhava Natural Sweeteners Content accessed through www.MadhavaSweeteners.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Madhava Honey, Ltd. dba Madhava Natural Sweeteners, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Madhava Honey, Ltd. dba Madhava Natural Sweeteners reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Madhava Honey, Ltd. dba Madhava Natural Sweeteners in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MADHAVA HONEY, LTD. DBA MADHAVA NATURAL SWEETENERS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
MADHAVA HONEY, LTD. DBA MADHAVA NATURAL SWEETENERS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MADHAVA HONEY, LTD. DBA MADHAVA NATURAL SWEETENERS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IF NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION IS PROVIDED THROUGH THE MADHAVA NATURAL SWEETENERS WEBSITE, MADHAVA NATURAL SWEETENERS DOES NOT REPRESENT OR WARRANT THAT SUCH INFORMATION IS ACCURATE OR COMPLETE. ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR MADHAVA NATURAL SWEETENERS WEBSITE AND THAT YOU CONSULT THE PRODUCT’S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT.
Madhava Honey, Ltd. dba Madhava Natural Sweeteners reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado and you hereby consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Madhava Honey, Ltd. dba Madhava Natural Sweeteners as a result of this agreement or use of the Site. Madhava Honey, Ltd. dba Madhava Natural Sweeteners’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Madhava Honey, Ltd. dba Madhava Natural Sweeteners’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Madhava Honey, Ltd. dba Madhava Natural Sweeteners with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Madhava Honey, Ltd. dba Madhava Natural Sweeteners with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Madhava Honey, Ltd. dba Madhava Natural Sweeteners with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Madhava Honey, Ltd. dba Madhava Natural Sweeteners reserves the right, in its sole discretion, to change the Terms under which www.MadhavaSweeteners.com is offered. The most current version of the Terms will supersede all previous versions. Madhava Honey, Ltd. dba Madhava Natural Sweeteners encourages you to periodically review the Terms to stay informed of our updates.
Madhava Honey, Ltd. dba Madhava Natural Sweeteners welcomes your questions or comments regarding the Terms:
Madhava Honey, Ltd. dba Madhava Natural Sweeteners
14300 E. I-25 Frontage Rd.
Longmont, Colorado 80504
Email Address: hello@MadhavaSweeteners.com
Telephone number: 303.823.9900
Effective as of February 05, 2014
MADHAVA NATURAL SWEETENERS and other related marks, design marks, product names, feature names and related logos used in the MADHAVA NATURAL SWEETENERS Website are trademarks of Madhava Honey, Ltd. dba Madhava Natural Sweeteners and may not be used, copied or imitated, in whole or in part, without the express prior written permission of MADHAVA NATURAL SWEETENERS. In addition, the look and feel of the MADHAVA NATURAL SWEETENERS Website constitutes the service mark, trademark and/or trade dress of MADHAVA NATURAL SWEETENERS and may not be copied imitated or used, in whole or in part, without the express prior written permission of MADHAVA NATURAL SWEETENERS. MADHAVA NATURAL SWEETENERS’s trademarks and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion among customers, or in any manner that disparages MADHAVA NATURAL SWEETENERS or suggests a sponsorship, affiliation or endorsement by MADHAVA NATURAL SWEETENERS.
All other trademarks, service marks, logos, slogans, domain names and trade names are the properties of their respective owners.
You may be required to register with MADHAVA NATURAL SWEETENERS in order to access certain services or areas of the MADHAVA NATURAL SWEETENERS Website. If you are required to register with MADHAVA NATURAL SWEETENERS, we may not be able, or we may refuse, to provide you the user name you request. Your user name and password are for your personal use only. If you use the MADHAVA NATURAL SWEETENERS Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to MADHAVA NATURAL SWEETENERS including those set forth in these Terms & Conditions, MADHAVA NATURAL SWEETENERS reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.
USER REVIEWS, COMMENTS, AND SUBMISSIONS
If the MADHAVA NATURAL SWEETENERS Website allows you to submit reviews, comments, and other communications, photos, videos, or any other content (“User Content”) through or to the MADHAVA NATURAL SWEETENERS Website, MADHAVA NATURAL SWEETENERS welcomes such User Content as long as the User Content submitted by you complies with these Terms & Conditions.
You agree that any User Content that you submit: (i) will be accurate; (ii) will not violate or facilitate the violation of any law or regulation; (iii) will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; (iv) will not cause injury to any person or entity; and (v) will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam”, or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and MADHAVA NATURAL SWEETENERS assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party.
For any User Content you submit, you grant to MADHAVA NATURAL SWEETENERS a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to MADHAVA NATURAL SWEETENERS the right, without any obligation, to include the name provided along with the User Content submitted by you. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
Content is also provided by third party visitors to the MADHAVA NATURAL SWEETENERS Website. Please note that visitors to the MADHAVA NATURAL SWEETENERS Website may post content that is inaccurate, misleading, or deceptive. MADHAVA NATURAL SWEETENERS neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. MADHAVA NATURAL SWEETENERS will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the parties who submitted such opinions and may not reflect the opinions of MADHAVA NATURAL SWEETENERS.
DMCA NOTICE – NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
MADHAVA NATURAL SWEETENERS’s policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on the MADHAVA NATURAL SWEETENERS Website can be identified and removed using the process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide MADHAVA NATURAL SWEETENERS’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying MADHAVA NATURAL SWEETENERS that your copyrighted material has been infringed. MADHAVA NATURAL SWEETENERS does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, MADHAVA NATURAL SWEETENERS will respond by either taking down the allegedly infringing content or blocking access to it. MADHAVA NATURAL SWEETENERS may contact the notice provider to request additional information. Under the DMCA, MADHAVA NATURAL SWEETENERS is required to take reasonable steps to notify the user who posted the allegedly infringing content (“Alleged Infringer”). The Alleged Infringer is allowed under the law to send MADHAVA NATURAL SWEETENERS a counter-notification. Notices and counter-notices are legal notices distinct from regular MADHAVA NATURAL SWEETENERS Website activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys’ fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.
To file a DMCA notice, the copyright owner must send in a written letter by fax, regular mail, or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.
A DMCA notice must:
1. Identify specifically the copyrighted work(s) believed to have been infringed (for example, “My copyrighted work is the picture that appears at [list location where material is located].”);
2. Identify the Content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the MADHAVA NATURAL SWEETENERS Website. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
3. Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);
4. If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
5. Include the following statement: “I have 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”;
6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;
7. Be signed; and
8. Be sent to our DMCA designated agent at the following address:
Madhava Natural Sweeteners
14300 E. I-25 Frontage Rd.
Longmont, CO 80504
IF THE MADHAVA NATURAL SWEETENERS WEBSITE INCLUDES HEALTHCARE OR NUTRITIONAL INFORMATION, THAT INFORMATION IS INTENDED FOR EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT, IT IS NOT A SUBSTITUTE FOR A MEDICAL EXAM, AND IT DOES NOT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS.
We provide information through the MADHAVA NATURAL SWEETENERS Website for your information and enjoyment. Your use of the MADHAVA NATURAL SWEETENERS Website is strictly voluntary. Because some of the information in the MADHAVA NATURAL SWEETENERS Website may relate to modifications to your diet, you agree to use your good judgment and reasonable care prior to making any changes to your lifestyle. By using the MADHAVA NATURAL SWEETENERS Website, you assume the risks associated with the activities in which you will be participating. Such risks may include, but are not limited to, the risk of physical injury or other harm. You, and you alone, are solely responsible for taking proper care to limit your risk.
You knowingly and voluntarily do hereby indemnify, release, acquit, waive, forever discharge, and covenant not to sue MADHAVA NATURAL SWEETENERS, its employees, agents, any related affiliate and/or subsidiary entities from and against any and all liabilities, costs and expenses (including without limitations, any reasonable fees and expenses of its attorneys and consultants) relating to or arising out of any claims, demands or causes of action of every kind and character (including, without limitation, personal injury and property damage claims) as a result of the information and materials offered by MADHAVA NATURAL SWEETENERS through the MADHAVA NATURAL SWEETENERS Website.
RULES FOR PROMOTIONS
NOTICE FOR CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the MADHAVA NATURAL SWEETENERS Website, please send an email to email@example.com. You may also contact us by writing to 14300 E. I-25 Frontage Rd. Longmont, CO 80504, or by calling us at 303.823.9900. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
APPLICABLE LAW; DISPUTES
YOU AGREE THAT ALL MATTERS RELATING TO YOUR ACCESS TO OR USE OF THE MADHAVA NATURAL SWEETENERS WEBSITE AND ALL MATTERS ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS, INCLUDING ALL DISPUTES, WILL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, UNITED STATES OF AMERICA, WITHOUT REGARD TO TEXAS’ CHOICE OF LAW PRINCIPLES. YOU FURTHERMORE AGREE THAT THE FORUM AND VENUE FOR ANY LEGAL ACTION ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS SHALL BE THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. IF SUBJECT MATTER JURISDICTION (INCLUDING DIVERSITY JURISDICTION) DOES NOT EXIST IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS, THEN THE EXCLUSIVE FORUM AND VENUE FOR ANY SUCH ACTION SHALL BE THE COURTS OF THE STATE OF TEXAS LOCATED IN TRAVIS COUNTY, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES PURSUANT TO THIS AGREEMENT SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE MADHAVA NATURAL SWEETENERS WEBSITE AND/OR THESE TERMS & CONDITIONS WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE.
These Terms & Conditions, including policies and information linked from or incorporated herein, constitute the entire agreement between you and MADHAVA NATURAL SWEETENERS with respect to the MADHAVA NATURAL SWEETENERS Website and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the MADHAVA NATURAL SWEETENERS Website. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms & Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.