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"Our commitment
is to provide a high quality legal service" 1.
Copyright
MEMBER EXPRESSLY UNDERSTANDS AND AGREES THAT:
(A) MEMBER'S USE OF THE SERVICE IS AT MEMBER'S SOLE RISK.
BHATIABEST SOLICITORS AND ITS SUPPLIERS PROVIDE THE SERVICE,
INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS
AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH
THE SERVICE, AND THE MEMBER SITE(S) "AS IS" AND WITHOUT
ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT.
(B) BHATIABEST SOLICITORS AND ITS SUPPLIERS MAKE NO WARRANTY
THAT
(i) THE SERVICE WILL MEET MEMBER'S REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE
OR ERROR-FREE, AND
(iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION
OR OTHER MATERIAL PURCHASED OR OBTAINED BY MEMBER THROUGH
THE SERVICE WILL MEET MEMBER'S EXPECTATIONS.
(C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICE, OR MEMBER SITES IS DONE AT MEMBER'S
OWN DISCRETION AND RISK, AND MEMBER WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL BHATIABEST SOLICITORS AND/OR ITS SUPPLIERS
BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS
(HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF BHATIABEST
SOLICITORS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION
WITH (A) THE USE OR INABILITY TO USE THE SERVICE, (B)
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) FOR
ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING
OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER
RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE
LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY
NOT APPLY TO MEMBER. IN NO EVENT SHALL BHATIABEST SOLICITORS
'S AGGREGATE LIABILITY TO MEMBER AND/OR ANY THIRD PARTY
ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE
AMOUNT MEMBER ACTUALLY PAYS TO BHATIABEST SOLICITORS UNDER
THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING
THE DATE THE CLAIM AROSE OR £250.00, WHICHEVER IS LESS.
Without limiting the foregoing, neither Bhatiabest Solicitors
nor its suppliers is responsible for any of Member's data
residing on the Service or Bhatiabest Solicitors 's suppliers'
hardware. Member is responsible for backing-up Member's
data and information that may reside on the Service or
Bhatiabest Solicitors 's suppliers' hardware, whether
or not such information is produced through the use of
the Service. It is Member's responsibility to take the
necessary steps to ensure that Member's primary means
of business is maintained (if applicable).
2.
Proprietary Rights to Member Content
Bhatiabest Solicitors does not claim ownership of the
Member Content that Member provides to Bhatiabest Solicitors
and/or places on the Member Site. However, Member grants
Bhatiabest Solicitors a worldwide, royalty-free, non-exclusive
license to (i) host, use, reproduce, modify, distribute,
transmit, combine with information provided by third parties,
and publicly display the Member Content on and through
the Service and in Quickstart Portal 's promotional or
advertising materials (only for the limited purpose of
promoting the Service), and (ii) sublicense to third parties
such Member Content to the extent necessary for the creation
and maintenance of, in part or in whole, such Web sites.
No compensation will be paid or due Member with respect
to Bhatiabest Solicitors 's or its sublicensee's use of
the materials as licensed above. By posting messages,
uploading files, inputting data, submitting any feedback
or suggestions, or engaging in any other form of communication
with or through any Member Site, Member warrants and represents
that Member owns or otherwise controls the rights necessary
to do so and to grant Bhatiabest Solicitors the license
set forth above, and, pursuant to the terms set forth
in Section 14, Member will defend and indemnify Bhatiabest
Solicitors and its suppliers from any third party claim
related to a breach of any of the foregoing representations
and warranties.
3. Bhatiabest Solicitors
Proprietary Rights/Software
Member acknowledges and hereby agrees that the Service
and any software and web site templates used in connection
with the Service (the "Software") contain proprietary
and confidential information that is protected by applicable
intellectual property and other laws. Member further acknowledges
and agrees that content contained in sponsor advertisements
or information presented to Member through the Service,
advertisers and/or Discussion Boards is protected by applicable
copyrights, trademarks, service marks, patents and other
proprietary rights and laws.
Bhatiabest Solicitors provides Member with a non-exclusive,
non-transferable, limited license to use the Software,
which Member agrees to use in accordance with this Agreement.
Member may not sub-license or charge others to use or
access the Software without first obtaining written permission
or a written agreement from Quickstart Portal . The Software
is owned by Bhatiabest Solicitors and/or its suppliers
and is protected to the maximum extent permitted by copyright
laws and international treaty provisions. Any reproduction,
modification, creation of derivative works from or redistribution
of the Software is expressly prohibited, and may result
in severe civil and criminal penalties. The Software,
its structure, sequence and organization and source code
are considered trade secrets of Bhatiabest Solicitors
and its suppliers and are protected by copyright law.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING
THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
MEMBER MAY NOT DECOMPILE OR DISASSEMBLE, REVERSE ENGINEER
OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE CONTAINED
IN ANY SOFTWARE PROVIDED HEREUNDER.
4.
Indemnification
Member agrees to indemnify and hold Bhatiabest Solicitors
and its suppliers, affiliates, partners, subsidiaries
and employees (collectively, the "Indemnified Parties")
harmless from any and all claims and demands, losses,
liability costs and expenses (including, but not limited
to, reasonable solicitors fees), incurred by an Indemnified
Party arising out of or related to (i) Member's breach
of this Agreement; (ii) any information (including but
not limited to Member Content and Member's publicly posted
information) submitted, posted, or otherwise provided
by Member at the Member Site and/or to Bhatiabest Solicitors
and/or its affiliates; (iii) any dispute or litigation
between an Indemnified Party and a third party caused
by Member's actions; and (iv) Member's negligence or violation
or alleged violations of any rights of another. These
obligations will survive any termination of Member's relationship
with Bhatiabest Solicitors or Member's use of the Service.
To the fullest extent permitted by law, the foregoing
indemnity will apply regardless of any fault, negligence,
or breach of warranty or contract of Bhatiabest Solicitors
and/or its suppliers, affiliates, partners, subsidiaries
and employees. |
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