Terms & Conditions of Use
Please read this Agreement carefully before accessing or using the Website and Related Products/Services. By accessing or using any part of the Website and Related Products/Services, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any Related Products or Services. If these terms and conditions are considered an offer by Dvaraka, acceptance is expressly limited to these terms. The Website and Related Products/Services are available only to individuals who are at least 13 years old.
. Intellectual Property. This Agreement does not transfer from Dvaraka to you any Dvaraka or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Dvaraka. Dvaraka, The Presentation Effect, and all other trademarks, service marks, graphics and logos used in connection with ThePresentationEffect.com, or the Related Products/Services are trademarks or registered trademarks of Dvaraka or Dvaraka’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Related Products/Services including, but not limited to, Apple®, Android®, and Windows Mobile®, may be the trademarks of third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Dvaraka or third-party trademarks.
Copyright Disclaimer: Dvaraka retains copyrights on all text, data, images, audio, video, templates or other materials on this website or offered through related Webinars. You may not distribute, modify, transmit, reuse, report or use the contents of the website, including text, data, images, audio, video and other materials, for public or commercial purposes without the written permission of Dvaraka.
Trademark Disclaimer: Product names, logos, brands, and other trademarks featured or referred to within the website or other Dvaraka products and services are the property of their respective trademark holders. These trademark holders are not affiliated with Dvaraka, our products, or our website. They do not sponsor or endorse our materials. ?
Changes. Dvaraka reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Dvaraka may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination. Dvaraka may terminate your access to all or any part of the Website and Related Products/Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement you may simply discontinue using the Website and Related Products/Services and let us know by visiting our Contact Us page. Dvaraka can terminate the Website and or Related Products/Services immediately as part of a general shut down of our service. All provisions of this Agreement, which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The Website and Related Products/Services are provided “as is”. No liability for the contents of the website can be accepted by Dvaraka. Use of the concepts, examples, templates, information and other content is entirely at your own risk, and Dvaraka makes no warranty of any kind, whether express or implied. Dvaraka and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Dvaraka nor its suppliers and licensors, makes any warranty that the Website and Related Products/Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk. Dvaraka does not warrant or make representations regarding the use or results of the use of the materials and information on this website in terms of their correctness, accuracy, reliability or otherwise.
Limitation of Liability. In no event will Dvaraka, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Dvaraka under this agreement during the twelve (12) month period prior to the cause of action. Furthermore, neither Dvaraka nor its affiliated or related entities or it’s content providers are responsible or liable to any person or entity whatsoever (including, without limitation persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind of character whatsoever based upon or resulting from any information, materials or opinions provided in the website. In no event shall Dvaraka be liable for special, indirect, exemplary or consequential damages or any damages whatsoever, including but not limited to, loss of use, data or profits, without regard to the form of any action, including but not limited to contract, negligence, or other tortuous actions, all arising out of or in connection with the use, copying or display or the contents of this website. Dvaraka shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification. You agree to indemnify and hold harmless Dvaraka, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website and Related Products/Services, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between Dvaraka and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Dvaraka, or by the posting by Dvaraka of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website and Related Products/Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Diego County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Diego, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Dvaraka may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Other parties. You accept that, as a limited liability entity, Dvaraka has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Dvaraka’s officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Dvaraka’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Dvaraka and ThePresentationEffect.com.