Comprehensive End-User License Agreement and Terms of Service Protocol (CG-EULA-TSP-v.2025.5.27.C)
Effective Date: The latter of (i) the date of initial electronic promulgation (2025-05-27), or (ii) the date of User's first interaction with the Service. Last Revised: 2025-05-27 Version: 3.0.0-Omega
Preamble & Definitional Framework
This Comprehensive End-User License Agreement and Terms of Service Protocol (hereinafter referred to interchangeably and collectively as the "Agreement," "Terms," "Protocol," or "Instrument") constitutes a legally binding, indefeasible, and enforceable contractual arrangement meticulously entered into by and between Bhavesh Singhal, a natural person, sole proprietor, and ultimate operator of the digital platform, informational repository, and associated services accessible via the Uniform Resource Locator https://collegegnosis.in (such platform, inclusive of, but not limited to, all subdomains, affiliated or successor domains, mobile applications, Application Programming Interfaces (APIs), functionalities, features, content, data, and services offered, promulgated, or otherwise made available thereon or in connection therewith, hereinafter collectively and individually referred to as the "Service" or the "Bhavesh Singhal Blog"), and You, the end-user, whether an individual, corporate entity, unincorporated association, governmental body, trust, or any other juristic or non-juristic person, or any automated system, bot, crawler, or algorithmic process, accessing, browsing, interacting with, utilizing, or otherwise engaging any facet, component, or aspect of the Service in any capacity, medium, or manner whatsoever (hereinafter referred to as "User," "You," "Your," "Licensee," or "Party of the Second Part").
BY INITIATING, CONTINUING, OR MAINTAINING ANY FORM OF ACCESS TO, UTILIZATION OF, INTERACTION WITH, OR OTHER ENGAGEMENT OF ANY ASPECT, FEATURE, FUNCTIONALITY, OR CONTENT OF THE SERVICE, YOU HEREBY IRREVOCABLY, UNCONDITIONALLY, AND UNEQUIVOCALLY ACKNOWLEDGE, REPRESENT, WARRANT, AND COVENANT THAT YOU: (I) POSSESS THE FULL LEGAL AGE, CAPACITY, AND AUTHORITY TO ENTER INTO AND BE BOUND BY LEGALLY ENFORCEABLE CONTRACTS UNDER ALL APPLICABLE JURISDICTIONS; (II) HAVE METICULOUSLY AND DILIGENTLY READ, SCRUTINIZED, COMPREHENDED TO ITS FULLEST EXTENT, AND VOLUNTARILY AGREED TO BE LEGALLY BOUND BY, AND TO STRICTLY AND UNWAVERINGLY ADHERE TO, EACH AND EVERY PROVISION, COVENANT, CONDITION, RESTRICTION, OBLIGATION, AND STIPULATION SET FORTH WITHIN THIS PRESENT AGREEMENT, INCLUDING ANY AND ALL ANNEXES, SCHEDULES, EXHIBITS, APPENDICES, OR ANCILLARY DOCUMENTS INCORPORATED HEREIN BY EXPRESS REFERENCE, AS MAY BE AMENDED, MODIFIED, SUPPLEMENTED, REVISED, OR REPLACED FROM TIME TO TIME AT THE SOLE, ABSOLUTE, AND UNFETTERED DISCRETION OF BHAVESH SINGHAL (HEREINAFTER "WE," "US," "OUR," "LICENSOR," OR "PARTY OF THE FIRST PART"). IF YOU DO NOT, OR CANNOT, UNEQUIVOCALLY AND UNRESERVEDLY AGREE TO ALL TERMS AND CONDITIONS ARTICULATED AND CONTAINED HEREIN, OR IF YOU LACK THE REQUISITE LEGAL CAPACITY, AUTHORITY, OR STANDING TO ENTER INTO THIS AGREEMENT, OR IF ANY PART OF THIS AGREEMENT IS UNACCEPTABLE TO YOU FOR ANY REASON WHATSOEVER, YOU ARE EXPRESSLY AND CATEGORICALLY PROHIBITED FROM ACCESSING, UTILIZING, OR INTERACTING WITH THE SERVICE IN ANY MANNER, AND YOU MUST IMMEDIATELY CEASE AND DESIST ANY AND ALL SUCH ACTIVITY AND EXPUNGE ANY CACHED OR STORED DATA PERTAINING THERETO. FAILURE TO COMPLY WITH THIS IMMEDIATE CESSATION DIRECTIVE SHALL CONSTITUTE A MATERIAL AND WILLFUL BREACH OF THIS AGREEMENT, POTENTIALLY SUBJECTING YOU TO SIGNIFICANT LEGAL ACTION, INCLUDING BUT NOT LIMITED TO CLAIMS FOR DAMAGES, INJUNCTIVE RELIEF, AND RECOVERY OF LEGAL COSTS.
Article I: Grant of Limited, Revocable, Non-Exclusive, Non-Transferable, Non-Sublicensable License and Paramount Intellectual Property Stipulations
1.1. Comprehensive Definition of Proprietary "Content"
For the multifarious purposes of this Agreement, the term "Content" shall be construed in its most expansive and all-encompassing sense legally permissible and shall include, without any form of limitation, any and all textual materials, literary works, articles, blog posts, user-generated submissions (subject to Licensor's rights), comments, graphical designs, visual interfaces, user interface elements, photographic works, illustrations, animations, audiovisual works, cinematographic productions, musical compositions, sound recordings, software, computer code (including, inter alia, source code, object code, bytecode, compiled code, HTML, CSS, JavaScript, server-side scripts, firmware, and any associated libraries, frameworks, or modules), data structures, data compilations, databases, metadata, taxonomies, ontologies, trademarks, service marks, trade names, brand identifiers, logos, logotypes, trade dress, slogans, proprietary methodologies, operational algorithms, know-how, trade secrets, and any other form of intellectual property, creative expression, or proprietary information, whether registered or unregistered, patented or unpatented, tangible or intangible, existing now or devised, created, or conceived hereafter, which is displayed, accessible, embedded, downloadable, streamable, or otherwise made available, directly or indirectly, through, by, or in connection with the Service.
1.2. Grant of Precisely Circumscribed License
Subject to Your unwavering, continuous, and demonstrable compliance with each and every term, condition, covenant, and restriction articulated within this Agreement, Licensor hereby condescends to grant to You a strictly limited, fully revocable at will, non-exclusive, non-sublicensable, non-transferable, non-assignable, and unequivocally personal license (the "License") to access and utilize the Content solely for Your personal, non-commercial, informational, educational, and transitory viewing and interaction purposes, strictly within the ordinary, intended, and prescribed operational parameters and functionalities of the Service as determined by Licensor in its sole discretion. This License is expressly contingent upon Your absolute adherence to all prohibitions and restrictions set forth in this Agreement and confers no other rights whatsoever.
1.3. Absolute Reservation of All Rights; Non-Existence of Implied Licenses
All rights, title, ownership, and interest in and to the Service and the Content, including, without limitation, all associated and derivative intellectual property rights (encompassing, inter alia, copyrights, moral rights (to the extent waivable), patent rights, trademark and service mark rights, trade secret rights, database rights, sui generis rights, rights of publicity, and rights of privacy) are, and shall at all times remain, the sole, exclusive, and indefeasible property of Licensor or its third-party licensors or content providers, as applicable. This Agreement does not, and shall not be construed to, convey, transfer, assign, or grant to You any ownership interest, security interest, or any other proprietary rights in or to the Service or the Content, but only the exceedingly limited, revocable License explicitly and narrowly granted in Section 1.2 hereof. No licenses or rights are granted by implication, estoppel, waiver, or otherwise, except as expressly and unambiguously set forth herein. Any use, reproduction, modification, distribution, or exploitation of the Service or Content not expressly and unequivocally permitted by this Agreement constitutes a flagrant material breach of this Agreement and a direct infringement of Licensor's and/or its licensors' paramount intellectual property rights, exposing You to severe civil and potentially criminal liabilities.
1.4. Categorical Prohibitions on Use, Exploitation, and Derivation of Content
You hereby solemnly covenant, warrant, and irrevocably agree that You shall not, nor shall You attempt to, nor shall You permit, authorize, encourage, induce, or facilitate any third party (including any entity You control or are affiliated with) to, directly or indirectly: (a) Modify, adapt, alter, translate, reverse engineer, decompile, disassemble, decrypt, or otherwise attempt to derive, discover, reconstruct, or recreate the source code, underlying ideas, object code, internal structure, operational logic, algorithms, organization, or interoperability protocols of any Content or any part, component, or technology of the Service; (b) Copy, reproduce, duplicate, clone, republish, frame, mirror, scrape, data-mine, extract, harvest, upload, post, transmit, broadcast, stream, publicly display, publicly perform, distribute, disseminate, sell, resell, lease, license, sublicense, rent, mortgage, pledge, encumber, or otherwise exploit or commercialize any Content or any part of the Service for any purpose whatsoever, whether commercial or non-commercial, not expressly and specifically permitted in writing herein, without the prior, express, unambiguous, written, and duly notarized consent of an authorized representative of Licensor, which consent may be withheld, conditioned, or revoked at Licensor's sole and absolute discretion; (c) Create, develop, or prepare derivative works, improvements, or collective works based upon, incorporating, or utilizing the Content or the Service, or any portion thereof; (d) Remove, alter, obscure, deface, tamper with, or circumvent any copyright notices, trademark attributions, patent markings, proprietary legends, digital watermarks, technological protection measures, or other attribution information or security features appearing on, embedded in, or associated with the Service or Content; (e) Utilize any automated systems, including but not limited to robots, spiders, offline readers, scrapers, crawlers, deep-linking tools, or data mining or extraction tools or methodologies, to access, monitor, query, index, acquire, or copy any Content or any portion of the Service, or to impose an unreasonable or disproportionately large load on the Service's infrastructure, absent Licensor's explicit, advance, written, and revocable authorization, which may be subject to specific technical and usage protocols defined by Licensor.
Article II: User Conduct, Affirmative Obligations, and Exhaustive Prohibited Activities
2.1. Mandate for Lawful, Ethical, and Respectful Utilization
You hereby represent, warrant, and covenant, as a continuing obligation, that Your access to and use of the Service, and any content or information You may submit, post, or transmit ("User Submissions"), shall, at all times, be conducted in a manner that is strictly lawful, ethical, responsible, respectful of the rights of others, and in full and unwavering conformity with this Agreement, all applicable international, federal, national, supranational, provincial, state, and local laws, statutes, ordinances, rules, regulations, treaties, and judicial or administrative orders or decrees (collectively, "Applicable Laws"), and prevailing standards of online conduct, decorum, and etiquette as determined by Licensor.
2.2. Enumerated and Non-Exhaustive Catalogue of Prohibited Activities
Without limiting the generality or scope of the foregoing Section 2.1, You expressly and unequivocally agree not to, and shall not attempt to, engage in, solicit, facilitate, or abet any of the following activities, whether directly or indirectly, personally or through any third party or automated means: (a) Utilize the Service for any illegal, fraudulent, malicious, tortious, or unauthorized purpose, or in furtherance or support of any activity that violates, or could reasonably be construed as violating, any Applicable Laws or infringing upon or violating the legal rights or interests of any third party or Licensor. (b) Violate, or solicit, promote, or encourage the violation of, any international, federal, national, provincial, state, or local laws, regulations, treaties, edicts, or ordinances, including but not limited to those concerning data privacy, intellectual property, defamation, export control, or anti-discrimination. (c) Infringe upon, misappropriate, dilute, tarnish, or otherwise violate Our intellectual property rights (as defined herein and under Applicable Law) or the intellectual property rights, privacy rights, publicity rights, contractual rights, or other proprietary, personal, or dignitary rights of any third party, including but not limited to unauthorized reproduction, distribution, public display, or creation of derivative works from copyrighted material. (d) Transmit, upload, post, email, disseminate, link to, or otherwise make available through the Service any User Submissions or other content or material that is, or could reasonably be deemed by Licensor or a competent authority to be, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, slanderous, vulgar, obscene, pornographic, pedophilic, excessively violent, invasive of another's privacy or publicity rights, hateful, discriminatory (based on race, ethnicity, religion, gender, sexual orientation, age, disability, or any other protected characteristic), or racially, ethnically, or otherwise objectionable, or which promotes, incites, or glorifies violence, terrorism, illegal drug use, or any other illegal or harmful activities. (e) Interfere with, disrupt, negatively affect, impair, disable, overburden, or create an undue or disproportionate burden on the normal operation, functionality, security, integrity, or availability of the Service, its servers, networks, databases, or any computer systems, software, hardware, or telecommunications equipment connected thereto or used in conjunction therewith. This includes, without limitation, through the use of viruses, worms, Trojan horses, rootkits, keyloggers, cancelbots, Easter eggs, time bombs, ransomware, malware, spyware, adware, denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks, packet flooding, mail bombing, or any other harmful, malicious, surreptitious, or destructive code, programs, or techniques. (f) Employ the Service for the purpose of, or in connection with, unsolicited bulk email ("spamming"), junk mail, chain letters, pyramid schemes, Ponzi schemes, phishing, pharming, pretexting, spidering, crawling, scraping, data harvesting, or any other form of unauthorized, unsolicited, or deceptive commercial or non-commercial solicitation, communication, or data extraction. (g) Impersonate any natural person or legal entity, including, but not limited to, an employee or representative of Licensor, or falsely state, misrepresent, or otherwise obfuscate Your affiliation, identity, or association with any person or entity, or forge headers or otherwise manipulate identifiers to disguise the origin of any User Submissions or other information transmitted through the Service. (h) Circumvent, disable, breach, or otherwise interfere with or attempt to interfere with any security-related features, authentication measures, access controls, or digital rights management (DRM) technologies of the Service, or features that prevent, restrict, or limit use or copying of any Content or enforce limitations on use of the Service or the Content therein. (i) Attempt to gain unauthorized access to the Service, other user accounts, computer systems, or networks connected to the Service, through hacking, password mining, social engineering, or any other means not intentionally made available by Licensor.
Article III: Comprehensive Disclaimers of Warranties and Representations; User's Assumption of All Risks
3.1. Provision of Service on "AS IS," "AS AVAILABLE," and "WITH ALL FAULTS" Basis
THE SERVICE, INCLUDING ALL CONTENT, INFORMATION, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE), AND OTHER SERVICES OR FUNCTIONALITIES INCLUDED ON, ACCESSIBLE THROUGH, OR OTHERWISE MADE AVAILABLE TO YOU VIA THE SERVICE, ARE PROVIDED BY LICENSOR ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS, WITHOUT ANY WARRANTIES, REPRESENTATIONS, GUARANTEES, OR CONDITIONS OF ANY KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE ARISING FROM LAW, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
3.2. Exhaustive and Categorical Disclaimer of All Warranties
TO THE FULLEST EXTENT PERMISSIBLE AND ENFORCEABLE UNDER APPLICABLE LAW, LICENSOR HEREBY EXPRESSLY AND UNEQUIVOCALLY DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS, ENDORSEMENTS, AND CONDITIONS OF ANY KIND, NATURE, OR DESCRIPTION, WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, FITNESS FOR A GENERAL PURPOSE, TITLE, QUIET ENJOYMENT, QUIET POSSESSION, ACCURACY, COMPLETENESS, RELIABILITY, SECURITY, AVAILABILITY, TIMELINESS, NON-INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND ANY WARRANTIES ARISING OUT OF OR IN CONNECTION WITH COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.
3.3. Specific Non-Warranties and Non-Guarantees
WITHOUT LIMITING THE COMPREHENSIVE GENERALITY OF THE FOREGOING DISCLAIMERS, LICENSOR MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE, AND PROVIDES NO ASSURANCE, THAT: (A) THE SERVICE OR ANY CONTENT THEREIN WILL BE ACCURATE, COMPLETE, RELIABLE, ERROR-FREE, CURRENT, SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS OR DEFECTS; (B) ANY DEFECTS, OMISSIONS, OR ERRORS IN THE SERVICE OR CONTENT WILL BE IDENTIFIED OR CORRECTED; (C) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, EXPECTATIONS, OR NEEDS, OR ACHIEVE ANY PARTICULAR RESULTS; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR STANDARDS; OR (E) THE RESULTS, DATA, OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE EFFECTIVE, ACCURATE, RELIABLE, OR SUITABLE FOR ANY PARTICULAR PURPOSE.
3.4. User's Full and Informed Assumption of All Inherent and Extrinsic Risks
YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICE AND ANY CONTENT OR INFORMATION OBTAINED THEREFROM IS AT YOUR SOLE, EXCLUSIVE, AND UNMITIGATED RISK AND DISCRETION. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM(S), MOBILE DEVICE(S), NETWORK INFRASTRUCTURE, OR OTHER EQUIPMENT OR TECHNOLOGY, OR FOR ANY LOSS, CORRUPTION, OR COMPROMISE OF DATA, THAT RESULTS FROM YOUR USE OF THE SERVICE OR THE DOWNLOAD, INSTALLATION, OR USE OF ANY CONTENT, SOFTWARE, OR MATERIALS THEREFROM. NO ADVICE, INFORMATION, OR REPRESENTATION, WHETHER ORAL, WRITTEN, OR ELECTRONIC, OBTAINED BY YOU FROM LICENSOR, ITS AGENTS, EMPLOYEES, OR REPRESENTATIVES, OR THROUGH OR FROM THE SERVICE, SHALL CREATE, OR BE DEEMED TO CREATE, ANY WARRANTY, GUARANTEE, OR REPRESENTATION NOT EXPRESSLY AND EXPLICITLY STATED IN THIS AGREEMENT.
Article IV: Stringent Limitation and Exclusion of Liability; Cap on Damages
4.1. Broad Exclusion of Indirect, Consequential, and Other Special Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE JURISPRUDENCE AND PUBLIC POLICY, IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL LICENSOR, ITS PARENT COMPANY (IF ANY), AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS, PREDECESSORS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE "LICENSOR PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, AGGRAVATED, OR TREBLE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL OR REPUTATION, LOSS OR CORRUPTION OF DATA, LOSS OF USE, BUSINESS INTERRUPTION, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY, OR OTHER INTANGIBLE OR ECONOMIC LOSSES, ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH: (a) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE, THE CONTENT, OR ANY PART THEREOF; (b) ANY CONDUCT, CONTENT, OR USER SUBMISSIONS OF ANY THIRD PARTY ON OR THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, ILLEGAL, OR INFRINGING CONDUCT OF OTHER USERS OR THIRD PARTIES; (c) ANY CONTENT, INFORMATION, OR MATERIALS OBTAINED FROM, ACCESSED THROUGH, OR RELIED UPON VIA THE SERVICE; (d) UNAUTHORIZED ACCESS TO, USE, ALTERATION, DISCLOSURE, LOSS, OR DESTRUCTION OF YOUR TRANSMISSIONS, USER SUBMISSIONS, OR DATA; (e) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; OR (f) ANY OTHER MATTER, CAUSE, OR CIRCUMSTANCE RELATING TO, ARISING FROM, OR CONNECTED WITH THE SERVICE, THE CONTENT, OR THIS AGREEMENT; REGARDLESS OF THE LEGAL THEORY UPON WHICH SUCH LIABILITY IS ASSERTED (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, GROSS NEGLIGENCE, OR STRICT LIABILITY), STATUTE, EQUITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY), AND EVEN IF THE LICENSOR PARTIES HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
4.2. Aggregate Liability Cap for Direct Damages
NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN THIS AGREEMENT OR ELSEWHERE, AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE LICENSOR PARTIES' TOTAL, CUMULATIVE, AND AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, CAUSES OF ACTION, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, YOUR USE OF THE SERVICE, OR THE CONTENT, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY COMBINED, SHALL BE STRICTLY LIMITED TO, AND SHALL NOT UNDER ANY CIRCUMSTANCES EXCEED, THE GREATER OF (I) THE TOTAL SUM, IF ANY, ACTUALLY AND VERIFIABLY PAID BY YOU DIRECTLY TO LICENSOR FOR THE SPECIFIC PORTION OF THE SERVICE GIVING RISE TO THE CLAIM DURING THE SIX (6) CALENDAR MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE INITIAL EVENT GIVING RISE TO SUCH CLAIM AROSE, OR (II) THE NOMINAL SUM OF TEN UNITED STATES DOLLARS (USD $10.00) OR ITS EQUIVALENT IN LOCAL CURRENCY.
4.3. Fundamental Basis of the Bargain; Allocation of Risk
YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE DISCLAIMERS OF WARRANTIES (ARTICLE III) AND THE LIMITATIONS AND EXCLUSIONS OF LIABILITY (ARTICLE IV) SET FORTH IN THIS AGREEMENT ARE FAIR, REASONABLE, AND FUNDAMENTAL AND MATERIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND LICENSOR. THESE PROVISIONS REFLECT A VOLUNTARY AND NEGOTIATED ALLOCATION OF RISKS BETWEEN THE PARTIES, AND LICENSOR WOULD NOT BE ABLE TO PROVIDE THE SERVICE ON AN ECONOMICALLY VIABLE OR COMMERCIALLY REASONABLE BASIS WITHOUT SUCH DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS. THESE LIMITATIONS AND EXCLUSIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN AND SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
Article V: Termination, Suspension, Modification, and Cessation of Access or Service
5.1. Unilateral Right of Termination or Suspension by Licensor
Licensor reserves the absolute, unilateral, and unfettered right, exercisable in its sole and exclusive discretion, without any requirement of prior notice or resulting liability to You or any third party, to immediately suspend, restrict, limit, modify, or terminate Your access to and use of all or any part of the Service (including deletion of any associated data or User Submissions, to the extent permissible by law), or to terminate this Agreement in its entirety, for any reason whatsoever or for no reason at all. Such reasons may include, but are not limited to, instances where Licensor believes, in its sole judgment and determination (whether or not subsequently proven correct), that You have breached, violated, failed to comply with, or acted inconsistently with the letter, spirit, or intent of any provision of this Agreement or any incorporated policies; engaged in fraudulent, abusive, illegal, or harmful activity; if Your use of the Service poses a security risk, operational threat, or potential legal liability to Licensor, the Service, or any third party; or if Licensor decides to discontinue, modify, or restructure the Service.
5.2. Consequences and Effect of Termination or Suspension
Upon any termination or suspension of Your access to the Service or termination of this Agreement for any reason: (a) All rights, licenses, and privileges granted to You under this Agreement shall immediately, automatically, and irrevocably cease and terminate without further action by any party. (b) You must immediately cease and desist from all access to and use of the Service and any Content obtained therefrom, and You shall promptly destroy or return to Licensor (at Licensor's option) all copies of any Content in Your possession or control. (c) Licensor may, without incurring any liability to You or any third party, delete, deactivate, or Cordon off any account (if applicable), information, User Submissions, or other content associated with Your use of the Service, subject to Applicable Law regarding data retention and deletion. (d) The provisions of Article I (specifically Sections 1.1, 1.3, 1.4), Article III (Disclaimers), Article IV (Limitation of Liability), Article V (Termination, specifically this Section 5.2), Article VI (Governing Law and Dispute Resolution), Article VII (Amendments), and Article VIII (Miscellaneous Provisions), as well as any other provisions of this Agreement which by their inherent nature, express terms, or necessary implication should survive termination or expiration (including, without limitation, provisions concerning indemnification, intellectual property ownership, and confidentiality obligations, if any), shall survive any termination or expiration of this Agreement and continue in full force and effect indefinitely.
Article VI: Governing Law, Jurisdictional Stipulations, and Dispute Resolution Protocol
6.1. Controlling Law and Interpretation
This Agreement, and all matters, disputes, claims, controversies, or causes of action (whether sounding in contract, tort, statute, equity, or otherwise) arising out of, relating to, or in connection with this Agreement, its negotiation, execution, performance, interpretation, validity, breach, termination, or enforcement, Your access to or use of the Service, or the relationship between You and Licensor, shall be exclusively governed by, construed, interpreted, and enforced in accordance with the substantive domestic laws of the State of Haryana, Republic of India, without regard to its or any other jurisdiction's conflict of laws principles, choice of law rules, or provisions that would mandate or permit the application of the laws of any jurisdiction other than those of the State of Haryana, India. The United Nations Convention on Contracts for the International Sale of Goods (CISG) and the Uniform Computer Information Transactions Act (UCITA), as may be enacted in any jurisdiction, are expressly excluded and shall not apply to this Agreement.
6.2. Exclusive Jurisdiction and Venue for Adjudication
Subject explicitly to the mandatory arbitration provisions set forth in Section 6.3 below, You and Licensor hereby irrevocably and unconditionally agree and consent that any legal action, suit, litigation, or proceeding arising out of, relating to, or in connection with this Agreement or the Service, which is not subject to mandatory arbitration, must be instituted and adjudicated exclusively in the competent state or federal courts (as applicable based on subject matter jurisdiction) located within the geographical boundaries of Gurugram, State of Haryana, Republic of India. You and Licensor hereby irrevocably and unconditionally consent and submit to the exclusive personal jurisdiction and venue of such courts for any such action, suit, or proceeding, and expressly waive any and all objections to such jurisdiction or venue on the grounds of lack of personal jurisdiction, improper venue, forum non conveniens, or any other similar doctrine.
6.3. Mandatory, Binding, and Individual Arbitration Protocol
(a) Agreement to Arbitrate: Except for (i) claims brought by Licensor for injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of Licensor's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, (ii) claims that qualify for small claims court, provided the matter remains in such court and proceeds only on an individual (non-class, non-representative) basis, and (iii) any dispute, to the extent Banned by applicable law from being resolved by arbitration, any and all other disputes, controversies, or claims (collectively, "Disputes") arising out of, relating to, or in connection with this Agreement, its subject matter, formation, interpretation, breach, termination, validity, or enforceability, shall be finally, exclusively, and definitively resolved by binding arbitration administered by the Delhi International Arbitration Centre (DIAC), or its successor, in accordance with its then-prevailing DIAC Arbitration Rules (the "Arbitration Rules"), as modified by this Agreement. (b) Arbitration Procedure and Parameters: The arbitration shall be conducted by a single, neutral arbitrator mutually agreed upon by the parties. If the parties cannot agree on an arbitrator within thirty (30) calendar days of a party's written demand for arbitration, the arbitrator shall be appointed in accordance with the Arbitration Rules. The seat, or legal place, of arbitration shall be New Delhi, India. The language of the arbitration proceedings and all arbitral awards shall be English. The arbitrator shall have exclusive authority to resolve all Disputes, including, without limitation, any dispute concerning the arbitrability of any claim or the scope, interpretation, or enforceability of this arbitration provision. The arbitrator's award shall be final, binding, and non-appealable (except for vacatur or modification on grounds strictly limited by applicable arbitration statutes), and judgment thereon may be entered in any court of competent jurisdiction as specified in Section 6.2. The arbitrator is empowered to grant whatever relief would be available in a court under law or in equity, consistent with the limitations set forth in this Agreement. (c) Waiver of Class Action, Collective Action, and Jury Trial: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND LICENSOR AGREE AND COVENANT THAT ANY AND ALL DISPUTES, WHETHER RESOLVED IN ARBITRATION OR IN COURT (WHERE PERMITTED), WILL BE CONDUCTED AND RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND LICENSOR FURTHER IRREVOCABLY WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE, ACTION, OR LITIGATION IN ANY WAY ARISING OUT OF, RELATED TO, OR CONNECTED WITH THIS AGREEMENT OR THE SERVICE. This class action and jury trial waiver is a material and essential part of this arbitration agreement and is not severable.
Article VII: Amendments, Modifications, Supplements, and Revisions to this Protocol
7.1. Unilateral Right of Licensor to Modify Agreement
Licensor reserves the absolute, unilateral, unconditional, and unfettered right, exercisable in its sole and exclusive discretion, to amend, modify, supplement, revise, restate, or replace this Agreement, or any part, provision, or policy thereof (including any documents incorporated by reference), at any time and from time to time, without Your prior consent. Such modifications may be effected by posting the amended, revised, or restated Agreement on the Service, by sending You an email notification to an address You may have provided, or by any other means of notification Licensor deems commercially reasonable and appropriate under the circumstances.
7.2. User's Affirmative Obligation to Periodically Review
You acknowledge, understand, and agree that it is Your sole and exclusive responsibility and continuing obligation to periodically and diligently review this Agreement (accessible via a conspicuous link on the Service) for any changes, amendments, or updates. The "Last Revised" date indicated at the top of this Agreement will serve as notice of the date of the latest modifications. Licensor is under no obligation to provide individual notice of such changes beyond updating the Agreement on the Service.
7.3. Constructive and Actual Acceptance of Modifications
Your continued access to or use of the Service subsequent to the posting, notification, or promulgation of any amendments, modifications, revisions, or restatements of this Agreement shall constitute Your irrevocable, unconditional, and legally binding acceptance of, and agreement to be bound by, such changes in their entirety. If You do not agree to any such changes or any part of the revised Agreement, Your sole and exclusive remedy is to immediately and permanently discontinue Your access to and use of the Service and to cease all related activities.
Article VIII: Miscellaneous, General, and Boilerplate Provisions
8.1. Notices and Communications
Any notices, consents, approvals, or other communications permitted or required to be given hereunder by Licensor to You, including those regarding modifications to this Agreement, may be provided by Licensor (i) via email (to any email address You have provided to Licensor, if any); (ii) by posting such notice conspicuously on the Service or within a relevant section thereof; or (iii) by any other method Licensor deems commercially reasonable and effective. For notices made by email, the date of successful transmission will be deemed the date of receipt. All legally significant notices or communications from You to Licensor must be sent in writing via certified mail, return receipt requested, or via internationally recognized overnight courier, to an address provided by Licensor upon specific request for such formal notices, and additionally via email to worknbhavesh@gmail.com. Such notices from You shall be deemed effective only upon Licensor's actual, verified receipt and acknowledgement. General inquiries can be sent to the aforementioned email address.
8.2. Entire Agreement and Merger Clause
This Agreement, together with any Privacy Policy, Cookie Policy, Community Guidelines, or other ancillary legal documents, policies, or guidelines expressly incorporated herein by specific reference, constitutes the entire, complete, and exclusive understanding and agreement between Licensor and You with respect to the subject matter hereof (namely, Your access to and use of the Service and Content). This Agreement supersedes, terminates, and replaces any and all prior or contemporaneous oral or written agreements, contracts, understandings, communications, discussions, negotiations, representations, warranties, or proposals between Licensor and You relating to such subject matter. No extrinsic evidence, whether oral or written, shall be introduced to vary or supplement the terms of this Agreement.
8.3. Severability and Reformation
If any provision, clause, sub-clause, or portion of this Agreement, or the application thereof to any person, entity, place, or circumstance, is determined by a court or arbitral tribunal of competent jurisdiction to be invalid, illegal, void, unenforceable, or contrary to public policy for any reason, such provision shall be deemed severed from this Agreement to the minimum extent necessary to cure such invalidity or unenforceability. The offending provision shall, if legally permissible and practicable, be reformed and construed in a manner that most closely reflects the original intent of the parties while rendering it valid and enforceable. The invalidity, illegality, or unenforceability of any single provision shall not affect, impair, or invalidate the legality, validity, or enforceability of the remaining provisions of this Agreement, which shall continue in full force and effect as if the invalid, illegal, or unenforceable provision had never been included.
8.4. Waiver (No Implied Waiver)
No failure, omission, or delay by Licensor in exercising, or any single or partial exercise of, any right, power, remedy, or privilege available to it under this Agreement, at law, or in equity shall operate or be construed as a waiver thereof, nor shall it preclude any other or further exercise thereof or the exercise of any other right, power, remedy, or privilege. Any waiver by Licensor of any term, condition, or provision of this Agreement, or of any breach thereof, must be in a formal written instrument, explicitly identifying the provision waived and the specific instance of waiver, and duly signed by an authorized representative of Licensor to be effective. No such waiver shall be deemed a waiver of any subsequent breach or a continuing waiver of such provision.
8.5. Assignment and Delegation
You may not assign, transfer, delegate, sublicense, mortgage, charge, or otherwise encumber or dispose of any of Your rights, interests, duties, or obligations under this Agreement, whether voluntarily, involuntarily, by operation of law, or otherwise (including by way of merger, consolidation, or sale of assets), without the prior, express, unambiguous, written consent of Licensor, which consent may be withheld, conditioned, or denied in Licensor's sole and absolute discretion. Any attempted assignment, transfer, delegation, or sublicense by You in violation of the foregoing prohibition shall be, and is hereby declared, null, void ab initio, and of no force or effect. Licensor may freely and without restriction assign, transfer, delegate, or sublicense this Agreement or any or all of its rights, interests, duties, or obligations hereunder, in whole or in part, to any affiliate or in connection with any merger, acquisition, corporate reorganization, sale of all or substantially all of its assets, or to any other entity, without notice to You and without Your consent. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns.
8.6. No Third-Party Beneficiaries
Except as may be expressly and specifically provided elsewhere in this Agreement (e.g., indemnification of Licensor Parties), this Agreement is entered into for the sole and exclusive benefit of the parties hereto (Licensor and You) and their respective permitted successors and assigns. Nothing in this Agreement, whether express or implied, is intended to, nor shall it be construed to, confer upon any other person, entity, or third party (other than permitted successors and assigns of the parties) any legal or equitable right, benefit, interest, remedy, or cause of action of any nature whatsoever under, by reason of, or in connection with this Agreement.
8.7. Headings, Captions, and Interpretation
The Article and Section headings, titles, and captions used in this Agreement are inserted for convenience of reference only and are not intended to be part of, or to affect, influence, define, limit, or expand the interpretation, construction, meaning, or scope of this Agreement or any provision hereof. In the event of any ambiguity or question of intent or interpretation, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions of this Agreement. The words "include," "includes," and "including" when used in this Agreement shall be deemed to be followed by the phrase "without limitation," unless the context clearly indicates otherwise. The word "or" is not exclusive and shall be interpreted to mean "and/or" unless the context requires otherwise. All pronouns (e.g., "he," "she," "it") and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular, or plural, as the identity of the person, entity, or subject matter may require. References to statutes or regulations include all statutory or regulatory provisions consolidating, amending, replacing, or supplementing the statute or regulation.
8.8. Force Majeure Events
Licensor shall not be held liable or responsible for, nor be deemed to have defaulted under or breached this Agreement, for any delay, failure in performance, or interruption of service resulting directly or indirectly from any cause or condition beyond its reasonable control (a "Force Majeure Event"). Such Force Majeure Events include, but are not limited to, acts of God (such as earthquakes, floods, fires, storms, epidemics, pandemics, or other natural disasters), acts of war (declared or undeclared), terrorism, riots, insurrections, civil disturbances, sabotage, strikes, lockouts, or other labor disputes, embargoes, acts of civil or military authorities, governmental actions or decrees, power failures, telecommunication or internet service provider failures or disruptions, denial-of-service attacks originating from third parties, shortages of transportation facilities, fuel, energy, labor, or materials, or any other event or circumstance not within the reasonable control of Licensor.
8.9. Independent Contractor Relationship
The relationship between You and Licensor established by this Agreement is solely that of independent contractors. Nothing contained in this Agreement shall be construed or interpreted to create or constitute a partnership, joint venture, agency, employment, franchise, fiduciary, or any other similar relationship between You and Licensor. Neither party has, nor shall represent itself as having, any authority to make or enter into any commitments, contracts, or obligations on behalf of the other party, or to bind the other party in any respect whatsoever.
8.10. Contact Information and Inquiries
Should You have any inquiries, questions, concerns, or require clarification regarding any provision of this Agreement, the Service, or Your rights and obligations hereunder, You may endeavor to contact Licensor by transmitting an electronic mail communication to: worknbhavesh@gmail.com. Licensor provides no assurance, representation, or guarantee regarding the timeliness, completeness, or provision of a response to any such inquiries, nor shall any informal communication be deemed to modify or waive any terms of this Agreement.
IN WITNESS WHEREOF, AND AS A MATERIAL INDUCEMENT FOR LICENSOR TO GRANT YOU ACCESS TO THE SERVICE, BY ACCESSING, BROWSING, REGISTERING FOR (IF APPLICABLE), OR OTHERWISE UTILIZING ANY PART OF THE SERVICE, YOU HEREBY AFFIRM, ACKNOWLEDGE, AND DECLARE UNDER PENALTY OF PERJURY (TO THE EXTENT APPLICABLE) THAT YOU HAVE READ THIS ENTIRE COMPREHENSIVE END-USER LICENSE AGREEMENT AND TERMS OF SERVICE PROTOCOL, FULLY UNDERSTAND ALL OF ITS TERMS AND THEIR LEGAL CONSEQUENCES, AND VOLUNTARILY AND IRREVOCABLY AGREE TO BE LEGALLY BOUND BY ALL SUCH TERMS AND CONDITIONS AS OF THE EFFECTIVE DATE STATED HEREIN.