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Welcome to the AryaSamajToday
Web site. The following terms and conditions of use and any other
policies, rules, or guidelines posted by MDG NA Inc. (‘MDG’) on this site
govern your use of this site. IF YOU VISIT OR SHOP AT THIS SITE, YOU ACCEPT
THESE TERMS AND CONDITIONS.
Please read these Terms and Conditions carefully before using this site or
purchasing any of the products or using any of the services available on or
through it. These Terms and Conditions of use may be changed in the future
without notice to you and you agree and accept that such changes shall also
be binding upon you. You are, therefore, requested to please check back the
terms and conditions from time to time.
Your continued use of this site after such changes constitutes your
acceptance of the new Terms and Conditions.
MDG grants you a limited license to access and make personal use of this
site only and not for commercial gains and to download (other than page
caching) or modify it, or any portion of it, except with express written
consent of MDG.
This license does not include any resale or commercial use of this site or
its contents; any collection and use of any product listings, descriptions,
or prices; any derivative use of this Site or its contents; any downloading
or copying of account information for the benefit of another merchant; or
any use of data mining, robots, or similar data gathering and extraction
tools without express written consent of MDG.
This Site or any portion of this Site may not be reproduced, duplicated,
copied, sold, resold, visited, or otherwise exploited for any purpose
whatsoever without express written consent of MDG.
You may not frame or utilize framing techniques to enclose any trademark,
logo, or other proprietary information (including images, text, page
layout, or form) of MDG without express written consent.
You may not use any meta tags or any other "hidden text"
utilizing MDG's name or trademarks without the express written consent of
MDG. Any unauthorized use terminates the permission or license granted by
MDG and further makes you liable to penal action under the law.
You are granted a limited, revocable, and nonexclusive right to create a
hyperlink to the home page of MDG so long as the link does not portray MDG
or its products or services in a false, misleading, derogatory, or
otherwise offensive manner. You may not use any MDG logo or other
proprietary graphic or trademark as part of the link without express
written permission.
All content included on this Site, not limited to text, graphics, logos,
button icons, images, audio clips, data compilations, and software
("Content"), is the property of MDG or its suppliers, sponsors,
licensors or affiliates (collectively, "Business Partners"), and
is protected by International copyright law, trademark law, and trade
secret law.
MDG owns a copyright in this Site as a collective work and/or compilation,
and in the selection, coordination and arrangement of the Content. Except
as expressly provided in these Terms and Conditions, neither MDG nor its
Business Partners grant any rights to you under any patents, copyrights,
trademarks or trade secret information.
You understand that by using the Site, you may be exposed to Content that
may be offensive or objectionable according to your judgment. Under no
circumstances will MDG be liable in any way for any Content, including, but
not limited to, for any errors or omissions in any Content, or for any loss
or damage of any kind incurred as a result of the use of any Content made
available via the Site. You agree that you must evaluate, and bear all
risks associated with, the use of any Content, including any reliance on
the accuracy, completeness, or usefulness of such Content.
3. Account Maintenance and Responsibility
If you wish to purchase any products or use the services on this Site, you
must open an account with us and/or provide the required information to us.
By entering any information on this Site, you represent and warrant that:
(i) you are using your actual identity; (ii) you have provided only true,
accurate, current and complete information; and (iii) you will maintain and
promptly update the information that you provide to keep it true, accurate,
current and complete. You are responsible for maintaining the
confidentiality of your account and its password, as well as for all
activities that occur under your password or account.
MDG cannot and will not be liable for any loss or damage arising from your
failure to comply with these obligations. If you wish to cancel a username
or password, or if you become aware of any loss, theft or unauthorized use
of a username or password, please notify us immediately.
We reserve the right to delete or change any username or password at any
time without assigning any reason.
You or we may suspend or terminate your account or your use of this Site at
any time, for any reason or for no reason at all. You are personally liable
for any orders that you place or charges that you incur prior to
termination.
We reserve the right to change, suspend, or discontinue all or any aspects
of this Site at any time without prior notice.
PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THIS SITE
ARE SUBJECT TO CHANGE WITHOUT NOTICE.
The listing, description of, or reference to, a product or service on this
Site does not imply that the product or service is presently available or that
we endorse that product or service.
In the event a product or service is listed at an incorrect price due to a
typographical error or error in pricing information received from a
supplier, we shall have the right to refuse or cancel any order placed for
such product or service at the incorrect price, even if the order has been
confirmed and/or your credit card has been charged. If your credit card has
already been charged for the purchase and your order is canceled, we shall
promptly issue a credit to your credit card account for the amount of the
incorrect price.
Your receipt of an electronic or other form of order confirmation does not
signify our acceptance of your order, nor does it constitute confirmation
of our offer to sell. We reserve the right at any time after receipt of
your order to accept or decline your order for any reason or for no reason
at all.
We reserve the right at any time after receipt of your order, without prior
notice to you, to supply less than the quantity you ordered of any product
or service. However, the difference in the price paid by you and the price
of the product supplied or service rendered shall be credited to your
credit card.
Not all products and services listed on this Site may be available for sale
or delivery in every area.
All orders of products or services are subject to prevailing law,
including, as appropriate, export and import regulations and other
restrictions, if any, imposed by governing bodies having jurisdiction over
such orders, products or services.
8. You agree not to use the Site
to
1. upload, post,
email, transmit or otherwise make available any User Content that is
unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or
racially, religiously, ethnically or otherwise objectionable;
2. impersonate any
person or entity, including, but not limited to, a MDG representative,
forum leader, guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
3. forge headers or
otherwise manipulate identifiers in order to disguise the origin of any
Content transmitted through the Site;
4. upload, post,
email, transmit or otherwise make available any Content that you do not
have a right to make available under any law or under contractual or
fiduciary relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
5. upload, post,
email, transmit or otherwise make available any Content that infringes any
patent, trademark, trade secret, copyright or other proprietary rights
("Rights") of any party;
6. upload, post,
email, transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes,"
or any other form of solicitation;
7. upload, post,
email, transmit or otherwise make available any material that contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment;
8. interfere with or
disrupt the Site or servers or networks connected to the Site, or disobey
any requirements, procedures, policies or regulations of networks connected
to the Site;
9. intentionally or
unintentionally violate any applicable local, state, national or international
law;
10. collect or store
personal data about other users.
You acknowledge that MDG does not pre-screen User Content, but
that MDG and its designees shall have the right (but not the obligation) in
their sole discretion to refuse or remove any User Content that is
available via the Site.
Without limiting the foregoing, MDG and its designees shall have the right
to remove any User Content that violates these Terms and Conditions or is
otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the
use of any User Content, including any reliance on the accuracy,
completeness, or usefulness of such User Content.
We welcome feedback, suggestions and ideas about this Site and our services
and how to improve them.
However, all User Content, feedback, suggestions, ideas, concepts,
comments, illustrations, Site postings and other materials that you
disclose or offer to us on or in connection with this Site
("Submissions") are submitted without any restrictions or
expectation of confidentiality.
You agree that we shall exclusively own, and you hereby assign to us
without compensation or further obligation, all rights now known or
hereafter existing to the Submissions of every kind and nature throughout
the universe.
You further agree that we shall be entitled to unrestricted use of the
Submissions for any purpose whatsoever, commercial or otherwise, without
compensation to you, including the right to use, reproduce, publish,
transmit, publicly perform or display, translate, create derivative works
from, or otherwise communicate to the public the Submissions on the Site or
elsewhere.
You shall not assert any proprietary right or moral right of any kind with
respect to any Submissions.
We, in our sole discretion, may post the advertisements or other materials
of third parties on this Site.
Your correspondence or any other transaction with advertisers found on this
Site is solely between you and such advertisers.
You agree that we shall not be responsible for any loss or damage of any
sort incurred as a result of any such dealings or as a result of the
presence of such advertisements on this Site. Moreover, we shall not be
responsible or liable for the statements or conduct of any such advertisers
on this Site.
We make no claims or representations regarding the quality, content, nature
or reliability of sites accessible by hyperlink from this Site or sites
linking to this Site, and we accept no responsibility in connection
therewith. Any linked sites are not under our control and we are not
responsible for the content of any linked site or any link contained in a
linked site, or for any review, changes or updates to any such sites. Any
linked sites are provided to you only as a convenience. The inclusion of
any link does not imply affiliation, endorsement or adoption by us of the
linked site or any information contained therein. When leaving this Site,
you should be aware that our terms and policies may no longer govern the
usage of a linked site and, therefore, you should review the applicable
terms, conditions and policies, including privacy and data-gathering
practices, of each linked site.
12. GIFT CERTIFICATE / CODE (GC)
1. This gift code is
valid for 7 days from the date of registration.
2. Participation in
the scheme is by invitation only.
3. The person who has
been invited to use the gift code shall redeem the gift code as against
ARYASAMAJTODAY.COM.com products only.
4. The gift code
cannot be encashed.
5. If the price of the
ARYASAMAJTODAY.COM.com product exceeds the gift code value, then the
difference will have to be paid by the customer at the time of purchase.
6. A gift code can be
redeemed only once.
7. Any unused balance
on the gift code cannot be encashed or refunded by ARYASAMAJTODAY.COM.com.
8. The validity period
of the gift code may be extended at the sole discretion of
ARYASAMAJTODAY.COM.com
9. ARYASAMAJTODAY.COM.com
will not accept any responsibility whatsoever for the loss of the gift
code.
10. The gift code
cannot be exchanged for cash.
11. The decision of
ARYASAMAJTODAY.COM.com in verifying the gift codes submitted for redemption
shall be final and no correspondence will be entertained in this regard.
12. During the scheme
period, ARYASAMAJTODAY.COM.com products will also be available without this
offer.
13. ARYASAMAJTODAY.COM.com
reserves the right to extend, cancel, discontinue, withdraw, change, alter
or modify the terms and conditions of this scheme, at its sole discretion
at any time during its validity with or without previous notifications and
without assigning any reason.
14. ARYASAMAJTODAY.COM.com
reserves the right to call off the scheme at any time before scheduled
expiry of this scheme.
13. Intellectual Property Infringement Complaints
It is MDG's strict policy to respect the intellectual property rights of
others. MDG has taken adequate measures to ensure that the content on the
website is displayed either with the permission from their respective
owners or MDG believes the same to be in public domain. However if you
believe that your intellectual property has been infringed upon, please
provide us with the following information:
1. a description of
the intellectual property that you claim has been infringed, as well as, an
explanation as to why you believe in good faith that the disputed use is
not authorized by the intellectual property owner, its agent, or the law;
2. the location on the
Site of the material that you claim is infringing;
3. your address,
telephone number, and email address;
4. a statement signed
by you, made under penalty of perjury, that the above information in your
notice is accurate and that you are the intellectual property owner or
authorized to act on the intellectual property owner's behalf.
Send to:
MDG NA Inc. Media Services
4613 N. University Ave
#482
Coral Springs, FL
33067, USA
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE,
AND ANY CONTENT AVAILABLE ON THIS SITE, ARE PROVIDED ON AN
"AS-IS" AND "AS AVAILABLE" BASIS.
NEITHER WE NOR ANY OF OUR BUSINESS PARTNERS REPRESENT OR WARRANT THAT THIS
SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE
CORRECTED, OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS; NOR DO WE OR THEY MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT
THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF
THIS SITE OR ANY CONTENT AVAILABLE ON THIS SITE.
PRODUCT COMPARISONS DO NOT IMPLY THAT ALL PRODUCTS COMPARED ARE AVAILABLE,
OR IN THE CASE OF FUNCTIONAL EQUIVALENCY, THAT PERFORMANCE OR OTHER
CHARACTERISTICS ARE EXACTLY COMPARABLE.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND EACH OF OUR
BUSINESS PARTNERS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH
RESPECT TO THIS SITE OR ANY CONTENT AVAILABLE ON THIS SITE.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT
ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS,
DISTRIBUTORS AND SUPPLIERS.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, WITH RESPECT TO PRODUCTS AND SERVICES LISTED OR
PURCHASED ON OR THROUGH THIS SITE.
WE DISCLAIM ANY AND ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS
THAT ARE DUE TO NORMAL WEAR, PRODUCT
MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION,
NON-COMPLIANCE WITH ANY CODES, OR MISAPPLICATION.
WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE
MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.
THE VIEWS EXPRESSED IN ANY ARTICLE, PROPOSITION, OPINION ETC. ON THE SITE
ARE VIEWS OF THE INDIVIDUUAL AUTHORS AND WE DISCLAIM ANY AND ALL LIABILITY
IN THIS RESPECT INCLUDING ANY LOSS, DAMAGE AND OFFENCE TO OR HURTING THE
SENTIMENT OF ANY PERSON / ORGANISATION AND /OR THE SOCIETY IN GENERAL. THE
DEPENDABILITY ON ARTICLES, PROPOSITIONS, OPINIONS ETC. BY VARIOUS AUTHORS
ON THIS SITE SHALL BE AT THE USERS OWN DISCRETION / RISK.
15. Limitations of Liability
IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY CONTENT, YOU AGREE THAT
YOUR SOLE REMEDY IS TO CEASE USING THIS SITE.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR BUSINESS PARTNERS, OR ANY OF
OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES,
AGENTS OR REPRESENTATIVES, OR ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING, TRANSMITTING OR DISTRIBUTING THIS SITE OR ANY PART THEREOF, BE
LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR
SPECIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THIS SITE OR ANY
CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE OR LISTED ON IT, WHETHER UNDER
A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT OF ANY PROBLEM WITH "ANY PURCHASE ON THIS SITE", YOU
AGREE THAT YOUR SOLE REMEDY IS "LIMITED TO REPLACEMENT OF THE
PRODUCT".
IT WOULD BE YOUR RESPONSIBILITY TO RETURN THE DEFECTIVE PRODUCT FOR
INVESTIGATION TO US AT YOUR COST AND WE WILL TRANSPORT THE REPLACEMENT.
You agree to indemnify and hold us harmless from any claim, action, demand,
loss or damages (including attorneys' fees) arising out of or related to
your use of this Site, any purchases you make on or through this Site,
Content you post or transmit on this Site, any violation of these Terms and
Conditions by you, or any violation of any rights of any person or entity
by you.
Any dispute or difference between the parties hereto shall be settled by
arbitration that will be subject to / governed by The Laws of NY State. The
Arbitrator shall be appointed or nominated by MDG. The language of the
arbitration shall be English and the venue of arbitration shall be NY
State.
The Arbitrator shall have power to give interim directions and orders and
also publish interim awards and award interests and costs. The courts at NY
State shall have exclusive jurisdiction in respect of any matter concerning
arbitration of disputes under this agreement.
The Arbitrator shall have power to give interim directions and orders and
also publish interim awards and award interests and costs. The courts at NY
State shall have exclusive jurisdiction in respect of any matter concerning
arbitration of disputes under this agreement.
1. These Terms &
Conditions and/or the orders placed by the User on MDG NA Inc.
goods/services and/or the use of services provided through
www.aryasamajtoday.com.com shall be governed by the laws of NY State, USA
and no other nation. The User agrees to submit to the exclusive
jurisdiction of the Courts located in NY, USA as regards any claims or
matters arising under these terms & conditions.
2. MDG NA Inc. accepts
no liability whatsoever, direct or indirect, for noncompliance with the
laws of any country other than the USA.
3. The mere fact that
the www.aryasamajtoday.com Service can be accessed through Internet by a User
in a country other than USA
shall not be interpreted to imply that the laws of the said country govern
these terms and conditions and/or the operations in the
www.aryasamajtoday.com accounts of the User and/or the use of
www.aryasamajtoday.com
4. The orders for any
products/services placed on the site accessed through Internet by a User in
a country shall be deemed to be placed at NY, USA for all purposes legal or
otherwise.
These Terms and Conditions and any other policies, rules or guidelines
posted by MDG on this Site and incorporated herein by reference constitute
the sole agreement between you and us relating to your use of this Site and
the subject matter hereof, and no representations, statements or
inducements, oral or written, not contained in these Terms and Conditions
shall bind either of us.
Any of these Terms and Conditions which are determined to be invalid or
unenforceable in any jurisdiction shall be ineffective to the extent of
such invalidity or unenforceability in such jurisdiction, without rendering
invalid or unenforceable any of the remaining Terms and Conditions or
affecting the validity or enforceability of these Terms and Conditions in
any other jurisdiction. No waiver by us of any right under these Terms and
Conditions will be deemed to be either a waiver of any other right or
provision or a waiver of that same right or provision at any other time.
You may not assign, transfer or delegate your rights or obligations
hereunder, in whole or in part, without our prior written consent. These
Terms and Conditions shall be binding upon and inure to the benefit of each
of us and our respective successors and permitted assigns.
Any action or claim against us must be brought within one year following
the date on which the claim first accrued or shall be deemed forever
waived. We reserve all rights not expressly granted herein.
A printed version of these Terms and Conditions and of any related notice
given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to these Terms and Conditions to the
same extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form.
All our shipping are done from our facility in NY and CDs are sent in
specially designed packaging to avoid any transit damages. MDG should not
be held liable for any damages to the CD cases etc. occurring at the
courier's end. Also, any complaints regarding replacement due to
manufacturing defects will be attended to only after the receipt of the
original CD. The songs are recorded on recordable CDs (CDRs) and hence may
not play on some DVD players.
In case you intend using the CDs bought on MDG.com on a DVD player, it is advisable
to check with your DVD player manufacturer about CDR compatibility before
placing an order. Returns related to this issue will not be accepted.
Any returns after 90 days from the date of purchase/invoicing (whichever
may be earlier) for any defects would not be accepted.
21. Shipping and Delivery
MDG is always working to improve the quality and cost of shipping for both
our US
and international customers. For this reason, shipping rates and policies
are subject to change without notice.
The standard shipping time is 14 working days from the date of payment
clearance, though it may get delayed due to unforeseen circumstances, which
may not be under our control. MDG does not guarantee any fixed delivery
times once it is dispatched from our Premises.
The shipping charges if charged extra or otherwise, shall be for the first
attempt to deliver to the address as given by the customer during the
placement of the order. If for any reason, it is returned undelivered, the
company will not be held liable for delivering the consignment again. The
customer would need to pay for the shipping charges (as applicable) for
delivering the consignment again to the address specified by the customer.
The price of each Customised CD excludes the shipping and handling charges,
which depends on the order size and the shipping location and will appear
in your payment stage of the order confirmation.
MDG NA Inc is not responsible for Credit Card Companies charging anything
extra for service charges etc. We would request you to check with your
Credit Card company for details regarding International transactions.
MDG NA Inc will not be responsible for any local taxes/duties levied by the
country of your residence for our shipments.
If you have any questions regarding this Site or any requests for
additional information concerning MDG, please send us an email at : mail@aryasamajtoday.org
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