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Legend Amrapali

Terms & Conditions

In General

The Terms and Conditions (a.k.a. “The Agreement” “Terms”) set forth apply to www.legendamrapali.com (the “Website” or the “Site”).  Legend Amrapali (“Legend”, “we”, or “us”) owns and operates this Site.  These terms govern your relationship with Legend, and create legally binding conditions that regulate your use of the Site and the subsequent purchase of products offered by the Site.  Access to and use of this Site are subject to the following terms and conditions, and by using this Site, you are agreeing to all of the terms, conditions, policies, and notices that will follow.  This page should be referred to regularly to keep up to date with any changes that have been made to the Terms and Conditions. Use of the Site is considered acceptance to the terms and conditions set forth in this Agreement.

 Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Site without notice. We will not be liable if for any reason the Site is unavailable at any time or for any period.  From time to time, we may restrict access to some parts or this entire Site.

 License

By complying with these Terms, you are granted a limited, revocable, non-assignable, non-transferrable, non-sub-licensable, non-exclusive license to use this Site. If, for whatever reason, you are found to be violating said compliance, this license may be revoked without notice.  No rights are granted, if not expressly listed.

 Rule and Prohibitions

You must not misuse this Website.  You agree that you will not violate any applicable law or regulation while using this Website.  You agree that you are responsible for all actions associated with your account or use of the Site, and all charges incurred by your account or in connection with your account.

 You agree that you will not:

  1. Commit or encourage a criminal offense;
  2. Transmit or distribute a virus, Trojan horse, worm, logic bomb, or any other digital material that is malicious, technologically harmful, in breach of confidence, or in any way offensive or obscene;
  3. Hack into any aspect of the Site, or otherwise interfere with the Site’s operations;
  4. Corrupt data;
  5. Attempt to modify, adapt, translate, copy, reverse engineer, decompile, or disassemble any portion of the Website;
  6. Take action to overload the Site’s infrastructure (reasonability of action is our sole discretion);
  7. Mine, scrape, or collect content, including but not limited to contact information or email addresses, from the Site without authorization;
  8. Submit false, misleading, or fraudulent information to the Site;
  9. Impersonate another person or business;
  10. Cause annoyance to other users;
  11. Infringe upon the rights of any other person’s proprietary rights;
  12. Send any unsolicited advertising or promotional material, commonly referred to as “spam”;
  13. Attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.  

 You may not access, nor are you licensed to access, any portion or feature of this Site that is not public.  You also may not attempt to override or bypass and security measures that have been established to protect the Site.

 Breaching this provision could be considered a criminal offense and Legend reserves the right to report any such breach to the relevant law enforcement authorities.

 Violation of these rules and conditions may result in, but is not limited to, termination of your access to the Site.

 We are not liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of this Website or to your downloading any material posted on the Site.

 Conduct

Registration may be required to access some features available on the Site.  By engaging in the act of registration, you agree to provide true, accurate, current, and complete information about yourself.

 A password is required to utilize certain features of the Site.  Once registered, it is you sole responsibility to keep track of and to protect your password.  By registering you agree that any statements, purchases, or other acts made through the use of your password are your sole responsibility.  We will operate under the assumption that any correspondence received under your password is from you, unless otherwise notified.  If there is a belief that your account or password has been compromised, please contact us as soon as possible.

 You or your affiliates are prohibited from framing the Site or using our proprietary marks as meta tags, without express written consent from us.  These marks include, but are not limited to, “Legend”, “Legend Amrapali”, “Legend by Amrapali”, and “Amrapali”.  You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without express written consent from us.  In addition, you must not use any Site content in any meta tags or any other “hidden text” method without our express written consent.  

 Accuracy, Completeness, and Timeliness of Information on the Site

Legend is not responsible if some information on the Site is not accurate, complete, or correct.  Due to fluctuations in the marketplace, there are times when the Site may contain information that is out of date.  The matter and data contained on the Site are meant to be consumed for general informational purposes only and should not be solely relied upon in the decision making process.  Relying on the information set forth on the Site should be done at your own risk.  We reserve the right to change or modify the content of the Site at any time, but we are not under any obligation to keep the information as current as possible.  It is your responsibility to monitor the changes made to the Site and to use that information as fit.

 Intellectual Property, Software, and Content; Use of Materials on the Site

The intellectual property rights in all software and content made available through this Website remain the sole property of Legend and are protected by copyright and other intellectual property laws and treaties around the world. All text, copy, design logos, icons, images, audio clips, video clips, downloads, interfaces, codes, software selection and arrangement thereof, and all other features of the Site are exclusive property of Legend.  All graphics, logos, designs, and all other features are considered trademarks, trade names, and trade dress and as such are also protected under the law.  The Site’s layout, including but not limited to the visual ambience as well as the basic “feel” of the Site are protected by U.S. copyright law.  You may not use any marks, designs, or other copyrighted material available on this Site for any reason, unless otherwise expressly permitted by Legend.

 You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content available on the Site.  You also may not use any such content in connection with any business or commercial enterprise.

 Any use of the Site in a manner not intended, at the discretion of Legend, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, or use of the Site for purposes deemed in competition with Legend, is expressly and unequivocally prohibited.

 Materials You Submit

Content is not requested nor solicited on this Site.  However if suggestions, information, or ideas are submitted to the Site, you hereby grant us, in perpetuity, the irrevocable, royalty-free license to create, reproduce, modify, or use, in any way we see fit, any or all parts of the submission.  You also grant Legend, in perpetuity, an irrevocable, royalty-free, unrestricted, nonexclusive, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such material via any means in our capacity whether actual or digital.

 You also acknowledge that we are in no way required to use or maintain any content submitted by you, the user.  We reserve the right to remove, discard, or delete any such material at any time.  You, as a user, are responsible for any material that you submit to Legend, through any means of delivery, whether actual or digital.

 Terms of Sale

By placing an order, you are offering to purchase a product on and subject to the following terms and conditions.  All orders are subject to availability and confirmation of order price.  Shipment times may vary according to availability and will be subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

 In order to contract with Legend, a purchaser must possess a valid credit or debit card issued by a bank acceptable to our organization.  Legend retains the right to refuse any request made by a purchaser.  Once an order is accepted, we will inform you by email, confirming the identity of the party you have contracted with.  When placing an order, you undertake that all details you provide to us are true and accurate, notably that you are an authorized user of the credit or debit card provided to place said order, and that there are sufficient funds to cover the costs associated with the purchase.  All prices advertised are subject to change.

 Process:

1)      Once an order is placed, you will receive an acknowledgement confirming receipt of your order.  This acknowledgment will serve as a contract for goods ordered only when those goods have been dispatched to the purchaser.

2)      All details, descriptions, and prices will be kept accurate to the best of Legend’s ability. Should an error occur, a purchaser will be notified as soon as possible, and will be given the option to reconfirm the purchase at the correct price, or cancel the order.  If attempts to contact a purchaser are unsuccessful, the order will be treated as canceled.  If you cancel an order due to the notification of error in detail, description, or price, you will receive a full refund.

3)      Upon receiving an order, we carry out a standard authorization check on your form of payment to ensure there are sufficient funds to fulfill and complete the transaction.  Your card will be charged or debited upon authorization being received. 

 Sales are subject to our RETURN POLICY.

 Disclaimer of Liability

UNLESS EXPRESSLY STATED TO THE CONTRARY TO THE FULLEST EXTENT PERMITTED BY LAW, LEGEND AND ITS SUPPLIERS, CONTENT PROVIDERS, AND ADVERTISERS HEREBY EXPRESSLY EXCLUDE ALL CONDITIONS, WARRANTIES, AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW, OR THE LAW OF EQUITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, DAMAGE TO GOODWILL OR REPUTATION, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, ARISING OUT OF OR RELATED TO THE USE POSTED THEREON, IRRESPECTIVE OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR ARISE IN CONTRACT, TORT, EQUITY, RESTITUTION, BY STATUTE, AT COMMON LAW OR OTHERWISE.

 USE OF THIS SITE IS AT YOUR SOLE RISK.  LEGEND DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, THAT SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT DATA TRANSMISSION OR STORAGE IS SECURE, OR THAT THE SERVICE IS FREE OF INACCURACIES, MISREPRESENTATIONS, VIRUSES, OR OTHER HARMFUL INFORMATION OR COMPONENTS.

 YOU AGREE AND ACKNOWLEDGE THAT THE SERVICES PROVIDED BY THE SITE AND ANY PRODUCTS PROCURED FROM THE SITE ARE PROVIDED “AS IS” AND WILL BE DISPATCHED “AS AVAILABLE”, WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY, AND WE, OUR EMPLOYEES, PARENTS, OR ANYONE AFFILIATED WITH LEGEND SPECIFICALLY DISCLAIM AND IMPLIED WARRANTIES OF TITLE, ACCURACY, SUITABILITY, APPLICABILITY, MERCHANTABILITY, PERFORMANCE, FITNESS, NON-INFRINGEMENT, OR ANY OTHER WARRANTIES OF ANY KIND NOT ALREADY DESCRIBED IN THIS DISCLAIMER.  NO ADVICE, INFORMATION, OR RESPONSE GIVED TO YOU FROM US SHALL CREATE ANY WARRANTY OR OATH. 

 In the event that a court shall find the previous disclaimer not enforceable, you hereby agree that neither we, nor any of our subsidiaries or affiliated companies, nor individual members of those subsidiaries or affiliated companies shall be liable for 1) damages exceeding the greater of $500 or the purchase price of goods sold, or 2) any and all types of damages, loss of use, revenue, profits, or data to you or any potential third party stemming from the use of the Site or services provided by the Site.  This limitation shall apply regardless of your basis of claim.

 Indemnification

You agree to indemnify, defend, and hold harmless Legend, its directors, officers, employees, consultants, agents, and all affiliates from any and all third party claims, liability, damages, and/or costs (including but not limited to, legal fees) arising from your use of the Site.

 Links

The following is a disclaimer as to ownership of trademarks, images of personalities, articles, text, data, and third party copyright.  Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Site are in no way associated, linked, or affiliated with Legend and you should not rely on the existence of such a connection or affiliation.  Any trademarks or trade names featured on this Site are owned by the respective trademark owners.  Where a trademark or brand name is referred to, it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Legend.

 Copyright

If you believe, in good faith, that any material posted on the Site infringes the copyright of your work, please contact our office at 1-800-210-6773 or email us at clientservices@legendamrapali.com and provide the following information:

1)      A physical or electronic signature of a person authorized to act on behalf of the owner;

2)      Identification of the copyrighted work claimed to be infringed;

3)      Identification of the material that is claimed to be infringing

4)      Contact information for us to follow up on your claim;

5)      A statement that the authorized party is submitting the complaint in good faith, under the penalty of perjury

 

Jurisdiction and Applicable Law

The laws of the State of New York govern these Terms and Conditions and your use of this Site, and you irrevocably consent to the exclusive jurisdiction of the courts in New York for any action arising out of or relating to these Terms and Conditions or use of this Site. 

 By using this Site, you hereby waive any objection to this venue as inconvenient or inappropriate, and agree to exclusive jurisdiction and venue in New York.

 Arbitration of Disputes

In lieu of a lawsuit, you agree that any dispute relating to the Site shall be submitted to confidential arbitration in the state of New York.  Any arbitration shall be conducted according to the rules of the American Arbitration Association.  The arbitrator’s ruling shall be binding and any potential award of damages may be entered as a judgment in any court of competent jurisdiction, to the fullest extent permitted by applicable law.

 Arbitrations shall proceed on an individual basis.  By submitting your claim to arbitration, as is required by the Terms, you waive the right to trial by jury, to assert or participate in a class action lawsuit or class action arbitration, and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitrations of any kind.

 Severability

If any provision of The Agreement is found for any reason to be unlawful, void, or unenforceable, the remaining provisions of the agreement will continue to be fully valid, binding and enforceable.

 Variation

Legend shall have the right in its absolute discretion at any time and without notice to amend, remove, or vary the Terms and Conditions set for there, or to make changes on any page of the Site.  In the event that changes are made, you may be required to re-affirm The Agreement, whether by use of the Site or otherwise.

 No Partnership

You agree and understand that no partnership, agency, employment, or joint venture may be established as a result of this Agreement or your use of this Site.

 Assignment

We may assign our rights under the Agreement, in whole or in part, to any person or entity at any time, without notice or your consent.  You may not assign your role according to the Agreement to any other party without our express, written consent.

 Waiver

If you breach the Agreement and we do not take action, we are not waiving the right to do so, and we will still be entitled to use our rights and remedies in any other instance of breach of the Agreement.

 Notice

All notices required to be given by you shall be submitted in writing and addressed to clientservices@legendamrapali.com

 Equitable Remedies

You hereby agree that your violation of the Agreement would cause irreparable harm and damage if the Agreement was not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of the Agreement, as well as other remedies that we have available to us under the prevailing law.

 Entirety

The above Terms and Conditions constitute the entire agreement of the parties and hereby supersedes and all preceding and contemporaneous agreements between you and Legend.  Any waiver of any provision of the Agreement will be effective only if in writing and signed by a Director of Legend.

 

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