LAST REVISION: [15.06.2021]
PLEASE READ THIS TERMS OF SERVICE
AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS
WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS
This Terms of Service
Agreement (the "Agreement") governs your use of this website, Zordo
Technologies offer of products for purchase on this Website, or your purchase
of products available on this Website. This Agreement includes, and
incorporates by this reference, the policies and guidelines referenced below. Zordo
Technologies reserves the right to change or revise the terms and conditions of
this Agreement at any time by posting any changes or a revised Agreement on
this Website. Zordo Technologies will alert you that changes or revisions have
been made by indicating on the top of this Agreement the date it was last
revised. The changed or revised Agreement will be effective immediately after
it is posted on this Website. Your use of the Website following the posting any
such changes or of a revised Agreement will constitute your acceptance of any
such changes or revisions. Zordo Technologies encourages you to review this
Agreement whenever you visit the Website to make sure that you understand the
terms and conditions governing use of the Website. This Agreement does not
alter in any way the terms or conditions of any other written agreement you may
have with Zordo Technologies for other products or services. If you do not
agree to this Agreement (including any referenced policies or guidelines),
please immediately terminate your use of the Website. If you would like to
print this Agreement, please click the print button on your browser toolbar.
Terms of Offer. This Website offers
for sale certain products (the "Products"). By placing an order for
Products through this Website, you agree to the terms set forth in this
Solicitation: Unless you notify our
third party call center reps or direct Zordo
Technologies sales reps, while they are calling you, of your desire to
opt out from further direct company communications and solicitations, you are
agreeing to continue to receive further emails and call solicitations Zordo Technologies and its designated in house
or third party call team(s).
Opt Out Procedure: We provide 3 easy
ways to opt out of from future solicitations. 1. You may use the opt out link
found in any email solicitation that you may receive. 2. You may also choose to
opt out, via sending your email address to: [email protected]
3. You may send a written remove
request to > Zordo Technologies, Kuchaman City, Nagaur, Rajasthan, India,
Proprietary Rights. Zordo Technologies has proprietary rights and
trade secrets in the Products. You may not copy, reproduce, resell or
redistribute any Product manufactured and/or distributed by Zordo Technologies. Zordo Technologies also has rights to all
trademarks and trade dress and specific layouts of this webpage, including
calls to action, text placement, images and other information.
Sales Tax. If you
purchase any Products, you will be responsible for paying any applicable sales
Property; Third Party Links. In addition to making Products available, this
Website also offers information and marketing materials. This Website also
offers information, both directly and through indirect links to third-party
websites, about nutritional and dietary supplements. Zordo Technologies does
not always create the information offered on this Website; instead the
information is often gathered from other sources. To the extent that Zordo
Technologies does create the content on this Website, such content is protected
by intellectual property laws of the India, foreign nations, and international
bodies. Unauthorized use of the material may violate copyright, trademark,
and/or other laws. You acknowledge that your use of the content on this Website
is for personal, noncommercial use. Any links to third-party websites are
provided solely as a convenience to you. Zordo Technologies does not endorse
the contents on any such third-party websites. Zordo Technologies is not
responsible for the content of or any damage that may result from your access
to or reliance on these third-party websites. If you link to third-party
websites, you do so at your own risk.
Use of Website; Zordo Technologies is not responsible for any
damages resulting from use of this website by anyone. You will not use the
Website for illegal purposes. You will (1) abide by all applicable local,
state, national, and international laws and regulations in your use of the
Website (including laws regarding intellectual property), (2) not interfere
with or disrupt the use and enjoyment of the Website by other users, (3) not
resell material on the Website, (4) not engage, directly or indirectly, in
transmission of "spam", chain letters, junk mail or any other type of
unsolicited communication, and (5) not defame, harass, abuse, or disrupt other
users of the Website
License. By using this Website, you
are granted a limited, non-exclusive, non-transferable right to use the content
and materials on the Website in connection with your normal, noncommercial, use
of the Website. You may not copy, reproduce, transmit, distribute, or create
derivative works of such content or information without express written
authorization from Zordo Technologies or
the applicable third party (if third party content is at issue).
Posting. By posting,
storing, or transmitting any content on the Website, you hereby grant Zordo
Technologies a perpetual, worldwide, non-exclusive, royalty-free, assignable,
right and license to use, copy, display, perform, create derivative works from,
distribute, have distributed, transmit and assign such content in any form, in
all media now known or hereinafter created, anywhere in the world. Zordo
Technologies does not have the ability to control the nature of the
user-generated content offered through the Website. You are solely responsible
for your interactions with other users of the Website and any content you post.
Zordo Technologies is not liable for any damage or harm resulting from any
posts by or interactions between users. Zordo Technologies reserves the right,
but has no obligation, to monitor interactions between and among users of the
Website and to remove any content Zordo Technologies deems objectionable, in
MuscleUP Nutrition 's sole discretion.
DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR
PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. Zordo Technologies EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY
RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. ("PRODUCTS"
INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, Zordo Technologies MAKES NO
THAT THE INFORMATION PROVIDED ON THIS
WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRD-PARTY WEBSITES
ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT
EXPRESSLY STATED HEREIN.
AS TO THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.
REGARDING ANY PRODUCTS PURCHASED OR
OBTAINED THROUGH THE WEBSITE.
SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE,
WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS
AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING,
FOR PRODUCTS PURCHASED VIA THE WEBSITE.
WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY
MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO
USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE
PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS
ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.
SOME JURISDICTIONS DO
NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You will release,
indemnify, defend and hold harmless Zordo Technologies, and any of its
contractors, agents, employees, officers, directors, shareholders, affiliates
and assigns from all liabilities, claims, damages, costs and expenses,
including reasonable attorneys' fees and expenses, of third parties relating to
or arising out of (1) this Agreement or the breach of your warranties,
representations and obligations under this Agreement; (2) the Website content
or your use of the Website content; (3) the Products or your use of the
Products (including Trial Products); (4) any intellectual property or other
proprietary right of any person or entity; (5) your violation of any provision
of this Agreement; or (6) any information or data you supplied to Zordo
Technologies. When Zordo
Technologies is threatened with suit or sued by a third party, Zordo
Technologies may seek written assurances from you concerning your promise to
indemnify Zordo Technologies; your failure to provide such assurances may be
considered by Zordo Technologies to be a material breach of this Agreement. Zordo
Technologies will have the right to participate in any defense by you of a
third-party claim related to your use of any of the Website content or
Products, with counsel of Zordo Technologies choice at its expense. Zordo
Technologies will reasonably cooperate in any defense by you of a third-party
claim at your request and expense. You will have sole responsibility to defend Zordo
Technologies against any claim, but you must receive Zordo Technologies prior
written consent regarding any related settlement. The terms of this provision
will survive any termination or cancellation of this Agreement or your use of
the Website or Products.
Zordo Technologies believes
strongly in protecting user privacy and providing you with notice of MuscleUP
incorporated by reference herein, that is posted on the Website.
AGREEMENT TO BE BOUND
By using this Website
or ordering Products, you acknowledge that you have read and agree to be bound
by this Agreement and all terms and conditions on this Website.
Force Majeure. Zordo Technologies will not be deemed in default
hereunder or held responsible for any cessation, interruption or delay in the
performance of its obligations hereunder due to earthquake, flood, fire, storm,
natural disaster, act of God, war, terrorism, armed conflict, labor strike,
lockout, or boycott.
Cessation of Operation. Zordo Technologies may at any time, in its sole
discretion and without advance notice to you, cease operation of the Website
and distribution of the Products.
Entire Agreement. This Agreement
comprises the entire agreement between you and Zordo
Technologies and supersedes any prior agreements pertaining to the
subject matter contained herein.
Effect of Waiver. The failure of Zordo Technologies to exercise or enforce any
right or provision of this Agreement will not constitute a waiver of such right
or provision. If any provision of this Agreement is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of this Agreement remain in full force
Governing Law; Jurisdiction. This
Website originates from the Kuchaman City, Rajasthan. This Agreement will be
governed by the laws of the State of Rajasthan without regard to its conflict
of law principles to the contrary. Neither you nor Zordo Technologies will commence or prosecute
any suit, proceeding or claim to enforce the provisions of this Agreement, to
recover damages for breach of or default of this Agreement, or otherwise
arising under or by reason of this Agreement, other than in courts located in
State of Rajasthan. By using this Website or ordering Products, you consent to
the jurisdiction and venue of such courts in connection with any action, suit,
proceeding or claim arising under or by reason of this Agreement. You hereby
waive any right to trial by jury arising out of this Agreement and any related
Statute of Limitation. You agree that
regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Website or Products or this Agreement
must be filed within one (1) year after such claim or cause of action arose or
be forever barred.
Waiver of Class Action Rights. BY
ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY
HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR
SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR
CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. Zordo Technologies reserves the right to
terminate your access to the Website if it reasonably believes, in its sole
discretion, that you have breached any of the terms and conditions of this
Agreement. Following termination, you will not be permitted to use the Website
and Zordo Technologies may, in its sole
discretion and without advance notice to you, cancel any outstanding orders for
Products. If your access to the Website is terminated, Zordo Technologies reserves the right to
exercise whatever means it deems necessary to prevent unauthorized access of
the Website. This Agreement will survive indefinitely unless and until Zordo Technologies chooses, in its sole
discretion and without advance to you, to terminate it.
Domestic Use. Zordo
Technologies makes no representation that the Website or Products are
appropriate or available for use in locations outside India. Users who access
the Website from outside India do so at their own risk and initiative and must
bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and
obligations under this Agreement to anyone. Zordo Technologies may assign its
rights and obligations under this Agreement in its sole discretion and without
advance notice to you.
USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND
CONDITIONS OF THIS AGREEMENT.