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TERMS OF SERVICE

Welcome to Vibrant Tech

The Vibrant Tech web site operated at the following URL www.vibranttech.com, the 'Site' is provided by Vibrant Tech Inc. ('Vibrant Tech') to you ('You'), subject to the following terms and conditions set forth herein (the 'Terms of Use'). By using the Site, you agree to abide by the Terms of Use. If you do not agree with the Terms of Use for the Site, please do not use this Site. Vibrant Tech reserves the right to change or update these Terms of Use at any time, by posting a new Terms of Use on the Site. Please read the Terms of Use. Your continued use of this Site following the posting of changes to the Terms of Use will constitute your acceptance of any changes thereto. Vibrant Tech cannot be responsible for, and does not control, the practices of the Organizations it is involved with in any sense.

Conditions and Restrictions on use:

You acknowledge and agree that:

  1. Use of the Site is subject to compliance with these Terms of Use.
  2. Vibrant Tech reserves the right to terminate or suspend any user's access to the Site for any reason or for no reason at all, at Vibrant Tech's sole discretion, without notice.

Modifications to Site:

Vibrant Tech as a convenience provides access to the Site to Corporate Enterprises and their employees. Vibrant Tech reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. The Site may contain inaccuracies and typographical errors. Vibrant Tech does not warrant the accuracy or completeness of the information displayed or distributed through the Site.

DISCLAIMER:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SITE AND INFORMATION CONTAINED THEREIN IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. VIBRANT TECH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

VIBRANT TECH MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE INFORMATION CONTAINED THEREIN WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PROMOTED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SITE WILL BE CORRECTED. VIBRANT TECH SHALL NOT BE RESPONSIBLE FOR, AND YOU HEREBY WAIVE ANY CLAIMS THAT YOU MAY HAVE AGAINST VIBRANT TECH FOR SERVICE INTERRUPTIONS ON THE SITE.

ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VIBRANT TECH OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE OR IN ANY RELEVANT PURCHASE ORDER.

LIMITATION OF LIABILITY:

IN NO EVENT SHALL VIBRANT TECH BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOST GOODWILL, OR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES). IN NO EVENT WILL VIBRANT TECH'S LIABILITY, ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE SITE OR YOUR USE THEREOF, HOWEVER ARISING, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED ONE THOUSAND DOLLARS ($1000.00), REGARDLESS OF WHETHER VIBRANT TECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY. SOME STATES LIMIT DISCLAIMERS OF CERTAIN LIABILITIES, SO CERTAIN OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

Intellectual Property:

Except as expressly provided, nothing within the Site shall be construed as conferring any license under any of Vibrant Tech's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. The Site, its content and all intellectual property rights included therein (including but not limited to copyrights, trademarks and service marks) are owned or licensed by Vibrant Tech, and all right, title and interest therein shall remain the property of Vibrant Tech and/or its licensees and successors. You agree not to remove any copyright, trademark or other intellectual property notice or any proprietary notice or legend contained on the Site or its content, including any such posted information.

Trademark Information:

Vibrant Tech and all other trademarks, service marks, logos and product and service names are property of Vibrant Tech Inc. (the 'Vibrant Tech Marks'). Without Vibrant Tech's prior permission, you agree not to display or use in any manner the Vibrant Tech Marks.

Termination:

If you become dissatisfied with the Site, in any way, your only recourse and remedy is to immediately discontinue use of the Site; provided, however, that such termination would not relieve you of any obligations accruing or arising prior to the date of such termination.

Indemnification:

You shall indemnify, defend, and hold harmless Vibrant Tech and its employees, agents, successors, officers, directors and assigns, from and against any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) arising out of or relating to any claim or action based upon Your breach of these Terms of Use.

Copyrights And Copyright Agent:

Vibrant Tech respects the intellectual property of others, and we ask our users to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide Vibrant Tech's copyright agent the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that You claim has been infringed; (iii) a description of where the material that You claim is infringing is located on the site; (iv) Your address, telephone number, and email address; (v) a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

Vibrant Tech's copyright agent for notice of claims of copyright infringement can be reached as follows:

Vibrant Tech

Opposite to Regional Passport Office,

14, Nanjappa Reddy Layout,

8th Block, Koramangala,

Bangalore 560095

Tel: +91 +80 25711004

Fax: +91 +80 25711008
Fax: (800) 928-6574


Notices:

In the case of Vibrant Tech, any notices shall be given by e-mail to termsofuse@Vibrant Tech.com with hard copy by reputable international courier sent to the address noted above in Section 13 Attention: Customer Care. For Your part, you agree to receive any notice at the e-mail address you provide to Vibrant Tech during registration, or such other e-mail address as you may provide or so designate in writing at a later date. Notice shall be deemed received 24 hours after any e-mail is sent, unless the sending party is notified that the recipient's e-mail address is invalid. Alternatively, at our option, we may give You notice by commercial courier service or by certified mail, postage prepaid and return receipt requested, to the address provided to Vibrant Tech during registration, or such other address as You may provide or so designate in writing at a later date. In such case, notice shall be deemed given when sent. We will place a link on the Vibrant Tech home page directing all registered users to the appropriate page for amendments to these terms and conditions as well as urgent information or important news for members.

Severance:

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

Headings:

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

No Waiver:

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

Choice of Law:

These Terms of Use shall be governed by the laws of the Karnataka State, excluding that body of laws known as conflicts of laws.

Entire Agreement:

These Terms of Use set forth the entire understanding and agreement between you and Vibrant Tech with respect to the subject matter hereof.

Additional Information:

If you have any questions that were not addressed in these Terms of Use, You may Contact Us at termsofuse@Vibrant Tech.com or at the following:

Vibrant Tech

Opposite to Regional Passport Office,

14, Nanjappa Reddy Layout,

8 th Block, Koramangala,

Bangalore 560095

Tel: +91 +80 25711004

Fax: +91 +80 25711008

 

 







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+91 80 25200916

HOTLINE@VIBRANTTECH.COM
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