With regard to our editorial, the following sections detail our content policies and procedures.
It is our goal and our mission to bring you news and updates delivered as accurately as possible. We want you to trust us and believe in our objectivity and accuracy. The content on our site is practical as well as relevant.
Our wide variety of topics cover just about your every bits and pieces of health information you need. And because we aim to serve you, we filter certain types of information. We make sure that these are applicable to your personal health. We also highly rely on you, our reader, to choose the information that is most appropriate. As accurate as we try to be, always trust the opinion of your doctor above everything else. We’re simply here to supplement the facts they give.
Hence, always seek professional advice regarding your concerns and questions about the topics you’ve read.
So, without further ado, here’s the Editorial Selection Criteria for Original Content
Colon Health Magazine creates original content based upon the following criteria:
- Relevance – These include issues that could affect how you manage your own health and those around you. Topics cover a variety of health news, drug and product launches, recalls, and alerts, health advisories, and expert commentary.
- Clinical Significance – Included here are the latest medical findings published in a variety of well-known medical sites.
- Trends – These cover seasonal interests including summer safety, allergy seasons, and colds and flu. We also dabble in public health awareness such as Breast Cancer Awareness Month and Healthy Heart Month.
Our Content Is Unique
Our content is reliable. While the online world is crammed with outdated and inaccurate information, we at Colon Health Magazine stand head and shoulders above the rest.
The news and stories we feature are based on editors’ selections. Our news articles are more than just a mere summary. The articles created contain interviews with the medical researchers and with objective experts.
Editorial Policy for Colon Health Magazine Editorial Staff
Colon Health Magazine News is an independent media service. Our goal is to provide news, information, and educational materials to all our readers, professional or not. The content we create is free from influence by sponsors, partners, or other sources.
Any one part of our editorial staff must fully disclose any financial or other interests that he or she may have in any drug, biotech, medical device, or other company perceived to have a strong foothold in the healthcare industry. The immediate supervisor was informed at the time of hiring. The supervisor then determines whether the interest presents a conflict and if there’s something that needs to be done to eliminate it.
Our editorial staff is kept separated and distinct from staff dedicated to sponsors or partners. Each one is charged with the responsibility of providing objective, accurate, and well-balanced descriptions of latest events and issues. Our reporters diligently seek out stories or qualified experts for the commentary. They also seek objective commentary that comes from a qualified spokesperson. This is how we maintain balance. This is also how we ensure ethical behavior at the highest professional standards.
News & Original Article Process
During each working day, our journalists plan the daily news budget. These must contain the latest information from the most important medical journals, announcements from federal health agencies, and analyses on the latest health trends. Our experienced health reporters talk or meet with prominent medical leaders on a regular basis to get in-depth analyses, updates, and profiles that give our health news and content a perspective that’s unique to only us. Then, the original articles are carefully reviewed by our qualified staff editors.
Our editorial staff gets their stories from several sources: selected peer-reviewed medical journals, medical conferences, federal or state government actions, and enterprise material derived from interviews with medical experts. We also believe that valuable content is available from sponsors, advertisers, and partners. We simply make sure that such content is properly and clearly labeled.
As with our standard operating procedure, each completed story is reviewed by a medical editor for accuracy, appropriateness of medical language, and proper characterization. The story is also reviewed for style, flow, punctuation, and readability. This is only when the story progresses from editing to publishing.
When we license health and wellness content from third parties for publication, our senior editorial editors review the policies and procedures for consistency and without conflict of interest. Thus, content is accurate, timely, and relevant at all times.
Sponsored Content and Advertising
As you access our web site, you will see that some content, buttons, badges, and banners are labeled Sponsored, From Our Sponsor, or Advertisement. This content is not subject to the editorial policy. Content, buttons, badges, or banners labeled From Our Sponsor are still subject to policy established.
The following guidelines have been established by Colon Health Magazine to govern various aspects of Advertising on the network. These include websites and mobile applications directed to consumers. We refer to this as the Colon Health Magazine Consumer Properties. The websites and mobile applications directed to health care professionals are referred to as the Colon Health Magazine Professional Properties.
As used here, the terms “Advertising” and “Advertisements” are as follows:
- Third party banners
- Contextual advertising
- Sponsored content
The guidelines stated in this policy cover issues like acceptance of advertisements by Colon Health Magazine, how advertisements are displayed, and how advertisements from the Colon Health Magazine network are removed. We from Colon Health Magazine have the sole and absolute discretion for this. We make it our job to interpret and enforce the policy. We also have the right to change the policy any time we deem necessary.
Please read the guidelines as stated below:
- We have sole discretion for determining the types of Advertising that will be accepted and displayed. Under no circumstances will this be considered an endorsement for the company that advertises, manufactures, distributes, or promotes the products or services we mention.
- We do not accept Advertising that is not accurate or done professionally.
There are certain categories that we will not permit. These include the following:
- Illegal or ‘objectionable’ products (we reserve the right to determine what is ‘objectionable’)
- Fraudulent, deceptive, illicit, misleading or offensive material
- Material that misrepresents, ridicules, discriminates (real or implied) or attacks an individual or group on based on personal reasons.
- Weapons, firearms, ammunition, or fireworks
- Pornography or related themes
- Tobacco use
- Material that directly advertises products to children under the age of 13
- Media or messages that fall under the “M” rated video games or content
- Unreasonable, unlikely or extraordinary product or service claims
- Media messages or imagery that strobe or flash
- Media or messages that contain unsubstantiated claims
- Advertising units that extend beyond the defined space
- Advertising units that do not retract to the defined advertising space upon user scroll off or do not contain a “close” or “X” for user to retract or close the ad unit/message after user initiation
- Advertising units that mimic computer functions
We also recognize the difference between advertising, sponsored content, and editorial content. Thus, we treat each as a separate entity with varying guidelines.
Clicking on the advertisement will link you to the third-party’s advertiser’s site or to relevant sponsored content area that fall under site property.
We retain the exclusive right to determine how any and all search results for certain pieces of information by keyword or topic are displayed. The content listed is displayed with its source. If sponsored content appears, it is labeled as such, and the same rules apply to the other information that we filter.
We also follow the terms stated on the Google Ads and link them to the corresponding sites.
While third party content must adhere to this Advertising Policy, labeling content is governed by our specified policy. More importantly, advertising should not link directly to a registration/email capture page.
We reserve the right to approve whether any advertising will be accepted, rejected, cancelled, or removed at any time. We will provide prompt notice in all cases of cancellation, rejection, or removal.
It is the advertiser’s responsibility to comply with all domestic and foreign laws and regulations applicable within the network. These include legally required legends, disclosures, and statements.
Advertising should not include pixels, tags, flash containers or any other type of information collection software code. We shall filter beacons, cookies, or other information for our protection.
We recognize the fact that consumer product companies can have significant influence over consumer health. These sponsorships come in the form of advertising. These enable us to provide you with our quality and informative content at no cost whatsoever.
We merely provide our sponsors with opportunities to bring marketing information about their products and services.
For further information, read our Advertising Policy.
We aim to create an environment in which readers can empower themselves so that they can achieve health through educational materials and tools.
It is through sponsorship that we continue to expand. By publishing educational content, we aim to help our readers be informed and make better health and life choices. We talk about healthy diet, physical activity, well-being, safety and prevention, and the many ways to achieve a well-balanced and healthy lifestyle.
Our objectives are as follows:
- Help enhance the health of our readers from all over the world
- Develop reliable and pertinent materials and tools on health education based on facts, recent studies, health statistics and rigorous research
- Send positive health messages
We support and follow the Council of Medical Specialty Societies (CMSS) Code for Interaction with Companies. This is a code we’ve entered into voluntarily and responsibly, as it is designed to ensure that societies’ interactions with companies are independent and transparent.
Editorial Policy and Content Development
As per indicated, content is written and reviewed by professional editors at all times. For further information about the content development process, see our editorial policy.
Affiliate Compensation Disclosure
This Affiliate Compensation Disclosure is provided by Kyzooma Private Limited (“Kyzooma Private Limited” or “we” or “our”), and applies to this website, including, without limitation, both mobile and online versions of our websites (collectively, referred to herein as the “Site”), and is provided for the purpose of disclosing our financial relationship with affiliates, advertisers, sponsors and other third parties that appear on the Site (collectively, referred to herein as “Affiliates”), pursuant to the Federal Trade Commission’s Guides Concerning the Use of Endorsement and Testimonials in Advertising, 16 C.F.R. Part 255.
In certain articles on this site, we link to certain services and resources for building and promoting products and brands. We belong to selected affiliate programs, and we do make a commission if you decide to purchase through our affiliate links. We first and foremost want to fully disclose this relationship, but also reassure you that any financial incentive does not influence what we say about a particular product or service.
Our Affiliates include or have included (not a complete list and the parties are subject to change at any time):
Linkshare, Commission Junction, PepperJam/Ebay Affiliates, Share-a-Sale, iHealth, Morniche, Marketheatlh, Amazon Associates, Associacash, Google Adsense, Sellhealth
Should you have any questions, comments or concerns and would like to receive an answer or ask a question prior to purchasing any product or service mentioned on this Site, you can contact us via our online form.
Copyright and DMCA Policy
COMPANY OVERVIEW: We are one of the largest providers of online health solutions that attracts a large and engaged audience of consumers and healthcare professionals. Our mission is to connect the world’s leading healthcare brands with engaged, health-conscious consumers. The provided information often includes, general health topics and concerns, product information, reviews, buying guides, product specifications, and personalized recommendations. We also provide e-commerce purchasing information, such as prices, availability and referral sites. All of this information transparently displayed on our websites.
Web Values and Principles
GRAPHICS: We use only authoritative sources. We do not project, surmise or estimate in a graphic. We create work only from what we know. We create charts at visually proper perspectives to give an accurate representation of data. We do not skew or alter data to fit a visual need.
IMAGES: All images appearing on our website are 100% licensed and/or are owned by our contributors (photographers / graphic designers). All rights in the images are protected by international copyright laws. We do not alter or digitally manipulate the content of a photograph in any way.
OBSCENITIES, PROFANITIES, VULGARITIES: We do not use obscenities, racial epithets or other offensive slurs.
USE OF OTHERS’ MATERIALS: Any of writers who reports and writes a story must use 100% original content, language and phrasing. We do not plagiarize, meaning that we do not take the work of others and pass it off as our own.
COPYRIGHT POLICY: We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement (“Infringement”) of any person. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of “Copyright Infringement” of and include in your notice a detailed description of the alleged Infringement.You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
OUR POLICY REGARDING DMCA TAKEDOWN NOTICES: The Digital Millennium Copyright Act was passed by the United States Congress to protect the interest of the copyright owners on the digital space within the United States and not Internationally. We have a fine bunch of copyright lawyers with a complete knowledge of the DMCA and therefore enables us to have a thorough and complete understanding of the DMCA and who it applies to.
USE AND ABUSE OF THE DMCA TAKEDOWN REQUEST PROCESS: DMCA takedown notices unfortunately are being used as an an easy way for many United States marketing companies and/or individuals to get copyrighted information pulled from sites. The process is abused when people request the takedown of perfectly legal content and images. DMCA Takedown Notices can have substantial implications on a website’s online presence. Takedown Notices can interrupt access to one’s site, potential disrupt or halt their business, and can possibly result in the deletion of their site’s user comments and feedback. With these potentially serious consequences in mind.
Our Copyright Policy is confined to drafting and following the laws of Intellectual Property Rights and related issues in our jurisdiction domain of India. Having said that:
1) We respect the intellectual property rights of others. It is our policy to respond to any legitimate claim that Content posted on the Service infringes the copyright or other intellectual property infringement (“Infringement”) of any person related to issues in India and governed by Indian law. We also respect the legitimate copyrights and complaints of foreign entities.
2) If you are a copyright owner, or authorized on behalf of one, with a business that falls within the jurisdiction of India and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of “Copyright Infringement” of and include in your notice a detailed description of the alleged Infringement. You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
Those submitting a DMCA notice for material on which you own a copyright, it’s important to consider if the manner in which the material is used falls under fair use, also the fact that the DMCA is applicable to only the United States laws and not those of India. We will not remove content or images merely because a DMCA Takedown Notice has been issued to us or any of our hosting providers. We are not a United States entity, and do not fall under such jurisdiction. If you are not sure material located on or linked-to our sites infringes please be advised that they may be liable for damages (including costs and attorneys’ fees) if they materially misrepresent that material or activity is infringing, and they have Indian jurisdiction – and we have and will seek to collect those damages. Abuse or threats with DMCA Takedown Notices are taken very seriously. Once again, the Digital Millennium Copyright Act was passed by the United States Congress to protect the interest of legitimate of copyright owners on the digital space residing within the United States.
FINANCIAL INTERESTS: All content and/or employees who regularly write or edit business or financial news must always avoid any conflict of interest or the appearance of any conflict of interest in connection with the performance of these duties. For these reasons, these employees must disclose any relationship that may we have between a product manufacturer, supplier or service provider when we write about a product or service. We disclose that material connection with a notation on such works.
Governing Law and Jurisdiction: Any dispute arising out of or related to these Terms and Conditions, the use of the Site, or the purchase of any products and services offered by or accessed through the Site shall be governed by the laws of the India, our website belongs to an Indian Company with without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of the Terms and Conditions of all policies and conflicts arising with our company.
FTC Disclosure Policy
The US Federal Trade Commission requires that we disclose any relationship that we have between a product manufacturer, supplier or service provider when we write about a product or service. Here are the guidelines that we follow.
Our website ColonHealthMagazine.com is a commercial website, and, as such, runs advertising on pages of the site. When writing a product or service review, we are never paid for doing a review. We invest our personal time and money to present anecdotal reviews. If the website has a link to a product or service, we may get paid a commission if you purchase the product or service. No publisher, manufacturer, supplier or advertiser will ever influence the content, topics or posts made on this website. The reviews contain factual information that is easily verifiable. We always try to provide an honest and accurate assessment. The review includes a section that is a subjective summary. This is based on the personal experience and/or opinions of the reviewer. Attempts are made to establish the general consensus in relation to specific products by reading reviews of those products on other sites, along with user testimonials and we attempt to accurately portray this overall perception in our reviews. We always try and provide links to the manufacturers’ website to provide additional information that is not available in our reviews. Some of this information can include customer testimonials, more specific product details, sales information, etc.
Product names, logos, brands and other trademarks appearing on this website are the property of their respective holders, and are used only to directly describe the products and services offered. Use of these trademarks in no way indicates any relationship between this website and the holders of the trademarks. Rather, any usage of third party trademarks by us is to refer to such products is considered nominative fair use under trademark law. These said or referred to trademark holders are not affiliated with this site, or any of our services, products or websites. Nor do said or referred to trademarks sponsor, endorse or express any opinion as to the correctness of our comments, products or endeavors, not excluding direct or indirect interaction with said trademarks.
In today’s internet world, we feel it is important for you to understand the relationship between a person reviewing the product and the manufacturer, supplier or service provider. The opinions expressed on this website may not necessarily reflect the views of the owners of the products or services that we review. As a visitor to our website, your contributions are always appreciated.
This policy elaborates on the process of information gathering and dissemination. What may be collected about you when you use our services made available, how this information may be used, how you can control how your information is used, and what precautions are taken against unauthorized access or use of your information are explained and elaborated here.
The services may be provided in a variety of mediums and devices now known or hereinafter developed including mobile applications, and include without limitation news, reference tools and applications, sponsored programs, personalized content, continuing medical education, communication tools and discussion boards.
For any significant change on the policy, we will take steps to inform you in a timely fashion. For minor changes, we may or may not inform you. However, when the changes can significantly affect the way we handle personal information, we will not apply the changes without giving you a choice.
Information We Collect
In this section, we discuss the different types of information that we may collect about you and the collection process that goes with it.
1. From Unregistered Visitors
2. From Registered Visitors
3. From Outside Sources
We reserve the right to collect additional information about registered users from third party sources to further assist us in our services. We will use such information to verify and update registration information and confirm licensure status.
- Discussion Boards: When you post a message to a discussion board, your basic profile will be available for all registered users to see. This said basic profile includes name, specialty, and geographic information. You have the choice to display additional information. Just make sure that you do not post any information about you or any other person to a discussion board or other public forum if you want to keep such information private. Information posted is considered public information and may be used by us and by third parties.
- Tools: Clinical tools are made available through the services. These tools require you to provide information for the tools to operate. These are designed to store information that you provide.
- Additional Forms and Emails: We may also ask you to provide additional information if you want to obtain additional services or to resolve concerns.
- Market Research: As a registered user, you may be invited to participate in a sponsored or non-sponsored market research survey via email invitation, on-site pop-up, or other means. The survey may be administered by one of our companies or a third party market research establishment. Should you choose to participate, provide a response to the survey questions. You may then again be asked to provide further personally identifiable information. Refer to the section on Uses and Disclosures We Make of Your Information for this.
We collect non-personally identifiable information through cookies. This is merely a small data file that your browser allows us to place on your hard drive so we can associate you with the device you have.
We assign cookies for:
- Track usage across the Professional Sites and Services
- Help us dynamically generate advertising and content to users
- Assess which professional site pages and services you access
If you are registered, we may decide to associate your registration information with our cookies. This step allows us to provide more customized content, including advertisements, and enhance personalization and functionality of the services.
As stated below, when you download and install any of our mobile applications onto your device, we assign a random number for your installation. This is similar to a cookie.
Most browser software can be set to reject all cookies. If your browser is set to reject, websites that are cookie-enabled will not recognize you when you return to our site. It’s important to note that some website functionality may be lost.
Refer to the help section of your browser to access options.
We may use web beacons and cookies to serve you targeted advertisements when you visit other sites owned and operated by us. We may also use web beacons to track emails. Web beacons are tiny graphic image files, embedded in a website page that notify the home server (which can belong to the host website, a network advertiser, or some other third party) on a non-personally identifiable basis. This may also result in a cookie.
Our contracts with third parties whose web beacons may be placed on our sites to assist us in targeting its advertising are not owned and operated by the people on our end. These web beacons place cookies to enable third parties to collect non-personally identifiable information about you. These third parties have agreed not to use incriminating or personal information. Again, if your browser is set to reject cookies, this non-personally identifiable information will not be sent.
With sale of advertising, we may allow a third party to place a cookie on your browser to enable advertisers to recognize your browser on a non-personally identifiable basis. One again, the same procedures apply.
Certain Ad Servers and third party firms allow you to prevent them from collecting data or serving advertisements through the use of their cookies. You can opt of it. You can also do this for Cookies for several Ad Servers and analytic firms by visiting the Network Advertising Initiative gateway opt-out website. Head over to this site will also allow you to review the privacy policies.
We are committed to protecting the children. The Professional Sites and Services are solely for adults over the age of 18.
Uses and Disclosures We Make of Information
The personally identifiable information that you provide will be used to provide the services you have requested or authorized.
We create aggregate data about users for product development and improvement, and for market analysis. We may provide information about users in aggregate form to third parties. The information is done professionally, with your well-being in mind at all times. For instance, we may tell a client what percentage of registered users of the site reside in a particular geographical area or specialize in a particular clinical area, or what percentage of participants in a market research survey selected a particular response to a survey question.
When aggregated information is provided to a third party, it is pooled along with other individual records. These are stripped of any data that could be used to identify you. Any third party that receives aggregated information must agree to this procedure.
Marketing and Advertising
We may also personalize the services and the advertising that registered users see based on individual interests.
We may also share personally identifiable information with third parties as described below.
- Market Research: From time to time, we may invite you to participate in sponsored or non-sponsored market research surveys as further described above. Should you choose to participate in a survey administered by a third-party market research company, this company may identify you. Nonetheless, we require these companies to approve policies that protect you.
- Business Transfers: If one of us transfers a business unit or an asset to another company, we ensure that these companies to honor the terms.
- Legal Requirements: We only release account and other personally identifiable information when (1) it is required to comply with valid legal requirements such as a law, regulation, search warrant, subpoena or court order; or (2) when it is reasonable in response to a threat. In the event that the unfortunate happens, we will attempt to notify you unless doing so would violate the law, court order or government instruction.
- Consent: We always get your consent, especially in the release of personally identifiable information to a third party.
If we discover that a third party inadvertently disclosed personally identifiable information about any of our users, we will take immediate action for your safety and precaution.
Security of Information
Here are the security measures we take to protect information we have collected.
We have implemented technology and security policies, rules and other measures to protect personal data. This is to ensure and respect your confidentiality. We use security methods to determine the identity of registered users, so that appropriate rights and restrictions can be enforced. Reliable verification of user identity is called authentication. We use both passwords and usernames for this. Users are mainly responsible for maintaining passwords.
Employees are required to keep your information private. Only authorized employees are permitted to access health information. Everyone is duty-bound to abide by this to avoid termination and legal action.
Access to Information and Choices
We obtain and correct information about you. For errors, you may edit your personal profile any time. Requests for deletion of your record may result in your removal, but we may keep certain demographic information for product improvement purposes. You may contact Customer Support and ask for the changes you deem necessary.
Use of your Information Outside of the EEA
We will collect, store, and process information about your use of the Services in countries outside of the European Economic Area (EEA) as necessary. This is the task that every legitimate business must do.
By using the Services, you agree to such collection, storage, and processing outside of the EEA. We take the necessary steps to ensure your information is protected.
Terms & Conditions
This site is owned and operated by Kyzooma Private Limited, 15, Software Technology Park, Link Road, Sadar, Nagpur, Maharashtra 440001
2. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
3. Trademarks. Product names, logos, brands and other trademarks appearing on this website are the property of their respective holders, and are used only to directly describe the products and services offered. Use of these trademarks in no way indicates any relationship between this website and the holders of the trademarks. Rather, any usage of third party trademarks by us is to refer to such products is considered nominative fair use under trademark law. These said or referred to trademark holders are not affiliated with this site, or any of our services, products or websites. Nor do said or referred to trademarks sponsor, endorse or express any opinion as to the correctness of our comments, products or endeavors, not excluding direct or indirect interaction with said trademarks.
4. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sub-license, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
5. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
6. Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
7. Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.
8. Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
9. Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.
11. Third-Party Services. We allow access to or advertise third-party client / associate / vendor sites (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON- INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
12. Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
14. Payments. You represent and warrant that if you are purchasing something from us or from our Merchants that (i) any credit card information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
15. Links to Other Web Sites. The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
16. Copyrights and Copyright Agents. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and email address;
- 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; and
- 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.
Before submitting a DMCA notice for material on which you own a copyright, it’s important to consider if the manner in which the material is used falls under fair use. If you are not sure material located on or linked-to by a our site infringes your copyright, you should consider first contacting an attorney. Please be advised that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material or activity is infringing – and we have and will seek to collect those damages. Send your complaint to our designated agent via the website Contact Us form.
17. Miscellaneous. This Agreement shall be treated as though it were executed and performed in Nagpur, Maharashtra, India and shall be governed by and construed in accordance with the laws of the Government of India and Maharashtra State Government (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8 and Section 10. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Nagpur, Maharashtra, India. You expressly submit to the exclusive jurisdiction of said courts and consents to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. This Agreement constitutes the entire and only agreement between us and you and super-cedes any and all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, goods and services provided by or through the Site, and the subject matter of this Agreement. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.