This Terms of Service Agreement (the "Agreement") governs your use of this website, Uton Energia, 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. Uton Energia 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. Uton Energia 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. Uton Energia 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 Uton Energia 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 Agreement.
Customer Solicitation Unless you notify our direct Uton
Energia 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 Uton Energiaand its designated in house
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
info@utonenergia.com
3. You may send a written remove request to [Vindhya C5-202, IIIT Hyderabad campus, Gachibowli,
Hyderabad,
Telangana-500032].
Proprietary Rights. Uton Energia has proprietary rights and trade secrets in
the Products. You may not copy,
reproduce, resell or redistribute any Product manufactured and/or distributed by Uton Energia. Uton Energia also has
rights to all trademarks and trade dress and specific layouts of this webpage, including calls to
action, textplacement, images and other information.
Sales Tax. If you purchase any Products, you will be responsible for paying any applicable sales tax.
Content; Intellectual 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. Uton
Energia does not always create the information
offered on this Website; instead the information is often gathered from other sources. To the extent
that Uton Energia
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. Uton
Energia does not endorse the contents on any
such third-party websites. Uton Energia 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; Uton Energia 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 Uton Energia 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 Uton Energia 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. Uton Energia 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. Uton Energia is not liable for any
damage
or harm resulting from any posts by or
interactions between users. Uton Energia reserves the right, but has no
obligation, to monitor interactions between
and among users of the Website and to remove any content Uton Energia deems
objectionable
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. Uton
Energia 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, Uton
Energia makes no warranty:
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.
Uton
Energia 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.
Uton
EnergiaWILL 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 Uton
Energia, 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 Uton
Energia When Uton
Energia is threatened with suit or sued by a
third party, Uton
Energia may seek written assurances from you concerning your promise to indemnify Uton
Energia;
your failure to provide such assurances may be considered by Uton
Energia to be a material breach of this Agreement.
Uton
Energia 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 Uton
Energia choice at its expense. Uton
Energia 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 Uton
Energia against any claim, but you must receive Uton
Energia 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.
Uton
Energia believes strongly in protecting user privacy and providing you with notice of use of
data. Please refer
to Uton
Energia privacy policy, incorporated by reference herein, that is posted on the Website.
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. Uton
Energia 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. Uton
Energia 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 Uton
Energia and
supersedes any prior
agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of Uton
Energia 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 and effect.
Governing Law; Jurisdiction. This Website originates from the [Hyderabad, Telangana]. This Agreement
will be governed by
the laws of the State of [Telangana state] without regard to its conflict of law principles to the
contrary. Neither you
nor Uton
Energia 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 Telangana. 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
documents.
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. Uton
Energia 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 Uton
Energia 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, [Uton
Energia] 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 Uton
Energia chooses, in its sole discretion and without
advance to you, to
terminate it.
Domestic Use. Uton
Energia 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. [Uton
Energia] may assign its
rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.