The materials on the Site are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Natraj International, Inc. expressly disclaims any duty to update or revise the materials on the Site, although Natraj International, Inc. may modify the materials at any time without notice. Your use of the Site is at your sole risk, and you assume full responsibility for any costs associated with your use of the Site. Natraj International, Inc. shall not be liable for any damages of any kind related to your use of the Sites.
Indemnification
You agree to defend, indemnify and hold Natraj International, Inc. harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement.
Dispute Resolution
Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and Natraj International, Inc. agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute.
Notice shall be sent
(1) to Natraj Interanational, Inc., dba Nina's Indian British Grocery, 23532 El Toro Road, #20, Lake Forest, CA 92630 or
(2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.
Both you and Natraj International, Inc. agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
Choice of Law
This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of California, County of Orange and/or the Southern District of California. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Natraj International, Inc.'s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Site.
Termination
These terms are effective unless and until terminated by either you or Natraj International, Inc. You may terminate this Agreement at any time. Natraj International, Inc. also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
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