Agreement between Danvita Group of Companies and You

This site is operated by Danvita (India) Pvt. Ltd and DanvitaThermal LLC (“Danvita”,“us,” or “we”). Danvita offers this site to you conditioned on your acceptance without modification of the terms, conditions, and notices contained in the se Terms of Use and any written agreement(s) executed and in effect with Danvita in connection with any of our products (collectively, the “Product Agreement”). In the event of any conflict between any Product Agreement and these Terms of Use, the terms of the Product Agreement take precedence. Your use of this site constitutes agreement to all of these Terms of Use, subject to the terms of any Product Agreement. If you do not agree to and accept these Terms of Use as superseded by any Product Agreement, please exit this site.

Information on this Site

Danvita makes no express or implied representation or warranty about the accuracy, completeness, reliability, or timeliness of information provided on this site. You should not use or rely on the information on this site as the sole basis for making decisions. You agree that you have responsibility to monitor changes to this site. Danvita reserve the right to modify this site at any time without notice, but do not undertake any responsibility to update or correct the site.

Use of Site Content

This site and all of its content are the exclusive property of Danvita. This includes, without limitation, all text, design, graphics, videos, logos, images, icons, downloads, interfaces, code, and software, and the selection and arrangement thereof. This site and all of its content are protected individually and as a compilation by copyright, trademark, and other applicable laws of the United States and other countries, and Danvita reserves all its rights thereunder. All trademarks, service marks, and logos on this site are the property of their respective owners. Nothing on this site shall be construed as granting any license or right to use any trademark, service mark, or logo without the owner’s prior written permission, except as otherwise expressly stated herein or in any Product Agreement. Danvita makes no warranty or representation that your use of this site will not infringe rights of third parties.

Danvita allows site users to access, download, print, and copy the material contained on this site for their use in connection with our products and services, provided that such use must be limited to what is reasonably necessary for such purposes, and that users must not modify or delete any copyright, trademark, or other proprietary notice on such material. Danvita expressly prohibits any other use of content of this site, including without limitation copying, uploading, modifying, distributing, publishing, transmitting, reverse engineering, selling, licensing, or creating derivative works from any content of this site or the Danvita products or services described herein. Any use of content of this site for purposes competitive to Danvita is expressly prohibited. Danvita also expressly prohibit any use of any hardware, device, software, or routine to damage or interfere with this site or its operation or to gain unauthorized access to any hardware, software, system, or data.

Danvita prohibit anyone from framing this site or its content or using our site content or proprietary marks as meta tags, except with our prior written consent. This prohibition covers all framing and “hidden text” techniques and technology.

Materials You Submit

Your use of this site constitutes acknowledgement that you are responsible for any material you submit via this site in any manner. Your responsibility includes without limitation assuring the legality, ownership of and truthfulness of and intellectual property and other rights to the information you submit. You may not submit false or misleading information about your identity or contact addresses or the origin of the material you are submitting, including when registering and submitting content using the site. You are prohibited from submitting, uploading, publishing, or otherwise distributing in connection with this site any content that (i) may violate any law or give rise to liability; (ii) may violate or infringe on the rights of any party, including without limitation intellectual property rights and rights to privacy; (iii) is false, fraudulent, libelous, defamatory, obscene, sexually oriented, profane, threatening, harassing, abusive, or otherwise objectionable; (iv) is confidential or proprietary to a third party without their authorization; or (v) may contain malware, spam, commercial content, political campaigning, or chain letters.

Submission of personal information to Danvita or its service providers and use of that information by Danvita are subject to the section on Privacy Policy set forth below. By submitting any material to Danvitavia this site, you are granting Danvita and its affiliates an unrestricted, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, translate, distribute, and create derivative works from such material throughout the world in any media. You further agree that Danvita and its affiliates are free to use any ideas, concepts, or know-how specifically regarding the services provided on the site that you or individuals acting on your behalf provide to us. You grant Danvita and its affiliates in their discretion the right to use the name you submit in connection with such material. With respect to all material you submit, you represent and warrant that (i) it is accurate; (ii) you own or otherwise control all the rights to it; (iii) its use does not violate any provision of these Terms of Use; (iv) its use will not cause injury to any person or entity; and (v) you will indemnify and hold harmless Danvita, its affiliates, and its respective directors, officers, members, managers, employees, contractors and subcontractors, agents, licensors, service providers, and suppliers for all claims resulting from it.

Links

As a convenience to you, this site may contain links to other sites operated by Danvita its affiliates, or third parties. Different terms and conditions may apply to your use of linked sites. Danvita is not responsible for the content, security, operation, or use of any linked sites operated by others or the products or services that may be offered or obtained through those sites. Inclusion of links to other sites should not be viewed as recommendation, approval, or endorsement of those sites or their content by Danvita. Danvita is not responsible for any loss, damages, or other liabilities incurred as a result of your use of linked sites.

Privacy Policy

Danvita is committed to respecting the privacy and security of your personal information. By using this site, or by providing your information to use or to our service providers, you consent to the collection, use and disclosure of your information in accordance with the Terms of Use for the site, and any Product Agreement.

The information we receive and how we use it depends on what you do when visiting the site. You may provide us and our service providers personal information using the site in a number of ways, for example by entering that information into data fields on the site, posting information on or messaging through the site or communications with us using the contact information at the end of these Terms of Use. Danvita may also collect certain non-public personal information, data that does not identify you as an individual person. This information tells us about how people use the site so that we can analyze its effectiveness through a variety of technologies, including “cookies” and analysis applications discussed below.

Like every website, Danvita servers automatically and temporarily store the following information in the server log files. This information is provided by your browser, unless you have deactivated the function.

• P address of the enquiring computer

• File query by the client

• The http response code

• The internet page from which you visited us (referrer URL)

• The time of the server query
  

• The browser type and version

• The operating system used on the enquiring computer

The server log files are not analyzed with respect to individuals. At no time can this data be attributed to specific individuals. The data are not pooled with other data sources.

As is standard practice on many websites, the site may use “cookies” and other technologies to study traffic patterns on the site, to improve its functionality and usability as well as to improve the effectiveness of Danvita communications with its users. Danvita may also use cookies to customize your experience and provide greater convenience to you during your interactions with the site.

A cookie is a unique alphanumeric identifier that websites use to help identify the number of unique visitors to a website, whether or not those visitors are repeat visitors, and the source of the visits. Cookies cannot be executed as code or used to deliver a virus and thus pose no threat to you. Servers and sites other than the one placing the cookie on your hard drive cannot read the cookie, and no personal information can be gathered by other servers from the cookie. If you prefer not to enable cookies or to disable them, you may do so through your web browser’s security settings. Please note that certain features of the Site may not be available once cookies have been disabled.

Like most websites, the Site gathers certain information automatically and stores it in log files. This information includes internet protocol (“IP”) addresses, browser type, operating system, internet service provider (“ISP”), referring/exit pages, date/time stamp of access, and clickstream data. When you visit the site, the servers automatically log your IP address, the time and duration of your visit, and the time and duration spent on the pages of the Site which you view. If you arrive at the site by clicking a paid advertisement or a link in a communication, then the server will capture information that tracks your visit from that link. If you arrive at the site by clicking on a non-paid source, such as a search engine result or link on another website, the server may capture information that tracks your visit from that source, to the extent available.

Danvita and its service providers may use your personal information to provide our products and services and to contact you in response to inquiries you submit. Danvita and its service providers retain and use your information for as long as needed to provide you services, respond to questions or input, comply with legal obligations, resolve disputes, and enforce our agreements. Danvita reserves certain rights with respect to information provided through the site, and requires certain representations about such information.

Danvita has implemented reasonable physical, technical, and organizational safeguards to help protect your personal information from unauthorized access, acquisition, or disclosure, alteration, or destruction. Although we strive to keep your personal information secure, no safeguards can be guaranteed to be completely secure, so you should exercise caution when transferring personal and other sensitive information over the Internet. Please advise us immediately at the address listed below of any incident involving the loss of or unauthorized access to or disclosure of personal information that is in our custody or control.

These Terms of Use does not create or confer upon any individual any rights, or impose upon Danvita any rights or obligations outside of, or in addition to, any rights or obligations imposed by applicable country, state, and other privacy laws, as applicable. Should there be, in a specific case, any inconsistency between these Terms of Use and applicable privacy laws, these Terms of Use shall be interpreted in that case to give effect to, and comply with, such privacy laws.

Disclaimers

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DANVITA DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO (I) THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (II) ANY WARRANTIES REGARDING TITLE AND NONINFRINGEMENT; AND (III) ANY WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE

OR COURSE OF DEALING. DANVITA MAKE NO REPRESENTATION OR WARRANTY THAT (A) THIS SITE OR ANY TECHNOLOGY ASSOCIATED WITH IT WILL BE SECURE OR FREE FROM MALWARE; (B) ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (C) INFORMATION ON THE SITE WILL BE ACCURATE, COMPLETE, OR TIMELY; OR (D) USE OF INFORMATION OR MATERIALS ON THIS SITE WILL BE ADEQUATE, USEFUL, RELIABLE, OR SUITABLE FOR ANY PURPOSE. NO ORAL OR WRITTEN ADVICE OR INFORMATION YOU MAY OBTAIN FROM DANVITA OR THROUGH OR FROM THIS SITE SHALL CREATE ANY WARRANTY OF ANY KIND. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THIS SITE, INCLUDING WITHOUT LIMITATION FROM UPLOADING OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE.

THE LAWS OF CERTAIN JURISDICTIONS MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES. IN SUCH A JURISDICTION, THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE TO ALL OF THE FOLLOWING: (I) THIS SITE IS MADE AVAILABLE TO YOU IN CONNECTION WITH OUR SERVICES AND SUBJECT TO THE TERMS AND CONDITIONS HEREIN AND OF ANY PRODUCT AGREEMENT; (II) YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THIS SITE; (III) USE OF THIS SITE IS AT YOUR OWN RISK; (IV) ANY INFORMATION YOU SEND OR RECEIVE MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES; AND (V) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN WRITTEN AGREEMENTS EXECUTED BETWEEN US, NEITHER DANVITA, NOR ITS AFFILIATES, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK OR INFORMATION ON THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR ANY DELAY OR INABILITY TO USE THIS SITE, OR FROM ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THIS SITE, THE REMOVAL OR DELETION OF ANY MATERIALS POSTED ON OR SUBMITTED TO THIS SITE, THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES AND/OR GOODS, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE, RELIANCE ON CONTENT, USER SUBMISSIONS, AND/OR OTHER SUBMISSIONS ON OUR SITE, OR ANYTHING OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF DANVITA ITS AFFILIATES, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY ERROR, OMISSION, DEFECT, FAILURE OF PERFORMANCE, INTERRUPTION, DELETION, DELAY, MALWARE, DATA CORRUPTION, OR NETWORK OR SYSTEM OUTAGE RELATING TO THIS SITE. THIS DISCLAIMER ALSO APPLIES TO ANY TANGIBLE OR INTANGIBLE LOSS, INCLUDING WITHOUT LIMITATION ANY LOSS OF YOUR OR ANY THIRD PARTY’S PROFITS, AND ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS, OR USE OF ANY RECORD OR DATA. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT DANVITA, ITS AFFILIATES, AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY ACTS OF ANY THIRD PARTY IN CONNECTION WITH THIS SITE, INCLUDING WITHOUT LIMITATION ANY ILLEGAL, DEFAMATORY, OFFENSIVE, OR UNAUTHORIZED CONDUCT BY ANY USER OF THIS SITE.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THIS SITE, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE PRODUCT AGREEMENT. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS. IN SUCH JURISDICTIONS, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless Danvita, its affiliates, and its respective directors, officers, members, managers, employees, contractors and subcontractors, agents, licensors, service providers, and suppliers from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of this site or any violation of these Terms of Use. If you cause a technical disruption of the site or the systems making the site available to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Danvita reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Danvita in the defense of such matter.

Jurisdiction and Applicable Law

These Terms of Use and your use of this site are governed by the laws of the United States and the State of Texas. By using this site in the absence of any Product Agreement, you irrevocably consent to the jurisdiction of the courts located in the State of Texas for any action arising out of or relating to use of this site or to these Terms of Use.

We recognize that this site may be accessed from anywhere in the world, and that the laws of the jurisdictions in which some users are located may differ substantially from those of the United States and the State of Texas. Users should be aware that data related to this site is hosted in the United States. Because we cannot practicably prevent users in different jurisdictions from accessing the site, you are responsible for knowing and complying with the laws of your jurisdiction. If such laws conflict with your use of this site or any of its content, this site is not intended for you, and we ask you not to use it.

You acknowledge and agree that materials found on this site may be subject to the U.S. Export Administration Laws and Regulations. Diversion of such materials contrary to U.S. law is prohibited. You agree that none of the materials, nor any direct product therefrom, are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Iraq, North Korea, Syria, and the Sudan. This list is subject to change without further notice from Danvita, and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce’s Denied Persons List or affiliated lists or on the U.S. Department of Treasury’s Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

Termination or Restriction of Access

Danvita reserves the right to remove or bar any person from this site and prevent anyone from uploading or downloading materials to or from this site, without notice and in Danvita’s sole discretion. Danvita also reserves all other rights it may have, including without limitation the right to seek any other relief to which Danvita may be entitled by law or in equity.

No Waiver

You agree that any failure by Danvita to enforce any provision of these Terms of Use or respond to a breach by you or another party does not in any way waive our right to enforce subsequently any provision of these Terms of Use or any right of Danvita or to act with respect to similar breaches.

Changes to These Terms of Use

Danvita reserves the right, at any time and in its sole discretion, to change these Terms of Use in whole or in part, by posting revised Terms of Use on this site. Where practicable, we shall provide you with thirty (30) days’ notice of any material changes to this site. You are responsible for reviewing, agreeing to, and complying with the Terms of Use in effect at the time you use this site, subject to any Product Agreement. Your continued use of this site constitutes acceptance of the Terms of Use then in effect, subject to any Product Agreement.

Entire Agreement, Admissibility, and Severability

These Terms of Use and any policies or operating rules posted on this site, and any Product Agreement to which you and Danvita are a party, constitute the entire agreement and understanding between Danvita and you with respect to the subject matter thereof and supersede all prior or contemporaneous oral or written communications or proposals between Danvita and you with respect to such subject matter; provided that any written contractual agreement with Danvita in connection with provision of any products or services supersedes any contrary information in this site. You agree and acknowledge that your use of this site does not make Danvita your agent for any purpose, and that no agency, partnership, joint venture, or similar relationship exists, or is intended to exist between you and us by virtue of your use of this site or the content thereof. There shall be no third-party beneficiaries to these Terms of Use. A printed version of these Terms of Use shall be admissible in any judicial or administrative proceeding based on or relating to this site or its use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If any provision of these Terms of Use is determined by a competent court with jurisdiction in the matter to be invalid, unenforceable, or void pursuant to applicable law, that determination shall not invalidate or void the remainder of these Terms of Use, and the parties agree and intend that these Terms of Use shall be amended by changing the offending provision only as far as is necessary to make it valid, legal, and enforceable while preserving its intention or, if such modification is not possible, the parties will substitute another provision that is valid, legal, and enforceable to achieve, as far as possible, the same results between the parties.

Contact Us

If you have any questions or comments about these Terms of Use or this site, you may contact us using any of the following methods:

Email: sales@danvita.com

Last updated: March, 2021