Any Deep Indian Kitchen Group Company, at its sole discretion, may delete, remove, discard, block, take down, eliminate, or otherwise prohibit the use, access, publication, display or performance of any content which it determines, in its sole discretion, to be such Inappropriate Content. The Deep Indian Kitchen Group, and any Deep Indian Kitchen Group Company, have the sole discretion to determine whether content is Inappropriate Content, and any content submitted to any Deep Indian Kitchen Websites may be subject to inspection prior to posting or publication for being Inappropriate Content. The Deep Indian Kitchen Group are not obligated to review any or all content submitted or transmitted to it. The Deep Indian Kitchen Group may, at their sole discretion, delete, remove, edit materials or content for any reason, at any time, without notice. By viewing a Deep Indian Kitchen Website you may be exposed to material or content that you consider to be offensive or inappropriate. You take sole responsibility for such exposure.
This notice is provided in accordance with the Digital Millennium Copyright Act. If you believe your copyright has been infringed in connection with Deep Indian Kitchen Websites or the services provided on or through any Deep Indian Kitchen Websites, then provide Deep Indian Kitchen Group with the following information in a written notice:
Claims of copyright infringement by any Deep Indian Kitchen Group Company should be addressed to:
Deep Foods Inc.
1090 Springfield Road
Union, NJ 07083
Attn: General Counsel
Or e-mail claims of infringement to: firstname.lastname@example.org.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, DEEP INDIAN KITCHEN GROUP AND EACH DEEP INDIAN KITCHEN GROUP COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DEEP INDIAN KITCHEN GROUP AND EACH DEEP INDIAN KITCHEN GROUP COMPANY MAKES NO WARRANTY THAT DEEP INDIAN KITCHEN WEBSITES, OR SOCIAL MEDIA OR SOCIAL MEDIA ACCOUNTS OWNED OR OPERATED BY DEEP INDIAN KITCHEN GROUP OR ANY DEEP INDIAN KITCHEN GROUP COMPANY, OR THE PRODUCTS OR SERVICES PROVIDED THROUGH DEEP INDIAN KITCHEN WEBSITES OR BY ANY DEEP INDIAN KITCHEN GROUP COMPANY, INCLUDING WITHOUT LIMITATION, ANY CONTENT, ANY DOWNLOADED OR UPLOADED CONTENT, SOFTWARE OR INFORMATION, (I) WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (II) WILL BE FREE OF VIRUSES WORMS, OR TROJAN HORSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) CONTAIN ACCURATE INFORMATION. DEEP INDIAN KITCHEN GROUP AND EACH DEEP INDIAN KITCHEN GROUP COMPANY MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, PRODUCTS OR SERVICES THAT ARE PURCHASED, ACCESSED, OR OBTAINED THROUGH ANY DEEP INDIAN KITCHEN WEBSITES, SOCIAL MEDIA OR SOCIAL MEDIA ACCOUNTS OR THAT ARE ADVERTISED ON ANY DEEP INDIAN KITCHEN WEBSITES, SOCIAL MEDIA OR SOCIAL MEDIA ACCOUNTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED FROM ANY DEEP INDIAN KITCHEN GROUP COMPANY BY OR THROUGH THE USE OF DEEP INDIAN KITCHEN WEBSITES, SOCIAL MEDIA OR SOCIAL MEDIA ACCOUNTS OWNED OR OPERATED BY ANY DEEP INDIAN KITCHEN GROUP COMPANY, OR RELATED PRODUCTS OR SERVICES IS AT YOUR OWN DISCRETION AND RISK. 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. DEEP INDIAN KITCHEN WEBSITES, THE SOCIAL MEDIA AND SOCIAL MEDIA ACCOUNTS OWNED OR OPERATED BY ANY DEEP INDIAN KITCHEN GROUP COMPANY, THE PRODUCTS AND THE SERVICES PROVIDED BY OR THROUGH ANY DEEP INDIAN KITCHEN WEBSITES, SOCIAL MEDIA OR SOCIAL MEDIA ACCOUNTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”.
TO THE TO THE FULLEST EXTENT PERMITTED UNDER LAW, DEEP INDIAN KITCHEN GROUP AND EACH DEEP INDIAN KITCHEN GROUP COMPANY’S RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS (COLLECTIVELY “DEEP INDIAN KITCHEN GROUP AGENTS”) SHALL HAVE NO OBLIGATION OR LIABILITY, WHETHER ARISING IN CONTRACT OR TORT, FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LIABILITIES, LOSS OF GOOD WILL OR BUSINESS PROFITS, WORK STOPPAGE, DATA LOSS, COMPUTER FAILURE OR MALFUNCTION, ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSS, OR EXEMPLARY DAMAGES OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO YOUR USE OF DEEP INDIAN KITCHEN WEBSITES, SERVICES OR PRODUCTS, EVEN IF DEEP INDIAN KITCHEN GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR OF ANY LIMITED REMEDY. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE DEEP INDIAN KITCHEN WEBSITES, SERVICES OR PRODUCTS, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE DEEP INDIAN KITCHEN WEBSITES, PRODUCTS OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITIES OR EXCLUSION OF DAMAGES, SO ALL OR PART OF THE ABOVE-LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT EACH AND EVERY PROVISION OF THIS AGREEMENT WHICH PROVIDES FOR DISCLAIMER OF WARRANTIES OR LIMITATION OF LIABILITIES OR EXCLUSION OF DAMAGES IS INTENDED BY THE PARTIES TO BE SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISION AND TO BE ENFORCED AS SUCH, TO THE FULLEST EXTENT PERMITTED BY LAW.
b. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Deep Indian Kitchen Group or any Deep Indian Kitchen Group Company should be sent to: 1090 Springfield Road, Union, New Jersey 07083, Attn: General Counsel. After the Notice is received, you and Deep Indian Kitchen Group may attempt to resolve the claim or dispute informally. If you and Deep Indian Kitchen Group do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
d. Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
e. Time Limits. If you or a Deep Indian Kitchen Group Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
g. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and a Deep Indian Kitchen Group Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND EACH DEEP INDIAN KITCHEN GROUP COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
h. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
i. Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
j. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
k. Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or effect any other portion of this Arbitration Agreement.
l. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with the Deep Indian Kitchen Group.
m. Small Claims Court. Notwithstanding the foregoing, either you or any Deep Indian Kitchen Group Company may bring an individual action in small claims court.
n. Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
o. Claims Not Subject To Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this Arbitration Agreement.
1090 Springfield Road, Union, NJ 07083
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