Terms and Conditions
Agreement between User and www.sreeshti.org
Welcome to www.sreeshti.org. The www.sreeshti.org website (the “Sreeshti website”) is comprised of various web pages operated by Sreeshti (“Sreeshti”). The Sreeshti website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Sreeshti website constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
www.sreeshti.org is a Non-Profit website.
Our mission is to promote South Asian cultural activities to our next generations and raise funds for charities through various sports and cultural events.
Visiting the Sreeshti website or sending emails to Sreeshti constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Sreeshti website, satisfy any legal requirement that such communication be in writing.
Children Under Thirteen
Sreeshti does not knowingly collect, either online or offline, personal information from users under the age of thirteen. If you are under 18, you may use the Sreeshti website only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
The Sreeshti website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Sreeshti and Sreeshti is not responsible for the contents of any Linked Sites, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Sreeshti is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Sreeshti or any association with its operators.
Certain services made available via the Sreeshti website are delivered by the third-party sites and organizations. By using any product, service or functionality originating from the Sreeshti website domain, you hereby acknowledge and consent that Sreeshti may share such information and data with any third party with whom Sreeshti has a contractual relationship to provide the requested product, service or functionality on behalf of the Sreeshti website users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Sreeshti website, is the property of Sreeshti or its suppliers and protected by copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Sreeshti website. Sreeshti content is not for resale. Your use of the Sreeshti website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected solely for your personal use and will make no other use of the content without the express written permission of Sreeshti and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to intellectual property of Sreeshti or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by Sreeshti from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Sreeshti Content accessed through the Sreeshti website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Sreeshti, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use Sreeshti website or services, any user postings made by you, your violation of any applicable laws, rules or regulations. Sreeshti reserves the right, as its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Sreeshti in asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis, class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Sreeshti agree otherwise, the arbitrator nay not consolidate more than one person’s claims, and may not otherwise preside over any form of a presentative or class proceeding.
THE INFORMATION, SOFTWARE PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SREESHTI WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SREESHTI AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SREESHTI WEBSITE AT ANY TIME.
SREESHTI AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SREESHTI WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SREESHTI AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARDS TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SREESHTI AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SREESHTI WEBSITE, WITH THE DELAY OR INABILITY TO USE THE SREESHTI WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE THE SREESHTI WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SREESHTI WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SREESHTI OR ANY SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SREESHTI WEBSITE, OR WITH ANY OF THESE TERMS IF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SREESHTI WEBSITE.
Sreeshti reserves the right, in its sole discretion, to terminate your access to the Sreeshti website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Jersey and you hereby consent to the exclusive jurisdiction and venue of courts in New Jersey in all disputed arising out of or relating to the use of the Sreeshti website. Use of the Sreeshti website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sreeshti as a result of this agreement or use of the Sreeshti website. Sreeshti’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Sreeshti’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sreeshti website or information provided to or gathered by Sreeshti with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matched the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Sreeshti with respect to the Sreeshti website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Sreeshti with respect to the Sreeshti website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Sreeshti reserves the right, in its sole discretion, to change the Terms under which the Sreeshti website is offered. The most current version of the Terms will supersede all previous versions. Sreeshti encourages you to periodically review the Terms to stay informed of our updates.
Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be extremely contagious. The state of medical knowledge is evolving, but the virus is believed to spread from person-to-person contact and/or by contact with contaminated surfaces and objects, and even possibly in the air. People reportedly can be infected and show no symptoms and therefore spread the disease. The exact methods of spread and contraction are unknown, and there is no known treatment, cure, or vaccine for COVID-19. Evidence has shown that COVID-19 can cause serious and potentially life threatening illness and even death. Sreeshti cannot prevent you [or your child(ren)] from becoming exposed to, contracting, or spreading COVID-19 while utilizing Sreeshti’s services or premises. It is not possible to prevent against the presence of the disease. Therefore, if you choose to utilize Sreeshti’s services and/or enter onto Sreeshti’s premises you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19. ASSUMPTION OF RISK: I have read and understood the above warning concerning COVID-19. I hereby choose to accept the risk of contracting COVID-19 for myself and/or my children in order to utilize Sreeshti’s services and enter Sreeshti’s premises. These services are of such value to me [and/or to my children,] that I accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to utilize Sreeshti’s services and premises in person [if applicable: “rather than arranging for an alternative method of enjoying the same services virtually (e.g. videoconference)]. WAIVER OF LAWSUIT/LIABILITY: I hereby forever release and waive my right to bring suit against Sreeshti and its owners, officers, directors, managers, officials, trustees, agents, employees, or other representatives in connection with exposure, infection, and/or spread of COVID-19 related to utilizing Sreeshti’s services and premises. I understand that this waiver means I give up my right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence and give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen.
Sreeshti welcomes your questions or comments regarding the Terms:
11 Riverside Ln,
Holmdel, New Jersey 07733
Phone: 7049620662 (President)
Effective as of October 27, 2007