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TERMS AND CONDITIONS
Please
read the Terms and Conditions governing the
OpportunitiesToday.com ('OT') site and service set forth
below. Your use of this site constitutes your agreement to
be bound by the Terms and Conditions.
Please note
that these Terms and Conditions contain waivers by you of
certain rights you may have against OT and its affiliates
and an express agreement that arbitration shall be the
exclusive remedy for the resolution of all disputes.
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ACCEPTING
THESE TERMS AND CONDITIONS: The provisions in this
section are referred to as the "Terms and
Conditions" and constitute an agreement between you
and OT. BY SUBMITTING THE ENTER BUTTON AT THE
BOTTOM OF THE PAGE. YOU ACKNOWLEDGE AND AGREE THAT YOU
HAVE READ THE TERMS AND CONDITIONS CAREFULLY, UNDERSTAND
EACH OF THEM AND AGREE TO BE BOUND BY ALL OF THEM. By
accepting these Terms and Conditions once, you
acknowledge and agree that you will be bound by them
each and every time you use the OT site or otherwise
interact with OT online or offline. If you do not
agree to the Terms and Conditions, you may not access or
otherwise use OT and should EXIT the OT site.
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CHANGES TO TERMS AND CONDITIONS: OT
reserves the right, at its sole discretion, to change,
modify, add or remove any portion of the Terms and
Conditions in whole or in part, at any time.
Notification of changes in the Terms and Conditions
will be posted on the OT site. Your continued use of
OT after such changes are posted will constitute your
agreement to such changed Terms and Conditions.
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CHANGES TO SERVICE: OT may change,
suspend or discontinue any aspect of its site or
service at any time. OT may also impose limits or
restrictions on certain services, features or content
or restrict your access to parts or all of OT without
notice or liability.
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FOR REGISTERED USERS ONLY:
Participation in OT is open to registered individuals,
corporations, partnerships and trusts who are not
otherwise restricted by local laws to subscribe to
this service. Those who access this site do so on
their own initiative, and are responsible for
compliance with applicable local laws or regulations.
OT makes no representation that any materials
contained on the OT site or services or features
provided on or through the site or otherwise by OT are
appropriate or permitted in all locations, or for use
by all subscribers.
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ACCESS TO PRIVATE AREAS OF THIS
SITE: Any eligible registered subscriber may use the
public areas of this site. However only paid
subscribers who have been granted memberships by OT
will have access to the private areas of this site.
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FINANCIAL INTERMEDIATION: OT is an
Information service offering of Opal Consultants Pvt.
Ltd. Nothing on the OT site or provided by OT should
be construed as an offer to sell securities nor a
solicitation of an offer to buy securities to
residents in any state. OT is not a registered broker
or a securities dealer anywhere in the world.
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FEES: By subscribing to OT, each
subscriber agrees to pay OT all subscription service
and use fees, if any, that OT may charge All fees must
be paid in U.S. dollars unless otherwise specified as
acceptable by OT in it's subscription agreement. OT
reserves the right to modify at its discretion the
fees, the currency of payment and the mode of payment
.You also agree to pay all federal, state and local
taxes applicable to your use of OT. You may pay the
appropriate fees by credit card, wire transfer,
electronic transfer or crossed account-payee cheques
or demand drafts drawn on any first class bank. If you
elect to pay by means of a credit card, and we do not
receive payment from the card issuer or its agents,
you hereby agree to pay all amounts due upon demand by
OT. PAYMENTS IN CASH WILL NOT BE ACCEPTED AT ANY OF
THE OFFICES OF OT. NONE OF THE FRANCHISEES OR
AUTHORISED AGENTS ARE PERMITTED TO ACCEPT CASH TOWARDS
SUBSCRIPTION, ADVERTISEMENT OR ANY OTHER SERVICE
PROVIDED BY OT. ONLY RECOGNISED BANKS WHERE OT HAS
SUBSCRIPTION COLLECTION FACILITY ARE PERMITTED TO
ACCEPT CURRENCY FROM SUBSCRIBERS.
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LIMITATIONS REGARDING INFORMATION
ON SITE: All business, financial, career and education
related information and other material, otherwise
provided by OT with respect to any opportunity is preliminary
in nature and presented in summary form. This
information is not intended to be complete and is not
intended to represent all the information with respect
to such opportunity that each party should have
disclosed or is required under statute to disclose to
the other. Each User is urged and expected to conduct
his own due diligence with respect to any Opportunity
and to independently verify the information included
on the OT site and obtain such other information as
the User may deem appropriate. Each User is advised to
consult his own legal, financial and accounting
advisors as may be appropriate.
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INFORMATION PROVIDED BY ADVERTISERS
AND THIRD PARTY SERVICE PROVIDERS NOT VERIFIED BY US:
All information with respect to the various modules
has been provided by advertisers, businessmen,
consultants, entrepreneurs, investors and third party
service providers and not by OT. OT does not review,
check or verify the bonafides and is not responsible
for, errors, mistakes or misrepresentations such
information posted by such parties to the OT site may
contain. However, OT reserves the right at all times
to take appropriate remedial action if it is made
aware by Users or regulatory authorities regarding the
mistake, error or misrepresentation. OT MAKES NO
REPRESENTATION, WARRANTY OR ENDORSEMENT (EXPRESS OR
IMPLIED) AS TO THE ADEQUACY, ACCURACY, RELIABILITY OR
COMPLETENESS OF ANY STATEMENT, OPINION OR OTHER
DOCUMENT OR INFORMATION POSTED ON OT BY ANY
ADVERTISER, USER OR THIRD PARTY SERVICE PROVIDER.
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DUTY TO PROVIDE TRUE, ACCURATE AND
COMPLETE INFORMATION: You represent and warrant to us
that any information you provide to OT for posting on
the OT site or otherwise is true, complete and
accurate. You agree to notify OT immediately in
writing at any time the information provided by you
ceases to be true, complete or accurate and to correct
or update information posted on OT. You may change or
update information provided to us at any time. You
understand that transmissions to and from OT via the
internet or e-mail are not confidential and your
communications may be read or intercepted by others.
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APPROPRIATE USE: You represent,
warrant and covenant that: (a) you are at least 18
years of age and (b) you shall not upload, post or
transmit to or distribute or otherwise publish through
OT, any material which: (i) restricts or inhibits any
other user from using or enjoying OT, (ii) is
unlawful, threatening, abusive, libelous, defamatory,
obscene, vulgar, offensive, pornographic, profane,
sexually explicit or indecent, (iii) constitutes or
encourages conduct that would constitute a criminal
offense, give rise to civil liability or otherwise
violate law, (iv) violates, plagiarizes or infringes
the rights of third parties including, without
limitation, copyright, trademark, patent, rights of
privacy or publicity or any other proprietary right,
(v) constitutes defamatory or libelous statements,
(vi) contains a computer virus or other harmful
component, (vii) constitutes or contains false or
misleading indications of origin or statements of fact
or (viii) is inappropriate for the purpose of this
site. OT shall have the right to review any material
submitted for posting on this site and shall have the
sole and absolute right to determine whether that
material complies with these Terms and Conditions. You
shall notify OT immediately of any known or suspected
unauthorized use of Users' accounts or any known or
suspected breach of security.
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CONSENT TO ELECTRONIC
COMMUNICATIONS: You agree to receive all documentation
and information provided by OT, its subsidiaries
and/or affiliates, through this site and through
e-mail provided to you via the Internet. This
electronic provision and delivery will be regarded by
you as appropriate delivery pursuant to any delivery
requirements under the various statutes and rules..
You agree to notify OT in the event that you no longer
desire to receive information through this delivery
procedure. You will allow a reasonable amount of time
to make appropriate changes to ensure proper delivery
to you through other means. Unless you indicate by
notifying OT that you do not want to receive such
Information, OT reserves the right to disclose certain
limited User information for the purpose of providing
User with Information about products and services.
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NO RELIANCE ON INFORMATION PROVIDED
ON SITE OR OTHERWISE BY OT FOR INVESTMENT DECISIONS:
You agree that any agreement to which you are a party
shall contain an explicit clause providing that such
agreement (and any others entered into by the parties
in connection therewith) will constitute the entire
agreement between the parties thereto with respect to
such transactions You also agree that each party shall
represent to the other and for the benefit of OT that
in entering into an arrangement, they are relying solely
on the representations and warranties made by each
of them to the other , and not on any information
posted on the OT site or otherwise provided by OT.
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POTENTIAL CONFLICTS OF INTEREST FOR
OT: OT and its affiliates may have conflicts of
interests arising from transactions or advertisements
or offerings posted on or through OT's website. One or
more directors, officers or employees of OT or its
affiliates may also be associated with organizations
participating on the web site. In addition, OT or its
affiliates may provide services (including management
consulting and investment banking services) to, or
have other relationships with advertisers, users,
investors or third party service providers. In the
event such services relate directly to investment
opportunities posted on the OT site we will disclose
the nature of these services to you on the site. You
understand that only the party to whom we provide such
services may rely on them and our provisions of such
services to one party gives us no liability or
responsibility to any other party for those services.
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NO CONFIDENTIAL, FIDUCIARY OR
CONTRACTUALLY IMPLIED RELATIONSHIP EXISTS WITH OT: You
acknowledge that by registering with OT, submitting
information to us for posting or any other purposes or
using the OT site and services, no confidential,
fiduciary, contractually implied or other relationship
is created between you and OT other than the express
contractual relationship provided in the Terms and
Conditions and any other written agreement you may
enter into with OT.
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WAIVER AND RELEASE: You release,
discharge and hold harmless OT and its affiliates and
their respective directors, officers, employees and
agents from any and all liability, claims or causes of
action (known or unknown) arising out of our or their
negligence. This waiver and release of liability
includes, without limitation, liabilities arising out
of information posted on the OT site or otherwise
provided by OT personnel and liability arising out of
services we provide. You acknowledge that you have
carefully read this waiver and release paragraph and
fully understand that it is a release of liability.
You are waiving any right that you may have to bring a
legal action to assert a claim against us or the other
parties set out above for our or their negligence.
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TERMINATION OF MEMBERSHIP: OT
reserves the right to terminate your membership and
access to OT or any portion of the site and remove any
materials, information and data that you have posted
on the site, in its sole discretion, without notice,
at any time and for any reason, including, without
limitation, a breach of these Terms and Conditions.
Upon such termination, OT may as laid out in the
subscription agreement provide for pro-rata refund of
the subscription amount paid.
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DISCLOSURE AND USE BY US OF
INFORMATION ABOUT ADVERTISERS, USERS AND OTHER
PARTICIPANTS You agree that information provided to OT
for posting on the OT site may be posted and disclosed
to Registered users and and other third parties in
accordance with the procedures outlined on the OT
site. Information about seekers and offerors posted on
OT is solely for the use of OT's members and it may
not be received or distributed by others under any
circumstances. You understand and agree that any
information provided to OT for posting or otherwise
may be used by us to make subjective and objective
evaluations, ratings and assessments of the providers
and their business plan or investment opportunity.
These evaluations, ratings and assessments, may be
publicly disclosed by OT on the site or elsewhere. OT
will have no liability to any information provider or
third party affected by such evaluations, ratings or
assessments it may make.
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LICENSE TO OT TO USE INFORMATION:
OT does not claim ownership of the materials you may
provide to OT (including feedback and suggestions), or
post, upload, input or submit to the OT site. However,
by posting messages, uploading files, inputting
information or otherwise communicating on, to or
through OT, you hereby grant to us a perpetual,
worldwide, irrevocable, unrestricted, non-exclusive,
royalty free license to use, copy, license,
sublicense, adapt, distribute, display, publicly
perform, reproduce, transmit, modify, edit and
otherwise exploit such communications, in all media
now known or hereafter developed, in each case in
accordance with the procedures outlined on the OT site
(including our Privacy
Policy). You hereby waive all rights to any claim
against OT for any alleged or actual infringements of
any proprietary rights, rights of privacy and
publicity, moral rights, and rights of attribution in
connection with such communications.
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LINKS TO AND FROM OTHER SITES: OT
may contain links and pointers to other Internet
sites, resources, and sponsors of OT. Links to and
from OT and other third party sites do not constitute
an endorsement by OT or any of its subsidiaries or
affiliates of any third party resources or their
contents. OT takes no responsibility for the accuracy,
content or any other aspect of these websites and
disclaims any liability to you in connection with such
websites. You may not include any links or pointers in
materials posted by you on the OT site.
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REFERRALS TO THIRD PARTIES DO NOT
CONSTITUTE ENDORSEMENT: OT assumes no liability for
referrals to or services provided by third party
providers listed on OT. Such referrals are provided
for informational purposes only and do not constitute
an endorsement or recommendation by OT of such
providers. The costs of services offered or performed
by third party providers are not included in any fees
paid to OT.
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PASSWORDS: Certain areas of the
website cannot be viewed without a password. All such
passwords, user identification numbers and other
access codes or security items issued to you by OT or
selected by you are referred to herein as
"passwords." You are solely responsible for
the use and proper protection of the passwords. You
agree to take all reasonable precautions to protect
the security and integrity of the passwords, and to
prevent their unauthorized use. You agree to be
responsible for all actions taken that use your
passwords. If you become aware of any unauthorized
access or use of the service with your passwords, or
if your password is lost, you will immediately notify
OT.
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NO GUARANTEE OF MATCH OR SUCCESS :
OT does not guarantee that any Opportunity Sought will
be matched with corresponding Offers. In certain
situations OT may not grant access to certain
Opportunities which are posted on OT until thirty days
after the user has been approved as a member. OT
assumes no responsibility (express or implied) for the
success or failure of actions taken by Users as a
result of matches found through OT.
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DUTY TO UPDATE : Advertisers, Users
and Other service providers agree to provide OT with
timely updates If you fail to provide timely updates,
we may terminate your membership and access to OT or
any portion of the site and remove any materials,
information and data that you have posted on the site
without notice.
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USERS DUTY TO COMPLY WITH
APPLICABLE LAWS: It is the duty of all Users,
Advertisers ,Service providers and Participants to
ensure that all offers posted on the OT site are made
in compliance with applicable federal, state and other
local regulations and reporting requirements. It is
made explicit that OT takes no responsibility for such
compliances.
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NO REGULATORY ENDORSEMENTS: The
offers posted on the OT website are not endorsed by
any regulatory authority. The fact that any of these
may have been registered with any Federal, State or
Local regulatory agency and/or does not constitute an
endorsement of the merits of such an offering by any
regulatory body. Any representation to the contrary is
a criminal offense.
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NO INVITATION OR SOLICITATION TO
BUY OR SELL ANY SECURITY: None of the information
posted on OT constitutes an invitation or solicitation
to buy or sell any security. Any such invitation or
solicitation will be made only by a communication
directly between the issuer or its authorized agents
and the Investor and will not involve OT in any way.
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COPYRIGHT: OT is protected by
copyright as a collective work and/or compilation,
pursuant to international copyright laws and
conventions. All materials contained on OT are
protected by copyright, and are either owned,
controlled or licensed by OT. You will abide by this
and any and all additional copyright notices,
information or restrictions contained in any of these
materials. You may print the materials without the
express written consent of OT, provided that you
maintain all copyright and other notices contained in
such materials. You may not otherwise download the
materials.
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TRADEMARKS: OT,
OpportunitiesToday.com and other OT graphics, logos
and service marks are trademarks of Opal Consultants
Pvt. Ltd.
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INDEMNIFICATION: Registered Users
and other Participants hereby jointly and severally
agree to indemnify, defend and hold OT and its
affiliates, and any of their officers, directors,
owners, agents, employees, information providers,
licensors and licensees (collectively, the
"Indemnified Parties") harmless from and
against any and all liability and costs, including,
without limitation, attorneys' fees and costs incurred
by the Indemnified Parties in connection with any
claim arising out of their use of OT or any breach by
them of the Terms and Conditions, including any
liabilities associated with a violation of federal or
state securities laws. If the indemnity provided in
this paragraph is not available or is insufficient to
hold harmless the Indemnified Parties for any reason,
Registered Users and Participants agree to contribute
to the aggregate losses, claims and liabilities to
which OT and its affiliates may be subject in such
proportion as appropriate to reflect the relative
fault by them and us with respect to the activity
giving rise to the indemnity claim. All participants
shall cooperate as fully as reasonably required in the
defense of any claim. OT reserves the right, at its
own expense, to assume the exclusive defense and
control of any matter otherwise subject to
indemnification by investors and entrepreneurs and
investors and entrepreneurs shall not in any event
settle any such matter without the written consent of
OT.
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DISCLAIMER OF WARRANTY: OT,
including all content, software and functions made
available on or accessed through OT, is provided
"as is." To the fullest extent permissible
by law, OT and its subsidiaries and affiliates make no
representations or warranties of any kind as to the
content, software or functions accessed through OT,
for any products or services or links to third parties
or for any breach of security associated with the
transmission of sensitive information through OT or
any linked site. OT AND ITS SUBSIDIARIES AND
AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES,
INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
OT DOES NOT WARRANT THAT ANY CONTENT, SOFTWARE OR THE
FUNCTIONS ACCESSED THROUGH OT WILL BE UNINTERRUPTED OR
ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OT
OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. OT AND ITS
SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR
DIRECT, INDIRECT, PUNITIVE OR SPECIAL DAMAGES RELATED
TO YOUR USE OF OT.
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GOVERNING LAW: These Terms and
Conditions shall be governed by and construed in
accordance with the substantive laws of India, without
regard to conflicts of laws provisions.
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ARBITRATION AS EXCLUSIVE REMEDY:
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING IN
ANY WAY TO THESE TERMS AND CONDITIONS, OR THE
INTERPRETATION, VALIDITY, ENFORCEMENT, BREACH OR
TERMINATION THEREOF, SHALL BE RESOLVED BY ARBITRATION
(THE "ARBITRATION") IN MUMBAI.
Notwithstanding any provision of law to the contrary,
it is expressly agreed that the arbitrator shall have
no power to award treble, punitive, consequential or
any other damages in excess of compensatory damages
and each party hereby irrevocably waives any right to
assert or to recover any such damages. The
arbitrator's award shall be final and binding between
the parties, their successors and assigns and,
notwithstanding any other choice of law provision in
these Terms and Conditions, all issues regarding the
arbitration process, specifically including the
enforceability of the arbitrator's award, shall be
governed by the Indian Arbitration Act. Judgment upon
the award rendered by the arbitrator may be entered
solely in the state and federal courts located within
India and the parties hereby irrevocably consent to
the jurisdiction of these courts for that purpose.
ACCEPTANCE OF THESE TERMS AND CONDITIONS CONSTITUTES
SPECIFIC ACCEPTANCE IN WRITING OF ARBITRATION AS SET
FORTH IN THIS PARAGRAPH AS THE EXCLUSIVE REMEDY FOR
RESOLUTION OF DISPUTES IN ACCORDANCE WITH THE
PROVISIONS OF THIS PARAGRAPH. Any cause of action you
may assert with respect to your use of OT or otherwise
against OT or its affiliates must be commenced within
one (1) year after the first claim or cause of action
arises.
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ENTIRE AGREEMENT: The Terms and
Conditions constitute the entire agreement between OT
and you with respect to your use of OT. If for any
reason an arbitrator finds any provision of the Terms
and Conditions, or portion thereof, to be
unenforceable, that provision shall be enforced to the
maximum extent permissible so as to effect the intent
of the Terms and Conditions, and the remainder of the
Terms and Conditions shall continue in full force and
effect. ACCEPTANCE You may accept the Terms and
Conditions by clicking on the " ACCEPT"
button below. Your action in clicking on that button
signifies that you agree to be bound by these Terms
and Conditions. Such acceptance and agreement shall be
deemed to be as effective as if execution of the Terms
and Conditions were by a written signature performed
manually by you, and these Terms and Conditions shall
be deemed to satisfy any writing requirements of any
applicable law. An electronic or other properly stored
copy of these Terms and Conditions shall be deemed to
be the true, complete, valid, authentic and
enforceable copy of these Terms and Conditions and you
agree not to contest the admissibility or
enforceability of these Terms and Conditions in a
court for any proceedings arising out of these Terms
and Conditions.
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