Updated April 15, 2022
Pariwaar Delights, LLC. ("Pariwaar Delights") Term of Use ("Terms") govern, among other things, your use of our Site, any mobile application offered by us, and any other site on which these Terms appear, and any related features or services. By accessing or otherwise using this Web site ("Site"), or otherwise agreeing to thse Terms, you agree to be bound by them. Pariwaar Delights may revise the Terms, information, services and the resources contained in this Site from time to time, and we reserve the right to make changes without obligation to notify past, current or prospective visitors. Your continued access or use of this Site after changes have been made, amond other things, constitutes your acceptance of any new or amended Terms. Throughout the Site and these Terms, the terms "we" and "our" refer to Pariwaar Delights and "us" refers to you and Pariwaar Delights. Pariwaar Delights offers this Site, including all information, tools and services available from this Site, to you, the user, conditioned upon your acceptance of these Terms.
In no event shall Pariwaar Delights be liable for any indirect, special, incidental or consequential damages arising out of any use of the information contained herein.
THESE TERMS CONTAIN MUTUAL DISPUTE RESOLUTION PROVISIONS THAT INCLUDE AN AGREEMENT TO MANDATORY INDIVIDUAL ARBITRATION AND A CLASS ACTION AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. THE CLASS ACTION WAIVER MEANS YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF ANY CLASS, COLLECTIVE, AND/OR REPRESENTATIVE ACTION. YOU AGREE TO BE BOUND BY THESE MUTUAL DISPUTE RESOLUTION PROVISIONS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
NO WARRANTY / LIMITATION ON LIABILITY
Pariwaar Delights strives to ensure that the information contained in this Site is accurate and reliable. However, Pariwaar Delights and the World Wide Web (or Web Site Host) are not infallible, and errors may sometimes occur. Therefore, to the fullest extent permissible pursuant to applicable law, Pariwaar Delights makes no representations about the reliability of the features of this Site, the Pariwaar Delights Content (defined below), Submitted Content (defined below) or any other Site feature. You acknowledge that any reliance on such material and/or systems will be at your own risk. Pariwaar Delights is not responsible for the information, data, text or other materials that may appear in Submitted Content or may otherwise be submitted by users. Opinions expressed in Submitted Content do not necessarily reflect the opinions of Pariwaar Delights, and Pariwaar Delights does not endorse and has no control over Submitted Content. Submitted Content is not necessarily reviewed by Pariwaar Delights prior to posting and Pariwaar Delights makes no warranties, express or implied, as to the Submitted Content or to the accuracy and reliability of the Submitted Content. Pariwaar Delights makes no representations regarding the amount of time that any Pariwaar Delights Content or Submitted Content will be preserved.
Pariwaar Delights disclaims any warranty of any kind, whether express or implied, as to any matter whatsoever relating to this Site, including without limitation the merchantability or fitness for any particular purpose. Pariwaar Delights is not liable or responsible for any damages or injuries caused by use of this Site (such as viruses, omissions or misstatements). THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Pariwaar Delights BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL Pariwaar Delights BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND Pariwaar Delights'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS OR SERVICES. In no event shall Pariwaar Delights's total liability for all damages, losses and causes of action exceed five dollars (U.S. $5.00). Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; as a result, the above limitation or exclusion may not apply to you.
COMMUNICATING WITH Pariwaar Delights
These areas are designed to give our users the ability to contact us with questions or concerns. They are not intended for, and should not be used to, submit unsolicited ideas. It is company policy not to accept such unsolicited ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts or similar materials from outside parties. By entering the Site you acknowledge and agree that any materials, ideas or other communications you transmit to us in any manner and for any reason will not be treated as confidential or proprietary. It is Pariwaar Delights's policy not to accept, and to return, any unsolicited ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts or other similar materials. Nevertheless, should you submit such materials, you understand that you have no ownership rights in any ideas you may submit, and you expressly disclaim any rights or causes of action you may have with respect to any materials you may submit.
Pariwaar Delights PROPERTY
This Site contains many valuable trademarks owned and used by Pariwaar Delights, LLC, and its subsidiaries and affiliates throughout the world. These trademarks are used to distinguish Pariwaar Delights's quality products and services. "Pariwaar Delights Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations Pariwaar Delights uses in connection with its products and services. You may not remove or alter any Pariwaar Delights Trademarks, or co-brand your own products or material with Pariwaar Delights Trademarks without Pariwaar Delights's prior written consent. You acknowledge Pariwaar Delights's rights in Pariwaar Delights Trademarks and agree that any use of Pariwaar Delights Trademarks by you shall inure to Pariwaar Delights's sole benefit. You agree not to incorporate any Pariwaar Delights Trademarks into your marks, company names, internet addresses, domain names, or any other similar designations. The text, graphics and html code contained in this Site are the exclusive property of Pariwaar Delights ("Pariwaar Delights Content"). Pariwaar Delights Content is protected from reproduction and simulation under national and international laws and except where otherwise noted, is not to be copied, distributed, displayed, reproduced or transmitted in any form, by any means, without the prior express written permission of Pariwaar Delights.
Third-party content, such as user-posted content, including graphics, video clips, images, trademarks, trade names, characters, and trademarks and copyrights, is the property of the third parties that market or license that content, and is used by Pariwaar Delights subject to license, or subject to the fair use provisions of U.S. copyright or trademark law or made permissible under other applicable law.
If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please go to our Copyright Complaint Process page and follow the instructions.
On certain areas of our Site you may be able to submit texts, files, images, photos, videos, sounds, musical works, works of authorship, text postings, and other materials and content ("Submitted Content"). You have no ownership rights in your account or other access to the Site or features therein, and Pariwaar Delights may delete all Submitted Content at any time, with or without notice, if Pariwaar Delights deems that you have violated these Terms, the law, or for any other reason. Pariwaar Delights assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account.
By posting, displaying, publishing or otherwise submitting Submitted Content on or through this Site, you understand and acknowledge that any materials or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any concepts, techniques, procedures, methods, systems, video, scripts, music, photographs, designs, plans, charts or other materials you transmit to Pariwaar Delights may be used by Pariwaar Delights anywhere, anytime and for any reason whatsoever subject to the following terms:
You hereby grant to Pariwaar Delights a limited, nonexclusive, sublicensable, worldwide, fully paid, royalty-free license to use, modify, publicly perform, publicly display, reproduce and distribute Submitted Content. This license includes the right to host, index, cache, distribute and tag any Submitted Content, as well as the right to sublicense Submitted Content to third parties, including other users, for use on other platforms, such as for use on mobile phones, in video or music software computer programs.
You represent and warrant that you own the Submitted Content displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of your Submitted Content, and our use thereof, does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity. You agree to pay for all royalties, fees and any other monies owing any person by reason of any Submitted Content displayed, published or posted by you to the Site.
Your Posting Of Submitted Content Is Further Subject To The Following Posting Rules:
Pariwaar Delights does not necessarily monitor any materials posted, transmitted or communicated to or within the Site. If you believe that something on the Site violates these Terms, please click here to send us a message through our "Contact Us" page. The above terms do not apply to any ideas or other nonprotectable information you may submit to Pariwaar Delights, which ideas will be governed by the "Communicating with Pariwaar Delights" section above.
WEB SITE ACCESS
In order to access some features of the Site, you will have to create an account. If you choose to create an account, any purchases made through the Site using information provided for that account may (in Pariwaar Delights’s sole discretion) be used to credit your account with Rewards points whether or not you are logged in to the account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Pariwaar Delights immediately of any unauthorized use of your account. Although Pariwaar Delights will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Pariwaar Delights or others due to such unauthorized use.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Site in a manner that sends more request messages to the Pariwaar Delights servers in a given period of time than a human can reasonably produce in the same period by using a conventional online Web browser. Notwithstanding the foregoing, Pariwaar Delights grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Pariwaar Delights reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use such information without permission.
You agree to indemnify, defend, and hold Pariwaar Delights, its parents, subsidiaries, officers, employees and Site contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees, related to your violation of these Terms, or any violations thereof by your dependents or which arises from the use of Submitted Content.
This Pariwaar Delights Site may link to sites not maintained by or related to Pariwaar Delights. Hypertext links are provided as a service to users and are not sponsored by or affiliated with this Site or Pariwaar Delights. Pariwaar Delights has not reviewed the sites hyperlinked to or from this Site and is not responsible for the content of any other site. These links are to be accessed at the user's own risk. Pariwaar Delights makes no representations or warranties about the content, completeness or accuracy of these links or the sites hyperlinked to or from this Site. Furthermore, Pariwaar Delights does not implicitly endorse third-party sites hyperlinked to or from this Site.
TEXT MESSAGING NOTICE
If you choose to participate in any Pariwaar Delights promotion or service that may involve the use of text messaging (either sending or receiving), Pariwaar Delights will not charge you for the text messaging; however, standard text messaging rates will apply to each text message sent or received as provided in your wireless rate plan (contact your carrier for pricing plans and details).
COMMUNICATIONS VIA CALLS, SMS, AND MMS MESSAGES
This section, SMS Terms and Conditions, describes our mobile program and available codes.
Pariwaar Delights Deals
Reply STOP to cancel. HELP for help. Msg&Data Rates May Apply.
ext STOP to 31524 to stop receiving SMS messages from Pariwaar Delights Deals.
For more info, Text HELP to 31524 for Help.
Your voluntary provision of your cell phone number to Pariwaar Delights constitutes your consent that we, or someone acting on our behalf, may contact you by phone or text message at that phone number, and your consent to receive such communications for transactional, operational, or informational purposes. When you provide your phone number to us, you warrant that you are the current subscriber or authorized user of that phone number. You understand and agree that calls and/or messages may be sent using automated technology, including but not limited to an automatic telephone dialing system or artificial or prerecorded voice. You understand and agree that you may not revoke your consent to be contacted in this manner. You agree to immediately contact us if any number you have provided to Pariwaar Delights is no longer associated with you. Your failure to provide and update your accurate information is a breach of these Terms. You agree that we and our agents may monitor and record any telephone calls or other communications between us and/or our agents and you and/or your agents.
DISPUTE RESOLUTION/ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
It is Pariwaar Delights’s goal that we meet your expectations. However, there may be instances when you have a problem or dispute that needs special attention. In those instances, Pariwaar Delights is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute (“Dispute” as further defined below) that you may have with Pariwaar Delights, you acknowledge and agree that you will first give Pariwaar Delights an opportunity to informally resolve your Dispute as set forth below.Mandatory Informal Dispute Resolution Process
If either party has a Dispute with the other party, they shall first provide the other party with written notice (“Notice”). If you have a Dispute with Pariwaar Delights, you agree to provide Pariwaar Delights with the Notice by using the following email address: [email protected] or by filling out a form on our “Contact Us” page. A Notice must include all of the following: (1) a detailed description of the Dispute; (2) the nature and basis of the claim(s); (3) the nature and basis of the specific relief sought and a detailed calculation for that relief; and (4) information sufficient for Pariwaar Delights or you to identify any relevant transactions. Any Notice you submit must be signed by you. During this informal process, should we request an individualized telephonic conference to facilitate potential resolution of the Dispute, you agree to personally participate (along with your counsel if you are represented). You and we agree to negotiate in good faith in an effort to resolve any Dispute. This should lead to resolution, but if for some reason the Dispute is not resolved satisfactorily within sixty (60) days after receipt of a compliant Notice and any requested telephonic conference, you and we agree to the further dispute resolution provisions below. Both you and we agree that this informal dispute resolution process is mandatory and a condition precedent that must be satisfied before initiating any formal dispute resolution proceeding. Any applicable statute of limitations will be tolled for sixty (60) days from the time a fully compliant Notice is served on the other party unless the parties mutually agree to extend that period. A court shall have the power to enforce this section of these Terms, including the power to enjoin the filing or prosecution of arbitrations without first providing a fully complete Notice and participating in the informal dispute resolution process. If the sufficiency of a Notice or compliance with this informal dispute resolution process is at issue and a party elects to have that issue decided by a court, then any formal dispute resolution proceeding shall be automatically stayed pending resolution of that issue.Binding Individual Arbitration
You and we agree that the sole and exclusive forum and remedy for any and all disputes, actions, claims, or other controversies between you and Pariwaar Delights, whether in contract, tort, statute, fraud, misrepresentation, or under any other legal or equitable theory that cannot be resolved informally and that relate in any way to or arise out of the Site, any aspect of your relationship with Pariwaar Delights, your participation in any Pariwaar Delights program, or these Terms (“Dispute”) shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate Pariwaar Delights’s or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by Pariwaar Delights and/or the applicable third party(ies). Dispute also includes all such matters that arose before these or any prior Terms and that may arise after termination of these Terms. Dispute shall have the broadest possible meaning permitted by law. Notwithstanding the foregoing, either party retains the right to have a Dispute heard in small claims court provided the Dispute falls within the jurisdictional limits of that court and otherwise qualifies for that court, seeks individualized relief, and so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction; if these limitations on a small claims court proceeding are deemed unenforceable for any reason, the parties shall not be permitted to proceed in small claims court and must proceed in individual arbitration.
You and we acknowledge that these Terms affect interstate commerce and that the Federal Arbitration Act (“FAA”) and federal arbitration law apply to arbitrations under these Terms (despite any other choice of law provision).
Arbitration under these Terms shall be administered by the American Arbitration Association (the “AAA”). The applicable AAA Consumer Rules shall apply, as modified by these Terms. The AAA rules are available at www.adr.org. If Pariwaar Delights commences an arbitration, we shall pay all AAA filing, administrative, case management, and arbitration fees. If you initiate arbitration, the applicable AAA rules will govern the payment of these fees unless applicable law requires a different allocation of fees in order for this arbitration provision to be enforceable. If you are unable to pay your share of the AAA fees, we will consider a request to pay them on your behalf so long as you have fully complied with the informal dispute resolution process as set forth above.
The arbitration will be conducted before a sole neutral arbitrator who shall be located at or near the location where the arbitration will take place. The arbitration will be conducted at a location that is reasonably convenient for you.
The arbitrator may not award relief to anyone who is not a party to the proceeding. The award of the arbitrator may require payment of the costs, fees, and/or expenses incurred by the prevailing party consistent with applicable law and the applicable AAA rules. The provisions of Fed. R. Civ. P. 68 may be applied by the arbitrator. The arbitrator shall be bound by these Terms as a court would and shall issue a reasoned, detailed decision explaining the essential findings and conclusions on which the award is based. The arbitration award shall be binding only as to the parties and shall have no preclusive effect in any other arbitration or proceeding involving a different party provided that the arbitrator may consider rulings in other arbitrations involving different parties.
INDIVIDUAL RELIEF AND CLASS ACTION WAIVER: The parties agree that the arbitrator may award the same relief available in court provided that such relief (including declaratory or injunctive relief) shall only be in favor of the individual party seeking relief and only to the extent necessary to provide the relief warranted by that party’s individual claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. FURTHER, UNLESS YOU OR WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE ANY PERSON’S OR ENTITY’S CLAIMS WITH THOSE OF ANOTHER PERSON OR ENTITY AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. IF AFTER EXHAUSTION OF ALL APPEALS ANY OF THESE PROHIBITIONS ON NON-INDIVIDUALIZED RELIEF; CLASS, REPRESENTATIVE, COLLECTIVE, AND PRIVATE ATTORNEY GENERAL CLAIMS; AND CONSOLIDATION IS FOUND TO BE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR WITH RESPECT TO A PARTICULAR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR INJUNCTIVE RELIEF), THEN THE PARTIES AGREE THAT SUCH A CLAIM OR REQUEST FOR RELIEF SHALL BE DECIDED BY A COURT AFTER ALL OTHER CLAIMS AND REQUESTS FOR RELIEF ARE ARBITRATED.
Additional Procedures for Mass Arbitration Filings: If twenty-five (25) or more claimants submit Notices or attempt to file demands for arbitration raising similar claims and are represented by the same or coordinated counsel, all of the cases must be resolved in arbitration in stages using staged bellwether proceedings if they are not resolved prior to arbitration as set forth above. The parties agree that the individual resolution of claims in arbitration might be delayed if they elect to pursue claims in connection with twenty-five (25) or more similar claims. In the first stage, the parties shall each select up to fifteen (15) cases per side (thirty (30) cases total) to be filed in arbitration and resolved individually in accordance with this arbitration provision, with each case assigned to a separate arbitrator unless the parties mutually agree otherwise. During this time, no other cases may be filed in arbitration, and AAA shall not accept or administer arbitrations commenced in violation of this provision. If the parties are unable to resolve the remaining cases after the conclusion of the first stage of bellwether proceedings, each side may then select up to another fifteen (15) cases per side (thirty (30) cases total) to be filed in arbitration and addressed individually in accordance with this arbitration provision. During this second stage, no other cases may be filed in arbitration or accepted or administered by the AAA. This process of staged bellwether proceedings (thirty (30) cases total in each set of bellwether proceedings as outlined above) shall continue until the parties are able to resolve all of the claims, either through arbitration or settlement. If these mass filing procedures apply, any statute of limitations applicable to the claims set forth will be tolled from the time the first cases are selected for bellwether proceedings until a given claim is selected for a bellwether proceeding, withdrawn, or otherwise resolved. A court shall have the authority to enforce this provision and, if necessary, to enjoin the filing or prosecution of arbitrations.
IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY Pariwaar Delights IN WRITING WITHIN THIRTY (30) DAYS OF THE DATE THAT YOU FIRST HAD NOTICE OF THESE TERMS CONTAINING AN ARBITRATION PROVISION. THIS IS NOT A NEW OPT OUT RIGHT IF YOU WERE PREVIOUSLY BOUND BY AN ARBITRATION PROVISION. YOUR WRITTEN NOTIFICATION TO Pariwaar Delights MUST BE SENT VIA MAIL TO Pariwaar Delights, LLC LEGAL DEPARTMENT, 7100 CORPORATE DRIVE, PLANO, TEXAS 75024. IT MUST INCLUDE YOUR NAME AND ADDRESS AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH Pariwaar Delights THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH Pariwaar Delights. IF YOU HAVE PREVIOUSLY NOTIFIED Pariwaar Delights OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN. ANY OPT OUT RECEIVED AFTER THE THIRTY (30) DAY TIME PERIOD WILL NOT BE VALID.
Notwithstanding any provision in these Terms to the contrary, the parties agree that if we make future changes to this arbitration provision, except for changes to the Notice address, you may reject such changes by sending us written notice within thirty (30) days of the change to Pariwaar Delights, LLC Legal Department, 7100 Corporate Drive, Plano, Texas 75024. This is not an opt-out of arbitration altogether. By rejecting any future changes you are agreeing that you will arbitrate any Dispute in accordance with the language of this provision.
WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND Pariwaar Delights BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US TO THE FULLEST EXTENT PERMITTED BY LAW.
In no event shall any claim, action or proceeding by you related in any way to the Site or these Terms be instituted more than one (1) year after the cause of action arose to the fullest extent permitted by law.MISCELLANEOUS
These Terms constitute the entire agreement between you and Pariwaar Delights and govern your use of the Pariwaar Delights Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Pariwaar Delights with respect to the Pariwaar Delights Site and services. Both you and Pariwaar Delights acknowledge and agree that no partnership is formed, and neither you nor Pariwaar Delights have the power or the authority to obligate or bind the other.
The failure of Pariwaar Delights to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms are found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' original intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect except as otherwise provided herein.
Software that may be available in connection with this Site is subject to United States export controls. No software may be downloaded from this Site or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the software is at your sole risk.
The failure of Pariwaar Delights to comply with these Terms because of an act of God, war, fire, riot, terrorism, pandemic or epidemic, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Pariwaar Delights, shall not be deemed a breach of these Terms. If Pariwaar Delights fails to act with respect to your breach or anyone else's breach on any occasion, Pariwaar Delights is not waiving its right to act with respect to future or similar breaches.
Except to the extent the FAA applies, the validity, interpretation and performance of these Terms shall be controlled and construed under the laws of the State of Texas. The parties agree that any claim or Dispute one party has against the other party arising under or relating to these Terms (including claims in contract, tort, strict liability, statutory liability, or other claims) that is not resolved under the Dispute Resolution / Arbitration section of these Terms must be resolved exclusively by the state courts located in Dallas County, Texas, or the federal district courts located in the Northern District of Texas. Each party agrees to submit to the personal jurisdiction of such courts and to accept service of process from them. Some jurisdictions do not allow some of the provisions contained in these Terms, in which case one or more of such provisions may not apply to you.
The headings in these Terms are for your convenience and reference. These headings do not limit or affect these Terms.
The No Warranty / Limitation on Liability, Indemnification, Dispute Resolution/Arbitration Agreement and Class Action Waiver, and any other provisions that survive by their express terms, or would naturally be expected to do so based on their subject matter, shall survive termination of these Terms.
These Terms constitutes a binding agreement between you and Pariwaar Delights, and is accepted by you upon your use of the Site.
These Terms constitute the entire agreement between you and Pariwaar Delights regarding the use of the Site and the features therein.