Terms and Conditions of Use Agreement
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
We maintain this web site as a service to our customers, and by using our site you are agreeing to comply with and be bound by the following terms of use. Please review the following terms and conditions carefully, and check them periodically for changes. If you do not agree to the terms and conditions, you should not review information or obtain goods, services or products from this site.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms and Conditions
of use Agreement ("Agreement") with respect to our site (the "Site").
This Agreement constitutes the entire and only agreement between us and you,
and supersedes all prior or contemporaneous agreements, representations, warranties
and understandings with respect to the Site, the content, products or services
provided by or through the Site, and the subject matter of this Agreement. This
Agreement may be amended by us at any time and from time to time without specific
notice to you. The latest Agreement will be posted on the Site, and you should
review this Agreement prior to using the Site.
2. Copyright.
The content, organization, graphics, design, compilation, magnetic translation,
digital conversion and other matters related to the Site are protected under
applicable copyrights, trademarks, registered trademarks and other proprietary
(including but not limited to intellectual property) rights. The copying, redistribution,
use or publication by you of any such matters or any part of the Site, except
as allowed by Section 4, is strictly prohibited. You do not acquire ownership
rights to any content, document or other materials viewed through the Site.
The posting of information or materials on the Site does not constitute a waiver
of any right in such information and materials.
3. Fraud:
By becoming a member, you confirm that the information provided in this form
is true and that you agree to abide by the Terms and Conditions of use of this
site. Please note that your membership can be cancelled without notice if it
is determined that false or misleading information has been provided, the Terms
and Conditions of use have been violated, or other abuses have occurred as determined
by Kopan Monastery in its sole discretion. If membership has been revoked, Kopan
Monastery reserves the right to refuse application or readmission to the membership
program.
4. Limited Right to Use.
The viewing, printing or downloading of any content, graphic, form or document
from the Site grants you only a limited, nonexclusive license for use solely
by you for your own personal use and not for republication, distribution, assignment,
sublicense, sale, preparation of derivative works or other use. No part of any
content, form or document may be reproduced in any form or incorporated into
any information retrieval system, electronic or mechanical, other than for your
personal use (but not for resale or redistribution).
5. Editing, Deleting and Modification.
We reserve the right in our sole discretion to edit or delete any documents,
information or other content appearing on the Site, including this Agreement,
without further notice to users of the Site.
6. Indemnification.
You agree to indemnify, defend and hold us and our partners, attorneys, staff
and affiliates (collectively, "Affiliated Parties") harmless from
any liability, loss, claim and expense, including reasonable attorney's fees,
related to your violation of this Agreement or use of the Site.
7. Nontransferable.
Your right to use the Site is not transferable. Any password or right given
to you to obtain information or documents is not transferable and may only be
used by you.
8. Disclaimer.
The information from or through the site are provided "as-is," "as
available," and all warranties, express or implied, are disclaimed (including
but not limited to the disclaimer of any implied warranties of merchantability
and fitness for a particular purpose). The information and services may contain
bugs, errors, problems or other limitations. We and our affiliated parties have
no liability whatsoever for your use of any information or service. In particular,
but not as a limitation, we and our affiliated parties are not liable for any
indirect, special, incidental or consequential damages (including damages for
loss of business, loss of profits, litigation, or the like), whether based on
breach of contract, breach of warranty, tort (including negligence), product
liability or otherwise, even if advised of the possibility of such damages.
The negation of damages set forth above are fundamental elements of the basis
of the bargain between us. This site and the information would not be provided
without such limitations. No advice or information, whether oral or written,
obtained by you from us through the site shall create any warranty, representation
or guarantee not expressly stated in this agreement.
9. Limits.
All responsibility or liability for any damages caused by viruses contained
within the electronic file containing the form or document is disclaimed. We
will not be liable to you for any incidental, special or consequential damages
of any kind that may result from use of or inability to use our site. Our maximum
liability to you under all circumstances will be equal to the purchase price
you pay for any goods, services or information.
10. Use of Information.
We reserve the right, and you authorize us, to the use and assignment of all
information regarding Site uses by you and all information provided by you in
any manner consistent with our Privacy Policy.
11. Third-Party Services.
We allow access to or advertise third-party merchant sites ("Merchants")
from which you may purchase or otherwise obtain certain goods or services. You
understand that we do not operate or control the products or services offered
by Merchants. Merchants are responsible for all aspects of order processing,
fulfillment, billing and customer service. We are not a party to the transactions
entered into between you and Merchants.
You agree that use of such merchants is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise including warranties of title, fitness for purpose, merchantability or non-infringement under no circumstances are we liable for any damages arising from the transactions between you and merchants or for any information appearing on merchant sites or any other site linked to our site.
12. Third-Party Merchant Policies.
All rules, policies (including privacy
policies) and operating procedures of Merchants will apply to you while
on such sites. We are not responsible for information provided by you to Merchants.
We and the Merchants are independent contractors and neither party has authority
to make any representations or commitments on behalf of the other.
13. Privacy Policy.
Our Privacy Policy is a part of this
Agreement.
14. Payments.
You represent and warrant that if you are purchasing something from us or from
our Merchants that (i) any credit card information you supply is true, correct
and complete, (i) charges incurred by you will be honored by your credit card
company, and (iii) you will pay the charges incurred by you at the posted prices,
including any shipping fees and applicable taxes.
15. Securities Laws.
This Site may include statements concerning our operations, prospects, strategies,
financial condition, future economic performance and demand for our products
or services, as well as our intentions, plans and objectives, that are forward-looking
statements. These statements are based upon a number of assumptions and estimates
which are subject to significant uncertainties, many of which are beyond our
control. When used on our Site, words like "anticipates," "expects,"
"believes," "estimates," "seeks," "plans,"
"intends" and similar expressions are intended to identify forward-looking
statements designed to fall within securities law safe harbors for forward-looking
statements. The Site and the information contained herein does not constitute
an offer or a solicitation of an offer for sale of any securities. None of the
information contained herein is intended to be, and shall not be deemed to be,
incorporated into any of our securities-related filings or documents.
16. Links to Other Web Sites.
The Site contains links to other Web sites. We are not responsible for the content,
accuracy or opinions express in such Web sites, and such Web sites are not investigated,
monitored or checked for accuracy or completeness by us. Inclusion of any linked
Web site on our Site does not imply approval or endorsement of the linked Web
site by us. If you decide to leave our Site and access these third-party sites,
you do so at your own risk.
17. Submissions.
All suggestions, ideas, notes, concepts and other information you may from time
to time send to us (collectively, "Submissions") shall be deemed and
shall remain our sole property and shall not be subject to any obligation of
confidence on our part. Without limiting the foregoing, we shall be deemed to
own all known and hereafter existing rights of every kind and nature regarding
the Submissions and shall be entitled to unrestricted use of the Submissions
for any purpose, without compensation to the provider of the Submissions.
18. Return Policy.
Due to the nature of our online site, and the products listed, Kopan Monastery
will consider return or exchange of items on an individual basis. Please contact
us to discuss a return.
19. Venue; Applicable Law.
You agree that all actions or proceedings arising directly or indirectly out
of this agreement, or your use of the site or any samples or products obtained
by you through such use, shall be litigated in the courts of Nepal. You are
expressly submitting and consenting in advance to such jurisdiction in any action
or proceeding in any of such courts, and are waiving any claim that Nepal is
an inconvenient forum or an improper forum based on lack of venue. This site
is created and controlled by Kopan Monastery in Nepal. As such, the laws of
Nepal will govern the terms and conditions contained in this agreement and elsewhere
throughout the site, without giving effect to any principles of conflicts of
laws.
20. Verify Members' Address:
Kopan Monastery reserves the right to contact a Member via email to verify the
accuracy of account information (including the Member's correct name and address)
that is needed to provide the Member with the information he or she requested
from Kopan Monastery.
