This is a legal agreement ("Agreement") between you and Bochasanwasi Shri Akshar Purushottam Swaminarayan Sanstha, Inc., a Delaware exempt corporation ("BAPS") which may be contacted at 81 Suttons Lane, Piscataway, New Jersey 08854-5723, USA. By accessing the FERA Services website, currently located at 81 Suttons Lane, Piscataway, New Jersey 08854-5723 (the "Site"), and using any of the Services (as defined below) accessible through the Site, you become a user and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site or Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services.
The FERA services consist of the following, without limitation: a service for single people seeking partners for marriage purposes ("FERA Services"). BAPS may offer additional services or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or revised Services. BAPS also reserves the right to cease offering any of the FERA Services.
This Agreement is subject to change by BAPS in its sole discretion at any time, with or without notice. Your continued use of this Site or the FERA Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.
2. Use of Site and FERA Service.
3. Proprietary Rights.
4. User Information.
5. Disclaimer of Warranty.
6. Limitation of Liability.
9. Communication and Privacy.
10. Term and Termination.
12. General Provisions.
13. Revision Date.
- Minimum Age.Males must be at least 24 years old and females must be at least 22 years old to use the Site and register for the FERA Services. By using the FERA Services, you represent and warrant that you meet the minimum age requirements.
- Marital Status.By requesting to use, registering to use, or using the FERA Services, you represent and warrant that you are not married. If you are separated, but not yet legally divorced, you may not request to use, register to use, or use the FERA Services.
- Criminal History.By requesting to use, registering to use, and/or using the FERA Services, you represent and warrant that you have never been convicted of a felony and/or are not required to register as a sex offender with any government entity. BAPS DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, BAPS reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this subsection.
- Meeting Matching System Criteria.The FERA Services requires your completion of the Registration Questionnaire, along with BAPS's ability to find good matches for you. Occasionally, the FERA Services matching system cannot identify high quality compatible matches for a given individual, in which case the FERA Services cannot be provided.
- This service is for members of the BAPS denomination of the Hindu faith as determined by BAPS in its sole discretion. We reserve the right to refuse FERA Services to any individual for any reason.
2. Use of Site and Service
As a user of the Site or a user registered to use any of the FERA Services (a "Registered User"), you agree to the following:
- a. Exclusive Use. Your account is for your personal and exclusive use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You may not reproduce or distribute any information of any type, including information about other individuals who are registered users of this Site, gained from this Site without the express authorization of both 1) FERA and 2) the relevant users whose information you wish to reproduce or distribute. IT IS UNDERSTOOD BY YOU THAT ANY VIOLATION OF THIS PARAGRAPH WILL RESULT IN A PERMANENT BAN FROM THE USE OF THIS SITE AND ALL FERA SERVICES.
- Third-Party Access. You acknowledge that BAPS is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords.
- Geographic Limitations. The Site and FERA Services are intended for use in North America. You will only use the FERA Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a "Specially Designated National", or (iii) placed on the Commerce Department's Table of Deny Orders. Registration for, and use of, the FERA Services are void where prohibited. To the extent that the FERA Services are not legal in your jurisdiction, you may not use the FERA Services. The FERA Services may not be used where prohibited by law.
- Information Submitted. You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the FERA Services; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter "post") through the FERA Services; and (iii) your interactions with other Registered Users through the FERA Services. You are responsible for updating your information at all times. If it becomes known by FERA or its associates that information is not accurately depicted on your profile, FERA may request you to update your profile accordingly. If you fail to adhere to such request, FERA reserves the right to suspend or terminate your ability to use FERA Services for an indefinite period of time.
- Risk Assumption and Precautions. You assume all risk when using the FERA Services, including but not limited to all of the risks associated with any online or offline interactions with others, including dating. You agree to take all necessary precautions when meeting individuals through the FERA Services. Nonetheless, if you are requested to no longer contact any individual you have met through FERA and you choose not to respect that request, FERA reserves the right to suspend or terminate your ability to use FERA Services for an indefinite period of time.
- No Guarantees. BAPS may not be able to provide matches for everyone seeking to use its services. Further, BAPS makes no guarantees as to the number or frequency of matches through the Service, or to such matches' ability, desire or criteria to communicate with any user. You understand that BAPS makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the FERA Service or as to the conduct of such individuals.
- Reporting of Violations. You will promptly report to BAPS any violation of the Agreement by others, including but not limited to, Registered Users.
- Content Removal. BAPS reserves the right, but has no obligation, to monitor the information or material you submit to the FERA Services or post in the public areas of the Services. BAPS will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the request of any third party.
- Posting and Communication Restrictions. In addition to the terms of this Agreement, you will not post on the FERA Services, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on the Site or through the FERA Services, that:
- promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- is intended to or tends to harass, annoy, threaten or intimidate any other users of the Site or FERA Services;
- is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene or otherwise objectionable;
- contains others' copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first;
- contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
- promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone's privacy, harm or harass another person, obtain others' identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
- intended to defraud, swindle or deceive other users of the FERA Services;
- vcontains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
- promotes or solicits involvement in or support of a political platform, cult, or sect;
- disseminates another person's personal information without his or her permission, or collects or solicits another person's personal information for commercial or unlawful purposes;
- is off-topic, meaningless, or otherwise intended to annoy or interfere with others' enjoyment of the Site;
- impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
- solicits gambling or engages in any gambling or similar activity;
- uses scripts, bots or other automated technology to access the Site or Services;
- uses the Site or Services for chain letter, junk mail or spam e-mails;
- collects or solicits personal information about anyone under 18; or
- is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.
- No False Information. You will not provide inaccurate, misleading or false information to BAPS or to any other user. If information provided to BAPS or another user subsequently becomes inaccurate, misleading or false, you will promptly notify BAPS of such change.
- No Advertising or Commercial Solicitation. You will not advertise or solicit any user to buy or sell any products or services through the Site or FERA Services. You may not transmit any chain letters, junk or spam e-mail to other users. Further, you will not use any information obtained from the FERA Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent.
- Unique and Bona Fide Profile. As a Registered User of the FERA Services, you will create only one unique profile. In addition, your use of the FERA Services must be for bona fide relationship-seeking purposes in order to maintain the integrity of the FERA Services (for example, you may not become a Registered User solely to compile a report of compatible singles in your area, or to write a school research paper). Not all registered users are available for matching. From time to time, BAPS may create test profiles in order to monitor the operation of the FERA Services.
- No Harassment of BAPS Volunteers, Employees or Agents. You will not harass, annoy, intimidate or threaten any BAPS volunteers, employees or agents engaged in providing any portion of the FERA Services to you.
3. Proprietary Rights
- Ownership of Proprietary Information. You hereby acknowledge and agree that BAPS is the owner of highly valuable proprietary information, including without limitation, compatibility profiles, and relationship questionnaires (collectively, "Confidential Information"). BAPS owns and hereby retains all proprietary rights in the FERA Services and the Site, including but not limited to, all Confidential Information.
- No Use of Confidential Information.You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the FERA Services, without first obtaining the prior written consent of the owner of such proprietary rights.
4. User Information
- Privacy Statement. For information about the collection and possible use of information and material provided by you, please click on BAPS' Privacy Statement located on the Site. By using the Site or the FERA Services, you are consenting to the terms of BAPS's Privacy Statement.
- Disclosure By Law. You acknowledge and agree that BAPS may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend BAPS's, or a third party's, rights or property; or (3) protect someone's health or safety, such as when harm or violence against any person (including the user) is threatened.
- Disclosure to Protect Abuse Victims. Notwithstanding any other provision of this Agreement or the Privacy Statement, BAPS reserves the right, but has no obligation, to disclose any information that you submit to the FERA Services, if in its sole opinion, BAPS suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that BAPS, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that BAPS is permitted to make such disclosure.
- Use of Anonymous Information for Research. By using the BAPS Services, you agree to allow BAPS to anonymously use the information from you and your experiences through the FERA Services to continue BAPS' research into successful relationships and to improve the FERA Services.
5. Disclaimer of Warranty
NO WARRANTIES. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. BAPS PROVIDES THE FERA SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE FERA SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. BAPS DOES NOT WARRANT THAT YOUR USE OF THE FERA SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE FERA SERVICES WILL BE CORRECTED. BAPS DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE FERA SERVICES.
6. Limitation of Liability
- Incidental Damages and Aggregate Liability. IN NO EVENT WILL BAPS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE FERA SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF BAPS KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL BAPS' AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE FERA SERVICES OR THE SITE, EXCEED THE AMOUNT OF US $10.00 OR ITS EQUIVALENT.
- No Liability for non-BAPS Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BAPS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE FERA SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE FERA SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
- Information Verification. BAPS may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that BAPS will have no liability to you arising from any incorrectly verified information.
You agree to indemnify, defend and hold harmless BAPS, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of (a) your use of or inability to use the Site or FERA Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. BAPS reserves the right, at 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 BAPS in asserting any available defenses.
To resolve a complaint regarding the FERA Services, you should e-mail us by clicking here.
9. Communication and Privacy
We may use your email address to send you messages notifying you of important changes to the FERA Services. Further, we may contact you by telephone in order to communicate with you regarding the FERA Services. Privacy
10. Term and Termination
This Agreement will become effective upon your acceptance of the Agreement by your use of the Site or the FERA Services and will remain in effect in perpetuity unless terminated hereunder. Either you or BAPS may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. BAPS reserves the right to immediately suspend or terminate your access to any of the FERA Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our FERA Services and any other records at any time at our sole discretion. You may terminate your account by following the steps in the applicable section under "Cancellations" below, or by sending a notice of cancellation to: BAPS, FERA Services, 81 Suttons Lane, Piscataway, New Jersey 08854-5723, USA. Following any termination of any Registered User's use of the FERA Services, BAPS reserves the right to send a notice thereof to other Registered Users which whom you have corresponded.
Cancellation At Any Time. Except as otherwise stated in this section, you may cancel your registration or subscription to the FERA Services at any time during the term of such registration or subscription or any renewal period by accessing the "Account Settings" page under the "My Settings" option on your membership home page, clicking on "Cancel My Subscription" or "Close Account" link, and providing the information requested.
12. General Provisions
- Controlling Law and Jurisdiction. You agree that New Jersey law (without giving effect to its conflicts of law principles) will govern this Agreement, the Site and the Services and that any dispute arising out of or relating to this Agreement, the Site or the Services will be subject to the exclusive jurisdiction and venue of the federal and state courts in the County of Middlesex and the State of New Jersey. You acknowledge and agree that any violation of this Agreement may cause BAPS irreparable harm, and therefore agree that BAPS will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that BAPS may have for a breach of this Agreement.
- Miscellaneous. This Agreement, which you accept upon registration for the FERA Services, the Privacy Statement located on the Site, comprise the entire agreement between you and BAPS regarding the use of this FERA Service, superseding any prior agreements between you and BAPS related to your use of this Site or FERA Services (including, but not limited to, any prior versions of this Agreement). Unless otherwise explicitly stated, the Agreement will survive termination of your registration to the FERA Service. The failure of BAPS to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
- Waiver and Severability of Terms. BAPS' failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. In such case, the other provisions of this Agreement shall remain in full force and effect.
13. Revision Date
This Agreement was last revised on November 18, 2011.
For any questions, please send an email to firstname.lastname@example.org