Disclaimer of Warranties and Limitation of Liability

AUGUST IMAGE DOES NOT REPRESENT OR WARRANT THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY, OR AVAILABILITY OF ANY INFORMATION, MATERIALS OR CONTENT DISPLAYED, DOWNLOADED, OR OTHERWISE RECEIVED FROM THE  SITE OR ANY AUGUST IMAGE EVENT. THE  SITE AND AUGUST IMAGE MATERIALS and CONTENT ARE PROVIDED “AS IS,” WITH NO WARRANTY, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. AUGUST IMAGE DISCLAIMS ANY IMPLIED, EXPRESS, OR STATUTORY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, or any MATERIALS or CONTENT RECEIVED from August Image, INCLUDING INFORMATION OR ADVICE OBTAINED THROUGH THE SITE or AUGUST IMAGE courses. AUGUST IMAGE DOES NOT WARRANT THAT THE SITE OR any MATERIALS or CONTENT WILL BE ERROR-FREE OR THAT THE SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS and CONTENT THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIALS or CONTENT. IF YOUR USE OF THE SITE, MATERIALS, or CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, AUGUST IMAGE, ITS AFFILIATES AND LICENSORS ARE NOT RESPONSIBLE FOR THOSE COSTS.

Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and from jurisdiction to jurisdiction.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, IN NO EVENT SHALL AUGUST IMAGE BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, MULTIPLE OR OTHER DIRECT OR INDIRECT DAMAGES OR FOR LOST PROFITS OR LOSS OF USE DAMAGES ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE SITE or MATERIALS and CONTENT AVAILABLE ON THE SITE OR otherwise. ALL CLAIMS FOR SUCH DAMAGES ARE HEREBY SPECIFICALLY WAIVED, EVEN IF AUGUST IMAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.

Force Majeure

Under no circumstances shall August Image, its affiliates, subsidiaries, or licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, loss of data, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air-conditioning.

Indemnity

You agree to defend, indemnify, and hold harmless August Image and its affiliates and their officers, directors, employees, consultants, agents and suppliers from and against any and all claims, liabilities, damages, and/or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to your use of the Site, purchase and/or use of any of the Products or Services, or violation of these Terms of Use or applicable law.

Release

Because August Image does not control all aspects of any event, group outing, course, or other activity or gathering (“Activity”); is not involved in any way with physical transportation to or from any Activity; and does not control the actions of any individual at any Activity, you agree that you bear all risk and to release August Image (and its officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Site, your third-party transactions, or your transportation to or from, attendance at, or the actions of you or other persons at any Activity. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver to the full extent that you may lawfully waive all such rights and benefits.

Governing Law

The Terms of Use shall be governed and construed in accordance with the laws of Mumbai, India. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Mumbai, India and the courts, which have jurisdiction to hear appeals from them.

If for any reason, a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of these Terms of Use will continue in full force and effect.

Entire Agreement and Assignment

These Terms of Use constitute the entire agreement between you and August Image with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. You may not assign or delegate any rights or obligations hereunder. August Image may assign and/or delegate all of its rights and/or duties at its sole discretion to any third party.

In case you have any questions or queries, you can reach out to me directly on my email id: [email protected]