Terms & Conditions
SPM International, LLC is a limited liability company organized under the laws of the State of New Jersey. SPM International LLC is the owner of the website www.shwetambari.com. These Terms and Conditions apply to our Site and are provided to you for your use of our Site (“Terms and Conditions”).
BY USING OUR SITE, YOU REPRESENT THAT YOU ARE AT LEAST THE AGE OF MAJORITY IN YOUR STATE OR PROVINCE OF RESIDENCE. This website is not intended for anyone under the age of 13. You must be 18 years old or the age of majority in your jurisdiction of residence to make a purchase on our Site.
These Terms and Conditions apply to your use of the Site and any purchase you make from our Site.
SPM Products on the Site
Certain products may be available exclusively online through our Site and/or may be one-of-a-kind products. These products may have limited quantities and are sold “as is.” We have made every effort to display as accurately as possible the colors and images of our products on our Site.
We cannot, however, guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis in our sole discretion. We reserve the right to limit the quantities of any products that we offer or sell through our Site. Prices for our products are subject to change in our sole discretion without notice and without liability to you or to any third party. All descriptions of products or product pricing are subject to change at any time by us without notice, in our sole absolute discretion. We reserve the right to discontinue any product at any time. Any offer for any product made on our Site is void where prohibited. We do not warrant that the quality of any products or other material purchased or obtained by you will meet your expectations, or that any errors or omissions in the products will be corrected.
We reserve the right to refuse to exchange products or refund the purchase price if any products returned to us by you do not meet our return policy requirements as set forth in our Terms of Sale available at the above link.
Our Site’s Content
Our Site and all of the content and other materials, including but not limited to, our trademarks and logos, and all designs, text, graphics, pictures, selection, coordination, “look and feel”, information, data, software, other files and the selection and arrangement thereof (collectively, the “Site Content”) are owned by SPM, are SPM’s proprietary property or, as applicable, SPM’s licensors or service providers and are protected by copyright, trademark, trade dress, unfair competition, and/or patent laws in the United States and other jurisdictions either by way of formal application or at common law.
Trademarks on SPM’s Site
The name “SPM” and any of its accompanying logos or stylized versions, and any other product or service name or slogan shown on our Site, whether registered or not, are our trademarks or our licensors’, service providers’, or suppliers’ trademarks, and may not be used, copied, or imitated, in whole or in part, without our express prior written permission or from the applicable trademark owner(s). You may not use any metatags or any other “hidden text” utilizing our name or trademarks or any other name, trademark or product or service name of ours without our express the prior written permission of SPM. All other trademarks and/or service marks, whether registered or not, or product names and logos shown on our Site, are the property of their respective owners.
Your Use of the Site
You are granted a personal, non-exclusive, limited, non-sublicensable, non-transferable license to access and use the SPM Site solely for purposes for which the Site is intended, and electronically copy and print to hard copy, limited portions of our Site Content only for your informational, non-commercial and personal use. The foregoing limited license is subject to these Terms and Conditions and does not include: (1) any resale or commercial use of our Site or our Site Content; (2) the distribution public performance or public display of any Site Content; (3) modifying or otherwise making any derivative works or uses of our Site or Site Content, or any portion thereof; (4) the collection and use of any product listings, pictures or descriptions for commercial purposes; (5) use of any automated means to access, monitor or interact with any portion of our Site, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods; (6) downloading, except for caching, any portion of our Site, the Site Content or any information contained therein, except as expressly permitted on our Site; (7) any right to make appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or frames or inhibits the full display of our Site; (8) the use of our Site in any way which interferes with the normal operation of the Site; or (9) any use of our Site or the Site Content other than for their intended purposes.
Any use of the SPM Site or the Site Content other than as specifically authorized by these Terms and Conditions, without our express prior written permission, or that is unlawful or that may result in any harm or injury to someone is strictly prohibited and will result in immediate termination of the limited license granted to you under these Terms and Conditions. Any unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated in these Terms and Conditions, nothing in these Terms and Conditions shall be construed as granting any license to you to any intellectual property rights owned by us or third parties, whether by estoppel, implication, or otherwise.
The foregoing limited license is revocable by SPM at any time and in SPM’s sole discretion.
Accuracy of SPM Billing and Account Information
You agree to provide current, complete and accurate purchase and account information for all purchases made through the SPM Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that SPM can complete your transactions and contact you as needed.
We reserve the right to refuse any order you place with SPM. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that SPM makes a change to or cancel an order, SPM may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. SPM reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Third Party Links and Content
The SPM Site may provide links to other third party websites and content, including social media websites or payment processors (“Third Party Links and Content”) as a matter of convenience to those interested in this information or wishing to purchase products from the SPM Site. We do not monitor or have any control over any Third Party Links and Content or third party websites. Therefore, your use of any third party websites or content may be subject to such third parties’ terms and conditions or their privacy policies. We do not endorse any Third Party Links and Content and make no guarantee as to their accuracy or completeness. We do not represent or warrant the accuracy of any information contained therein, and undertake no responsibility to update or review any Third Party Links and Content. You therefore use or access these Third Party Links and Content at your own risk.
By connecting to the website of a third-party service (e.g. Facebook or Instagram), you give us permission to access and use information, content or material you have supplied to that service as permitted by that service and to store your log-in credentials for that service. SPM does not endorse or control the content, messages or information supplied by users and, therefore, we specifically disclaim any liability with regard to the these materials and any actions resulting from your participation in them.
You acknowledge that SPM does not control the content posted on the website by users, and as such, SPM do not guarantee the accuracy, integrity or quality of such content. You understand that by using the Site, you may be exposed to content that you deem offensive, indecent or objectionable.
Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Site by users.
You further acknowledge that SPM may or may not pre-screen user content posted on our Site, but that SPM shall have the right (but not the obligation) in our sole discretion to pre-screen, edit, refuse, or remove any content or portion thereof that is available via the Site, in our sole discretion, for any reason. Without limiting the foregoing, we shall have the right to remove from our Site any content that violates this Agreement or is otherwise objectionable in our sole discretion, or to restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Site by any person, please contact SPM immediately.
User Submission to SPM
If you submit anything to SPM through our Site, you acknowledge and agree that any such materials, including but not limited to, questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information (“User Submissions”), regarding our Site, SPM, or our products or services that are provided by you are non-confidential and non-proprietary and shall become SPM’s sole property. We will own all exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these User Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You therefore grant to us and our affiliates, business partners, service partners, and sub-licensees an unrestricted, worldwide, royalty-free, non-exclusive license and right to use the User Submissions and the name that you submit in connection with such User Submissions. You represent and warrant that:
- you own and control all of the rights to the User Submissions that you submit, or that you otherwise have the right to submit such User Submissions to our Site;
- the User Submissions are accurate and not misleading; and
- SPM’s use or posting of the User
- Submissions you supply will not violate any rights of or cause injury to any person or entity.
Account, Password and Security
If you register on our Site, you will be required to choose a password and user name, and you may be asked for additional information regarding your account, such as your e-mail address. You are responsible for maintaining the confidentiality of the password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You further agree not to use anyone else’s password on the Site. We will not be liable for any loss or damage arising from your failure to comply with this paragraph. SPM reserves the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if SPM decides, in our sole discretion, that it would be in our best interest to do so.
You agree that SPM may communicate with you electronically, subject to local privacy and anti-spam laws, and that such communications, as well as notices, disclosures, agreements and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
You agree to defend, indemnify and hold SPM, and our independent contractors, service providers, affiliates, business partners, and consultants, and their respective directors, employees, and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Submissions or User Generated Content you post, store or otherwise transmit on or through SPM Site or your use of or inability to use SPM Site, including without limitation any actual or threatened suit, demand or claim made against us, or any of the above-named foregoing parties, arising out of or relating to the Site Content, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.
THE SPM SITE, ITS CONTENT AND ANY PRODUCTS, SERVICES, OR OTHER ITEMS PURCHASED OR OBTAINED THROUGH THE SPM SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOUR USE OF THE SPM SITE, ITS CONTENT AND ANY PRODUCTS, SERVICES, OR OTHER ITEMS OBTAINED THROUGH THE SPM SITE IS AT YOUR OWN RISK. SPM DISCLAIMS
ALL WARRANTIES,WHETHER EXPRESS IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND QUIET ENJOY MENT. INFORMATION AT SPM’S SITE MAY NOT BE CURRENT AT THE MOMENT YOU VISIT SPM’S SITE AND MAY CONTAIN ERRORS OR OMISSIONS. NEITHER WE NOR ANY PERSON ASSOCIATED WITH SPM OR SHWETAMBARI THE BRAND MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF SPM’S SITE OR ITS CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER SPM NOR ANYONE ASSOCIATED WITH SPM’S REPRESENTS OR WARRANTS THAT SPM’S SITE, ITS CONTENT OR ANY PRODUCTS, SERVICES, OR OTHER ITEMS OBTAINED THROUGH SPM’S SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT SPM’S SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT SPM’S SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SPM’S SITE OR SPM’S SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPM OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED.
Limitation of Liability
IN NO EVENT WILL SPM, OUR AFFILIATES OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, SPM’S SITE, ANY SITES LINKED TO IT, ANY CONTENT ON OUR SITE OR SUCH OTHER WEBSITES OR ANY PRODUCTS, SERVICES, OR OTHER ITEMS OBTAINED THROUGH SPM’S SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE AND WHETHER OR NOT COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY. AND TO THE EXTENT THAT WE ARE FOUND LIABLE AS TO ANY CLAIM NOT LIMITED BY THE FOREGOING OR WAIVED BY YOU UNDER THESE TERMS AND CONDITIONS, OUR TOTAL LIABILITY FOR ANY AND ALL SUCH CLAIMS SHALL BE LIMITED TO FIFTY DOLLARS ($50) IN THE AGGREGATE. SPM WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL- OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF SPM’S SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH SPM’S SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.
Notice and Procedure for the Digital Millennium Copyright Act
The digital millennium copyright act (the “Act”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. Copyright Law. Accordingly, SPM reserves the right, but not the obligation, to terminate your right to use the Site if SPM deter mines in It’s sole and absolute discretion that you are involved in any activity that may be infringing, including alleged acts of infringement, regardless of whether the material or activity is ultimately determined to be infringing. SPM accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to the Act, SPM has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d)information reasonably sufficient to permit SPM to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Any notification by a copyright owner or a person authorized to act on such copyright owner’s behalf that fails to comply with requirements of the Act shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our designated agent to receive notification of claimed infringement can be reached by writing at: David Nachman, Esq. Attorney at Law, Visaserve Plaza, 487 Goffle Road, Ridgewood New Jersey 07450.
Due to the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
SPM does not represent that materials on the Site are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site.
Software that may be downloaded from the Site is subject to export controls under the laws and regulations of the United States. By visiting and using our Site, you acknowledge that you are not a national of, or resident within, any of the countries that are subject to trade embargo under these laws and regulations or listed on any of the United States government’s lists of prohibited and restricted parties.
Governing Law and Venue; Waiver of Jury
These Terms and Conditions and your use of our Site are and will be governed by and construed in accordance with the laws of the State of New Jersey, applicable to agreements made and to be en tirely performed within the State of New Jersey, without resort to its conflict of law principles or provisions.
You agree that any action at law or in equity arising out of or relating to these Terms and Conditions or your use of the SPM’s Site shall be filed only in the state and federal courts located in New Jersey and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms and Conditions, your use of the SPM’s Site, or any purchase you make from our Site.
BY YOUR USE OF THE SPM’S SITE YOU ALSO HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING, DIRECTLY OR INDIRECTLY, ARISING OUT OF, OR RELATING TO THESE TERMS AND CONDITIONS TO THE FULLEST EX TENT PERMITTED BY LAW.
Changes to These Terms and Conditions
You agree that SPM may modify these Terms and Conditions and any other policies on our Site at any time and that posting the modified Terms and Conditions or policies on the SPM Site will constitute sufficient notice to you of such modification. Your continued use of the SPM Site following our posting of such modified Terms and Conditions or policies will constitute your agreement to such modified Terms and Conditions or policies.
Notwithstanding anything contained in these Terms and Conditions, SPM reserves the right, without notice to you and in SPM’s sole discretion, to terminate your license to use or access our Site, to block or prevent your future access to and use of our Site, or refuse to sell you any products or services through the SPM Site.
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions and any policies or operating rules posted by SPM on our Site or in respect of any products or services provided through the SPM Site constitutes the entire agreement and understanding between you and us and govern your use of the SPM Site, superseding any prior or contemporaneous agreements, communications
and proposals, whether oral or written, between you and SPM (including, but not limited to, any prior versions of these Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against us nor any of our licensors or service providers.
If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to 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 headings and sub-headings contained in this Agreement are for convenience only and have no legal or contractual effect.
Questions & Contact Information
If you have any questions, please do not hesitate to contact SPM AND THE SHWETAMBARI BRAND at: David Nachman, Esq. NPZ Law Group Visaserve Plaza, 487 Goffle Road Ridgewood, NJ 07450, [email protected].
These Terms and Conditions were last updated on JULY 10, 2021.