Fast, Expert Software Consulting and Programming HelpTM
This Agreement must be understood and agreed to by a person over 18. Persons under the age of 18 are not permitted to make purchases on this website and may browse this site only with the express permission of a qualified parent or guardian.
Description of Service
thisiscool.com is a vehicle for Mohan Embar, Inc. to:
- familiarize the public with Mohan Embar's skills and programs
- sell hours of Mohan Embar's consulting time
- sell works that Mohan Embar has created
The content of this website has been deemed by the author as suitable for ages 13 and above.
Service Terms, Conditions, Disclaimers
All sales are final. No refunds or exchanges can be made for any reason. Purchased hours of consulting time are exempted from the aforementioned restrictions only in the following manner: the user may request the refund of unfulfilled hours if these hours are outstanding on the day after the requested project completion date or six months from the date of the initial purchase, whichever comes first.
User agrees that when making a purchase, User is authorized to employ the payment method chosen to make the purchase. For credit card payments, this means that User is the actual cardholder of the credit card used to make the payment. For Paypal® payments, this means that User is the actual Paypal accountholder. Any other payment scenario violates this agreement and is not permitted.
Disclaimer of Warranties
The site and all of the goods and services sold on this site are provided by Mohan Embar, Inc. on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Mohan Embar, Inc. makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website and the goods and services sold hereon in terms of their correctness, accuracy, reliability, or otherwise. Mohan Embar, Inc. shall have no liability for any interruptions in the use of this Website nor the use of the goods and services sold hereon. Mohan Embar, Inc. disclaims all warranties with regard to the information, goods and services provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
Hours of consulting time are sold on a time basis only, as indicated above. No warranty of any kind is made with respect to the results and outcome of the hours which Mohan Embar works on behalf of the client.
Limitation of Liability
MOHAN EMBAR, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR MOHAN EMBAR, INC. SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE, THE INFORMATION CONTAINED IN IT, AND THE GOODS AND SERVICES SOLD VIA THIS WEBSITE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF MOHAN EMBAR, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
User agrees to indemnify and hold Mohan Embar, Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of User's use of the Service, User's use of any of the goods and services sold via this website, the violation of this Agreement, or infringement by User, or other user of the Service using User's computer, of any intellectual property or any other right of any person or entity.
Modifications and Interruption to Service
Mohan Embar, Inc. reserves the right to modify or discontinue the Service with or without notice to the User. Mohan Embar, Inc. shall not be liable to User or any third party should Mohan Embar, Inc. exercise its right to modify or discontinue the Service. User acknowledges and accepts that Mohan Embar, Inc. does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Governing Jurisdiction of the Courts of Wisconsin
Compliance with Law
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2008 thisiscool.com, with all rights reserved, or is the property of Mohan Embar, Inc. and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Mohan Embar, Inc. is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Mohan Embar, Inc..
Mohan Embar, Inc.™ and This Is Cool™ are proprietary marks of Mohan Embar, Inc. The phrase "Fast, Expert Software Consulting and Programming Help" is a service mark of Mohan Embar, Inc. Mohan Embar, Inc.'s trademarks and service marks may not be used in connection with any product or service that is not provided by Mohan Embar, Inc., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mohan Embar, Inc..
All other trademarks displayed on Mohan Embar, Inc.'s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Mohan Embar, Inc..
To avoid copyright and intellectual property conflicts, thisiscool.com does not solicit or seek to use external submissions or ideas. It is our policy to perform all creative work ourselves and we ask that you refrain from sending any submissions, materials or ideas to us. We are under no obligation to use, consider, or respect the confidentiality of any submissions or material received by us and you agree that by sending such items to us, they become our intellectual property to the extent applicable by law.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Mohan Embar, Inc..com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
Mohan Embar, who can be contacted via this website's contact page at http://www.thisiscool.com/contact.htm.