Limitation of Authority:
User shall have no authority to bind, obligate, or commit THE AVS TECHNOLOGY in any manner, including by any promise or representation, whether oral or written, unless specifically authorized by THE AVS TECHNOLOGY in writing.
In the event, any dispute, arbitration, or litigation arises out of, in connection with, or as the result of any act performed by User pursuant to this agreement, or failure to perform, as the case may be, User shall cooperate fully with THE AVS TECHNOLOGY in an effort to resolve same. User agrees to indemnify and hold THE AVS TECHNOLOGY harmless of and from any and all claims, demands, suits, and liabilities, including costs and attorney’s fees, to which THE AVS TECHNOLOGY may be subjected by reason of or in connection with any proceeding arising out of the conduct or omissions of User. It is the policy of THE AVS TECHNOLOGY to avoid litigation whenever possible but the decision whether or not to enter into or maintain litigation shall be the decision of THE AVS TECHNOLOGY alone. This obligation shall survive the termination or expiration of this Agreement.
Termination of Agreement:
Either party may, at any time, terminate this Agreement for any reason or for no reason at all. However, each shall continue to comply with any and all obligations of this Agreement that are intended to survive its termination or expiration. User understands that in the event of termination or expiration, User will receive the balance recharge User has earned acceptable. THE AVS TECHNOLOGY and User shall deal with each other fairly and in good faith relative to this Agreement. User further understands that if User has participated in any incentive promotion pursuant to which User may be entitled to a bonus, trip, or any kind of award/ rewards, User will not be entitled to same if it was not actually received prior to the date of termination. THE AVS TECHNOLOGY may terminate User accounts without prior notice if any suspicious activity is found which comes in the way of the natural or intended functioning of THE AVS TECHNOLOGY. Termination of user accounts will be at the sole discretion of THE AVS TECHNOLOGY.
Breach of Agreement:
User understands and agrees that any breach or threatened breach by User of the non-competition and non-disclosure provisions contained in this Agreement will cause THE AVS TECHNOLOGY substantial, irreparable harm which is difficult to measure and that THE AVS TECHNOLOGY, therefore, may obtain an injunction against such conduct and User consents thereto. This right is in addition to any other rights THE AVS TECHNOLOGY may have against the User for breach of this Agreement. Therefore, whenever THE AVS TECHNOLOGY may apply for a restraining order or injunction against the User for breaching or threatening to breach this Agreement as described above, the User waives any notice to which the User may be entitled and consents to such restraining order or injunction. If THE AVS TECHNOLOGY proceeds against User in the state court for Delhi, or the Indian High Courts/ Supreme Court situated in or closest to said area of Delhi, on any cause of action arising out of this Agreement, User agrees that such court may exercise personal jurisdiction over User. In the event of any breach of this Agreement by User, User agrees to pay THE AVS TECHNOLOGY all losses and damages sustained as a result thereof, as well as court costs, attorney fees, and related expenses.
Other Miscellaneous Terms: