Terms of Use
These Terms of Use (the “Terms”) govern your access to and use of udayaholding.com (the “Site”), operated by Udaya Holding LLC (“Udaya Holding”, “we”, “us” or “our”).
By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, please do not use the Site.
Contents
1. Acceptance of these Terms
These Terms constitute a binding agreement between you and Udaya Holding. We may modify them at any time by posting a revised version on this page; the revised Terms take effect when published. Your continued use of the Site after publication constitutes acceptance of the changes.
2. Purpose of the Site
The Site is provided for general informational purposes about Udaya Holding and its activities. It does not constitute, and must not be construed as:
- an offer to sell, or a solicitation of an offer to buy, any security, interest or instrument;
- investment, financial, legal, tax or accounting advice;
- a recommendation regarding any investment strategy or transaction; or
- the formation of any advisory, fiduciary, agency or client relationship.
Please read our Disclaimer, which forms part of these Terms.
3. Eligibility and permitted use
You may use the Site only if you are at least 18 years old and legally able to enter into a binding agreement. You agree to use the Site lawfully and not to:
- use it in a way that violates any applicable law or regulation;
- attempt to gain unauthorised access to the Site, its servers or any connected system;
- introduce malware, or interfere with the operation, integrity or security of the Site;
- use automated means to scrape, harvest or index content except as permitted by our
robots.txt; - submit false, misleading, unlawful, defamatory or infringing content through any form;
- use contact details published on the Site for unsolicited commercial communications; or
- reproduce, republish or exploit the Site or its content for commercial purposes without our prior written consent.
4. Intellectual property
The Site and all of its content — including text, graphics, photographs, illustrations, layout, design, the Udaya name, the Udaya symbol, logos and other trade marks — are owned by or licensed to Udaya Holding LLC and are protected by copyright, trade mark and other intellectual property laws.
You are granted a limited, revocable, non-exclusive and non-transferable licence to access and view the Site for your own personal or internal business use. All other rights are reserved. No right or licence in any trade mark or other intellectual property is granted by implication, estoppel or otherwise.
5. Your submissions
If you send us an enquiry or other communication, you confirm that you are entitled to do so and that the content is accurate and does not infringe the rights of any third party. Please do not send confidential, proprietary or non-public information through the Site. Unsolicited submissions of business plans, proposals or ideas are not treated as confidential, and we assume no obligation of confidentiality or compensation with respect to them unless we have agreed otherwise in writing.
6. Availability
We aim to keep the Site available but do not guarantee uninterrupted or error-free access. We may suspend, withdraw or restrict all or part of the Site at any time, with or without notice, including for maintenance, security or operational reasons.
7. Third-party links
The Site may link to third-party websites for convenience. Such links do not imply endorsement, and we have no control over, and accept no responsibility for, the content, products, services or practices of any third-party site.
8. Disclaimer of warranties
To the fullest extent permitted by applicable law, the Site and all content are provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness or currency of information.
9. Limitation of liability
To the fullest extent permitted by applicable law, Udaya Holding and its members, managers, officers, employees, agents and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or business opportunity, arising out of or in connection with your access to, use of, or inability to use the Site — whether based in contract, tort (including negligence), strict liability or any other theory, and whether or not we have been advised of the possibility of such damages.
Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law.
10. Indemnity
You agree to indemnify and hold harmless Udaya Holding and its members, managers, officers, employees, agents and affiliates from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of your breach of these Terms or your misuse of the Site.
11. Governing law and jurisdiction
These Terms and any dispute or claim arising out of or in connection with them or the Site (including non-contractual disputes or claims) are governed by the laws of the State of New Mexico, United States, without regard to its conflict-of-law principles.
You agree that the state and federal courts located in Bernalillo County, New Mexico, shall have exclusive jurisdiction, and you submit to the personal jurisdiction of those courts. Where mandatory consumer protection laws of your country of residence apply, this clause does not deprive you of the protection of those laws.
12. General
If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force. Our failure to enforce any provision is not a waiver of it. These Terms, together with our Privacy Policy, Cookie Policy and Disclaimer, constitute the entire agreement between you and us regarding the Site.
13. Contact
Questions regarding this document may be sent to info@udayaholding.com or by post to:
Udaya Holding LLC
1209 Mountain Road Pl NE, Ste R
Albuquerque, NM 87110
United States