- “The Arora Report, Ltd.” hereinafter “TAR”, is an Indiana Corporation. You expressly agree that all of the TOU also apply to employees, officers, directors, contractors, and affiliates of TAR without limitation. You agree that your entire relationship will be deemed to be with the corporation The Arora Report, Ltd. You agree that for the purpose of any disputes or claims, you will have no relationship without any limitation with the employees, officers, directors, contractors, and affiliates of The Arora Report, Ltd. You specifically agree that you will have no claims of any kind without limitation against Nigam Arora as a person in his individual capacity.
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You agree to fully forego all your claims without exception if you fail to fully, accurately, and truthfully comply with the foregoing. c.) Only after the foregoing process is complete and the dispute or claim is still not resolved, in the third step, you agree that the dispute will be submitted to final and binding arbitration before a three-arbitrator panel of the American Arbitration Association in Hamilton County, Indiana. You agree and fully understand that you are completely waiving your right to have a judge or jury decide the dispute. You expressly agree to refrain from joining or bringing any claims in a class-wide capacity or any representative form including but not limited to any class action lawsuits or class-wide arbitration. You expressly agree to have any claims and all claims decided individually and only through arbitration. 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YOU SPECIFICALLY AGREE THAT YOU WAIVE ALL DEFENSES AND OBJECTIONS TO IMMEDIATE DISMISSAL OF A LAWSUIT OR ANY ACTION THAT YOU FILE IN A JURISDICTION OR FORUM OTHER THAN HAMILTON COUNTY OR MARION COUNTY INDIANA. YOU SPECIFICALLY AGREE THAT NO COURT OTHER THAN A COURT IN HAMILTON COUNTY OR MARION COUNTY INDIANA WILL HAVE ANY KIND OF JURISDICTION OVER TAR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATES WITHOUT LIMITATION REGARDING ANY MATTER RELATED TO YOU. YOU SPECIFICALLY AGREE THAT ALL OF THE FOREGOING IS FAIR, REASONABLE, AND EQUITABLE AS WITHOUT THESE PROVISIONS YOU WOULD NOT HAVE ACCESS TO CONTENT OR SERVICES FROM TAR.
- You specifically agree that any part, provision, representation, or warranty of this TOU that is prohibited, or which is held to be void or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining full or partial provisions hereof which will remain in full force and effect.
YOU EXPRESSLY AGREE THAT IF ANY AUTHORITY HOLDS THIS AGREEMENT UNENFORCEABLE AND/OR UNDER ALL OTHER CIRCUMSTANCES, THE EXCLUSIVE AND SOLE MAXIMUM LIABILITY OF ANY KIND OF TAR UNDER ALL THEORIES, ITS DIRECTORS, ITS OFFICERS, ITS EMPLOYEES, AND ITS AFFILIATES FOR ALL DIRECT OR INDIRECT DAMAGES, OF ANY KIND, LOSSES, CAUSES, AND ACTIONS OF ANY KIND SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU IN THE LAST 3 MONTHS TO TAR AND/OR ITS AFFILIATES, CONTRACTORS, OFFICERS, DIRECTORS OR EMPLOYEES FOR PROCUREMENT OF OFFERINGS OR $200, WHICHEVER IS LESS.