Indemnification

INDEMNIFICATION

You will release, indemnify, defend, and hold harmless TOSH BIOTECH, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs, and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations, and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary rights of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to TOSH BIOTECH. When TOSH BIOTECH is threatened with suit or sued by a third party, TOSH BIOTECH may seek written assurances from you concerning your promise to indemnify TOSH BIOTECH; your failure to provide such assurances may be considered by TOSH BIOTECH to be a material breach of this Agreement. TOSH BIOTECH will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of TOSH BIOTECH choice at its expense. TOSH BIOTECH will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend TOSH BIOTECH against any claim, but you must receive TOSH BIOTECH prior to written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products

PRIVACY

TOSH BIOTECH believes strongly in protecting user privacy and providing you with notice of Its Hemp’s use of data. Please refer to the TOSH BIOTECH privacy policy, incorporated by reference herein, that is posted on the Website.

AGREEMENT TO BE BOUND

By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.

GENERAL

Force Majeure. TOSH BIOTECH will not be deemed in default hereunder or held responsible for any cessation, interruption, or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, an act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

Cessation of Operation. TOSH BIOTECH may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.

Entire Agreement. This Agreement comprises the entire agreement between you and TOSH BIOTECH and supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver. The failure of TOSH BIOTECH to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Governing Law; Himachal Pradesh, India. This Website originates from Kangra, Himachal Pradesh. This Agreement will be governed by the laws of the State of Himachal Pradesh without regard to its conflict of law principles to the contrary. Neither you nor TOSH BIOTECH will commence or prosecute any suit, proceeding, or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Himachal Pradesh. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.

Statute of Limitation. 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 Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.

Termination. TOSH BIOTECH reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and TOSH BIOTECH may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, TOSH BIOTECH reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Website. This Agreement will survive indefinitely unless and until TOSH BIOTECH chooses, in its sole discretion and without advance to you, to terminate it.

Domestic Use. TOSH BIOTECH makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.

Assignment. You may not assign your rights and obligations under this Agreement to anyone. TOSH BIOTECH may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE

TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.