Legal and Miscellaneous
. This Agreement states your entire agreement with Guava Fresh regarding the use of the Guava Fresh Service and www.guavafresh.com. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect.
a. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
b. This Agreement shall be governed by the laws of the State of Assam without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Guava Fresh or its Associates or relating in any way to your use of the Guava Fresh or www.guavafresh.com resides in the courts of Sivasagar, Assam, and you further consent and agree to personal jurisdiction by the state and courts sitting in the State Assam in connection with any such dispute.
c. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.
d. Sections 7 and 8 of this Agreement are for the benefit of Guava Fresh and its Associates, and each shall have the right to assert and enforce the provisions directly on their own behalf. Sections 7 and 8 of this Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of your Guava Fresh service.
Notices. Guava Fresh may give notice to you of a change in this Agreement, a change in the Guava Fresh Fee Schedule, and any other matter by general posting on www.guavafresh.com, by electronic mail. You may give notice to Guava Fresh by telephone, by electronic mail (visit Contact Us on www.guavafresh.com).
If you have any questions about this agreement, please email us at email@example.com.
Information regarding online dispute resolution pursuant to Art. 14 Para. 1 of the ODR (Online Dispute Resolution Regulation):
The European Commission gives consumers the opportunity to resolve online disputes pursuant to Art. 14 Para. 1 of the ODR on one of their platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can try to reach out-of-court settlements of disputes arising from online purchases and contracts for services.