This Terms and Conditions guide outlines your rights, responsibilities, and the rules for using our services to ensure a fair and transparent experience.
Introduction

These Terms and Conditions ("Terms," "Terms and Conditions") govern your use of our website located at 34thdesign.com and our services (collectively referred to as the "Service") operated by 34th Design ("we," "us," or "our").
By accessing or using our Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our Service. Your access to and use of the Service is also conditioned on your acceptance of and compliance with our Privacy Policy. Please read it carefully.

1. Use of the Service

1.1 Eligibility:

To use our Service, you must be at least 18 years old and have the legal capacity to enter into these Terms. By accessing or using the Service, you represent and warrant that you meet these eligibility requirements.

1.2 Account Registration:

To access certain features of our Service, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

1.3 Prohibited Activities:

You agree not to engage in any of the following prohibited activities:

Using the Service for any illegal purpose or to violate any laws, regulations, or ordinances.
Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service.
Using any automated system, including without limitation "robots," "spiders," or "offline readers," to access the Service.
Attempting to impersonate another user or person or using the username of another user.
Using the Service to distribute spam, advertisements, or other unsolicited content.
Attempting to access, search, or download from the Service using any software, tools, agents, or other devices or mechanisms (including crawlers, robots, and spiders) except through software that we provide or standard search engines.

2. Intellectual Property Rights

2.1 Ownership:

All content and materials on the Service, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, and software, are the property of 34th Design or our content suppliers and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

2.2 License to Use:

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Service for your personal, non-commercial use. This license does not allow you to resell or make commercial use of the Service or its contents, nor to modify, distribute, or reproduce the Service or its contents without our prior written consent.

2.3 User Content:

If you submit or post content to the Service, you grant us a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content. You represent and warrant that you own or otherwise control all the rights to the content you submit or post and that your content does not violate these Terms or the rights of any third party.

3. Third-Party Links and Services

Our Service may contain links to third-party websites or services that are not owned or controlled by Passage To India Cuisine. We have no control over and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that 34th Design shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

4. Termination and Suspension

We take the security of your personal information seriously and use reasonable and appropriate measures to protect it from unauthorized access,alteration,disclosure, or destruction. These measures may include:

Encryption of sensitive data.
Regular security audits and assessments.
Implementation of industry-standard security protocols and measures.
However, please be aware that no method of transmitting information over the internet or storing information is completely secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

4.1 Termination by Us:

We may terminate or suspend your access to all or part of the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

4.2 Termination by You:

You may terminate your account by discontinuing your use of the Service. If you wish to terminate your account, you may simply discontinue using the Service or contact us at 34thdesign.com.

4.3 Effect of Termination:

All provisions of these Terms which by their nature should survive termination shall survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

5. Disclaimer of Warranties

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. We make no representations or warranties of any kind, express or implied, about the operation of the Service or the information, content, materials, or products included in the Service. You expressly agree that your use of the Service is at your sole risk.
To the fullest extent permissible by applicable law, 34th Design disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. 34th Design does not warrant that the Service, its servers, or emails sent from 34th Design are free of viruses or other harmful components.

6. Limitation of Liability

To the fullest extent permitted by applicable law, 34th Design shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from:

Your access to or use of or inability to access or use the Service.
Any conduct or content of any third party on the Service.
Any content obtained from the Service.
Unauthorized access, use, or alteration of your transmissions or content.

In no event shall 34th Design's aggregate liability for all claims related to the Service exceed the greater of $100 or the amount you paid 34th Design in the last 12 months.

7. Indemnification

You agree to defend, indemnify, and hold harmless 34th Design, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, and successors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Service.

8. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of United States of America/ North Carolina, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms, the Service, or your use of the Service will be subject to the exclusive jurisdiction of the courts located within Charlotte, United States of America / North Carolina and you hereby consent to the jurisdiction of such courts.

9. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 3 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

10.Miscellaneous

10.1 Entire Agreement:

These Terms, together with the Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and 34th Design regarding the Service and supersede any prior agreements, whether written or oral, between you and 34th Design.

10.2 Waiver and Severability:

No waiver by 34th Design of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of 34th Design to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason by any law or regulation of any government, or by the final determination of any court of competent jurisdiction, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

10.3 Assignment:

These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by 34th Design without restriction. Any attempted transfer or assignment in violation here of shall be null and void.

10.4 Headings:

The section titles in these Terms are for convenience only and have no legal or contractual effect.

10.5 Notices:

All notices required or permitted to be given under these Terms will be in writing and delivered to:

34th Design
United States of America
Charlotte, North Carolina, 28213
34thdesigninc@gmail.com

Notices may also be provided by electronic mail (e-mail) and will be effective on the day they are sent if sent to the correct email address and without an error message being received.

11. Feedback and Reporting Violations

We welcome your feedback, comments, and suggestions for improvements to the Service ("Feedback"). You can submit Feedback by emailing us at ${contactEmail}. By submitting Feedback, you grant us the right to use and disclose the Feedback for any purpose without restriction or compensation to you. We are under no obligation to use the Feedback you provide.
If you become aware of any misuse of the Service, including any prohibited user conduct, you must report it to us immediately at ${contactEmail}.

12.Dispute Resolution

12.1 Informal Resolution:

Before filing a claim against 34th Design, you agree to try to resolve the dispute informally by contacting us at 34thdesigninc@gmail.com. We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, either party may bring a formal proceeding.

12.2 Arbitration Agreement:

You and 34th Design agree to resolve any claims relating to these Terms or the Service through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules. The arbitration will be held in Charlotte, NC, or any other location we agree to.

12.3 Exceptions to Agreement to Arbitrate:

Either you or 34th Design may assert claims, if they qualify, in small claims court in [the jurisdiction where you reside] or any United States county where we have offices. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in informal resolution or arbitration.

12.4 Class Action Waiver:

You agree to resolve disputes with 34th Design on an individual basis and not to bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

12.5 Governing Law:

These Terms are governed by and construed in accordance with the laws of North Carolina /United States of America, without regard to its conflict of law principles.

13. Acknowledgement

By using the Service or other services provided by us, you acknowledge that you have read these Terms and agree to be bound by them.

14. Contact Information

If you have any questions about these Terms, please contact us at:

34th Design
United States of America
Charlotte, North Carolina, 28213
34thdesigninc@gmail.com
3369970814

15. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and 34th Design regarding the Service and supersede all prior agreements, whether written or oral, between you and 34th Design

Terms And Conditions

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