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Buyer Agreement


Welcome to the Pragathi.com site (the "Site"). The terms Pragathi.com and Pragathi refer to both this website and to Pragathi Advertisements, LLC. Any person who wants to access the Site to buy items or services must accept the terms and conditions of this Buyer Agreement without change. By registering and using the Site, you agree to be bound by all terms and conditions of this Buyer Agreement, and all policies and guidelines of the site are incorporated by reference.


1. Understanding Pragathi.com's Limitations as a Venue

Pragathi.com provides a venue for buyers to find, learn about, and directly enter into transactions with sellers around the country. It is important to note, however, that Pragathi.com is not a part of that transaction. By shopping on Pragathi.com, you understand that:

a. You are not buying directly from Pragathi.com, but from one of the many sellers on Pragathi.com;

b. Pragathi.com does not pre-screen sellers and therefore does not guarantee or endorse any items sold on Pragathi.com or any content posted by sellers (such as photographs or language used in listings or shop policies); and

c. Each seller on Pragathi.com accepts different payment methods and has their own processing times, shipping and/or delivery methods, and policies.

2. Interference

a. Posting in public areas to demonstrate or discuss a dispute with a seller; or

b. Purchasing from a seller for the sole purpose of leaving a negative review.

3. Purchasing an Item or Service on Pragathi.com

When you buy from a seller on Pragathi.com, you're directly supporting an independent business, each with its unique listings, policies, processing times, and payment systems. By making a purchase from a seller on Pragathi.com, you agree that you:

a. Have read the item or service description and shop policies before making a purchase;

b. Have submitted appropriate payment for item(s) or services purchased or made a mutually acceptable payment arrangement; and

c. Have provided accurate shipping and/or delivery information to the seller if necessary.

4. Leaving a Review of an Item

Reviews are a great way to learn about a seller's items and reputation, help good sellers build a strong reputation, or help warn other buyers about a poor experience.

You can leave a review, including a one to five star rating and a photograph of your purchase, for 60 days after your item's delivery date. The delivery date is the purchase date + processing time + shipping time. You can edit your review, including the photograph, any number of times during that 60 day period.

By leaving a review or photograph, you acknowledge that:

a. Your review and/or photograph and profile information will be publicly displayed on the seller's listing and review pages.

b. Reviews and photographs may not:

  1. Contain private information;
  2. Contain obscene, racist, or harassing language or imagery;
  3. Contain medical drug claims;
  4. Contain advertising or spam;
  5. Be about things outside the seller's control, such as a shipping carrier, Pragathi.com or a third party; or
  6. Undermine the integrity of the Reviews system.

c. Extortion is not allowed on Pragathi.com. Any attempt to manipulate reviews through threats, intimidation, bribery, promises of consideration or similar means is considered extortion and is strictly prohibited on Pragathi.com. Examples of extortion include the following:
  1. A buyer threatens or leaves a negative review in an attempt to force the seller into providing additional items that were not agreed upon in the original transaction.
  2. A buyer threatens or leaves a negative review in an attempt to force the seller into providing a refund when a refund is not warranted.

d. Shilling is not allowed on Pragathi.com. Shilling is the fraudulent inflation of a shop's reputation by use of an alternate account. The intent of shilling is to make a seller look more desirable by increasing the shop's number of sales and overall review score. Not only does it violate our core value of transparency, but it is considered to be a deceptive business practice by the US Federal Trade Commission. Reviews must reflect the honest, unbiased opinions, findings, beliefs, or experiences of the buyer.

e. Sellers may respond to reviews of three or fewer stars. Sellers' responses to reviews must also comply with the above policies. Sellers may hide photographs that they do not feel accurately represent their brand, product or services, or they may report reviews that violate our Terms of Use.

5. Password Security

Your password may be used only to access the Site, electronically sign Your Transactions, and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account) and are solely responsible for any use of or action taken under your password on this Site. If your password is compromised, you must report this to Pragathi.com support and change your password.

6. Privacy; Use of Pragathi.com Transaction Information

a. Read the Pragathi.com Privacy Policy. This may be changed by Pragathi.com and its affiliates at any time without notice. You should check the Privacy Policy frequently for changes. Pragathi.com and its affiliates may communicate with you electronically and in other media, and you consent to such communications regardless of any "Customer Communication Preferences" (or similar preferences or requests) you may have indicated on the Site or by any other means.

7. No Warranties

The Site is provided on an "as is" basis. Pragathi.com does not make any other representations or warranties of any kind, express of implied, including without limitation:

a. The implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;

b. That the Site will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, or operate without error;

d. Any implied warranty arising from the course of dealing or usage of trade; and

e. Any obligation, liability, right, claim, or remedy in tort, whether or not arising from the negligence of Pragathi.com.

To the full extent permissible under applicable law, Pragathi.com disclaims any and all such warranties.

8. General Release

Because Pragathi.com is not involved in transactions between buyers and sellers or other participant dealings, if a dispute arises between one or more participants, each of you release Pragathi.com (and its agents and employees) from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, sounding in tort, contract, statutory or regulatory law, or any other legal theory, arising out of the subject transaction or in any way connected with such disputes.

9. Indemnity/Limitation of Liability

a. Indemnity and Defense. You will defend, indemnify and hold harmless Pragathi.com and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees and costs) arising out of any Claim that arises out of or relates in any way to any actual or alleged breach of the obligations set forth in this Buyer Agreement.

b. Limitation of Liability. Pragathi.com will not be liable for any damages of any kind, including, without limitation, any direct, indirect, incidental, punitive, or consequential damages, arising out of or in connection with the Buyer Agreement, the Site, the inability to use the Site, or those resulting from any goods or services purchased or obtained or messages received or transactions entered into through the Site.

10. Applicable Law

The laws of the state of New Jersey govern this Buyer Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws or the Convention on Contracts for the International Sale of Goods.

11. Arbitration

Each party consents that any dispute or claim relating in any way to this Buyer Agreement or your use of the Site will be resolved by binding arbitration as described in this paragraph, rather than in court, except that you may assert claims in a small claims court in Somerset County, New Jersey if your claims qualify and you or we may bring suit in the state or Federal courts in Somerset County, New Jersey to enjoin infringement or other misuse of intellectual property rights. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Buyer Agreement as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, . The arbitration will be conducted by JAMS under its rules. Payment of all filing, administration and arbitrator fees will be governed by the JAMS' rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. Each party agrees that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration each party waives any right to a jury trial.

If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the demand for arbitration, then JAMS will appoint the arbitrator in accordance with its rules. Unless you and Pragathi.com otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Pragathi.com submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the JAMS rules. Subject to the JAMS rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

The arbitrator will render an award within the time frame specified in the JAMS rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim.

Your responsibility to pay any JAMS filing, administrative and arbitrator fees will be solely as set forth in the JAMS rules.

12. Disputes

Because Pragathi.com is neither the agent of Seller and is not the agent of Buyer for any purpose, Pragathi.com will not act as either party's agent in connection with resolving any disputes between participants related to or arising out of any transaction. Pragathi.com urges Sellers and Buyers to cooperate with each other to resolve such disputes.

13. Your Grant

By entering into this Buyer Agreement and listing an item, you grant us a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all of the content you submit to Pragathi.com and its affiliates, and to sublicense the foregoing rights to our affiliates and operators of any website or other online point of presence (other than the Site) through which the Site and/or products or services available thereon are syndicated, offered, merchandised, advertised or described; provided, however, that we will not alter any of your trademarks (i.e., trademarks of yours that you provide to us in non-text form for branding purposes that are separate from and not embedded or otherwise incorporated in any product specific information or materials) from the form provided by you (except to re-size trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same) and will comply with your removal requests as to specific uses of your trademarks (provided you are unable to do so using standard functionality made available to you via the Site); provided further, however, that nothing in this Buyer Agreement will prevent or impair our right to use without your consent the content and any other materials provided by you, to the extent that such use is allowable without a license from you or your affiliates under applicable law (e.g., fair use under copyright law, referential use under trademark law, or valid license from a third party). You represent and warrant that you own or otherwise control all of the rights to the content you submit to Pragathi.com and its affiliates, and that the use of such materials by Pragathi.com and its affiliates will not infringe upon or violate the rights of any third party.

14. Termination

Pragathi.com, in its sole discretion, may terminate this Buyer Agreement, access to the Site or any current listings immediately without notice for any reason. Pragathi.com, in its sole discretion, also may prohibit any Buyer from purchasing items, goods and services.

15. General Provisions

a. Entire Agreement. This Buyer Agreement, including any terms and conditions incorporated herein by reference, and the general terms and conditions of the Site, including but not limited to the Privacy Policy, constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes and cancels all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof

b. No Agency; Third-Party Beneficiary. This Buyer Agreement will not create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. Nothing expressed or mentioned in or implied from this Buyer Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Buyer Agreement. This Buyer Agreement and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of Pragathi.com, you, and relying Buyers or Sellers.

c. Severability. If any provision of this Buyer Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

d. No Waiver. Pragathi.com will not be considered to have waived any of its rights or remedies described in this Buyer Agreement unless the waiver is in writing and signed by the relevant party. No delay or omission by Pragathi.com in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Pragathi.com's failure to enforce the strict performance of any provision of this Buyer Agreement will not constitute a waiver of either party's right to subsequently enforce such provision or any other provisions of this Buyer Agreement.

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