Terms & Conditions


BY VISITING CHEEMASTRAVEL.COM, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS. (GROUP TRIPS, SCROLL DOWN)

OVERVIEW FOR CLIENTS

The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site. 

Use of cheemastravel.com including all materials presented herein and all online services provided by Rani Cheema of Cheema’s NYC, LLC is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service (Service being customize trip planning or culinary trips), you agree to these Terms and Conditions, without modification, and acknowledge reading them.

USE OF THE SITE AND SERVICE

To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 must wanting to use the Services cheemastravel.com and Rani Cheema provides, must consult an adult.

Information provided on the Site and in the Service related to Trip Planning and other information are subject to change. Cheemastravel.com makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Rani Cheema disclaims all liability for any inaccuracy, error, or incompleteness in the Content.

CLIENT PROFILE CREATION

In order to use the Service, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to cheemastravel.com will always be accurate, correct, and up to date.

You must not impersonate someone else or provide account information or an email address other than your own. You must not, in the use of the Service, violate any laws in your jurisdiction. You will be held for errors in any and all travel bookings where information provided by you was incorrect.

REFUSAL OF SERVICE

The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

ORDER CONFIRMATION

We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

CANCELLATIONS, REFUNDS & RETURNS

No refunds will be given. No project will be refunded. If you choose to cancel the project midway, where ideas and proposals have been submitted, refund of previous payment is not possible. At anytime when it becomes apparent that you are not equally as invested in the success of the project, I reserve the right to terminate at any point. This includes not making decisions, delayed approvals, consistently being disrespectful to me/the contractors and/or compromising the integrity of the project. This contract will be void and no refund will be issued.


BOOKING TERMS & CONDITIONS FOR GROUPS

In consideration of being permitted to participate in an Cheema’s NYC, LLC & Cheema’s Travel trips, I hereby acknowledge, and agree to, the following  terms and conditions:

All bookings are made with Cheema’s NYC, LLC & Cheema’s Travel, a New York limited liability company and the owner of all of its advertised itineraries (“Cheema’s Travel,” “Cheema’s NYC,” “Rani Cheema,” “me,” “we,” or “us”). By booking a trip with us, paying a deposit or signing this agreement, you accept all of the terms in this agreement on your own behalf and on behalf of all persons listed on the booking, including any minor under your custody, care or control (“Minor” or “Child”) (individually, “Traveler,” and collectively, “Travelers”), and direct us to perform services for each and every Traveler. The terms and conditions set forth in this agreement constitute the entire understanding and agreement between you the Traveler (“you” or “your”) and Cheema’s NYC, LLC & Cheema’s Travel with respect to any and all bookings, reservations, trips, or transactions made with Cheema’s NYC, LLC & Cheema’s Travel.

All Travelers must be 18 years of age or older to travel with Cheema’s NYC, LLC & Cheema’s Travel unless they are accompanied by an adult. 

Insurance Requirements

It is mandatory that all of Cheema’s NYC, LLC & Cheema’s Travel travelers provide proof of current and adequate travel insurance before the trip begins. Travel insurance must cover personal injury, medical treatment, repatriation, and evacuation expenses, including helicopter rescue and air ambulance internationally. It is recommended that travel insurance also address personal property and trip cancellation coverage. Trip cancellation insurance may be the only means of receiving reimbursement for flights and other non-refundable expenses should an we trip be cancelled for any reason, whether voluntarily by you or as a result of our actions. You are responsible for understanding the specifics of your travel insurance policy, ensuring that your policy covers all optional and included activities listed in the trip itinerary, and ensuring that there are no exclusion clauses (e.g., air delays due to mechanical issues) that would limit the coverage that you might reasonably need. If you have current health insurance coverage, check your insurance policy to see if it provides the coverage described above while traveling outside your country. It is your responsibility to verify your insurance policy details with your insurance provider to ensure Cheema’s NYC, LLC & Cheema’s Travel requirements are satisfied.

Deposits, Payments, Refunds and Cancellations

Bookings may be made through our online booking system. The deposit and payment schedule for our various trips appears below. Review the deposit and payment schedules carefully, as they vary depending on the type of trip, e.g., private versus non-private trips and multi-day versus single day trips. Note that a booking is not accepted and there is no contract between us until we confirm your booking in writing.

The following are specifically excluded from the Program rates and are the sole responsibility of each Traveler: Airfare, costs of obtaining passports; visas; excess baggage charges; items of purely personal nature, such as drinks, laundry, communication (calls, faxes, emails etc.); international airport departure tax (to be paid in US dollars or acceptable foreign currencies); excursions or deviations from any trip itinerary.

Cancellations

Regarding cancellations, any cancellations by you will result in the loss of your deposit and other monies paid to us for your trip. For this reason, we strongly recommend you have comprehensive travel insurance for every traveler within your group that includes cancellation coverage so everyone is protected financially in case anything comes up that prevents them from joining the trip. More information about our cancellation policy appears below, which we urge you to read carefully. 

Multi-day Small Group Trips

a) If booking a multi-day trip more than 60 days before the departure date, a deposit totaling 50% of the trip cost is due to confirm your space. The remaining balance is due no later than 30 days before the departure date. If your booking is made within 25 days or less before trip departure date, the entire trip cost must be paid at the time of confirmation.

b) Cancellations

i. Any cancellations by you will result in the loss of all monies collected from you. For this reason, we strongly recommend you have comprehensive travel insurance that includes cancellation coverage so you are protected financially in case anything comes up that prevents you from joining your trip.

ii. If you do not pay the balance of your trip no later than 25 days before the departure date, your booking will be cancelled, resulting in the loss of all money collected.

iii. If Cheema’s NYC, LLC & Cheema’s Travel is forced to significantly alter or cancel your trip, we will let you know as soon as possible. In these circumstances, you can choose one of the following options:

1) Accept Cheema’s NYC, LLC & Cheema’s Travel offer of a comparable replacement trip (offered at our discretion and subject to availability), or

2) Receive a refund of all monies paid.

2) When accepting an offer for a replacement trip:

i. If the cost is lower than the price of your original trip, you will receive a refund for the difference in cost.

ii.If the cost of the replacement trip is equivalent or higher than your original trip, you owe nothing. 

Form of Payment: All payments must be made by credit card. Prices are in US dollars, and all payments must be made in US dollars.

Cancellation Process: To cancel your booking, you must send written notice to us by email at rcheema@tzell.com. Cancellation fees will be applied per person according to the schedule set forth in this section, based on the date we receive your written notification, not when you send the email.

Unused Portion of Trip (no refunds): No refunds will be provided for any unused portion of a trip once the trip begins, including but not limited to if you leave a trip for any reason, miss the trip’s departure date or an activity, or have to be removed from a trip. There are no exceptions to this cancellation and refund policy, including for reasons related to weather, civil strife, personal, family or medical emergencies or any other circumstances beyond our control. For this reason, we highly recommend that you purchase trip cancellation and interruption insurance.

Changes by You

Change requests to our itineraries can be very disruptive. If you request to change your trip dates or alter your itinerary after we confirm your booking but before your trip’s departure date, we will consider whether we can reasonably accommodate your request without any disruption to the trip. If we are able to make such changes, a change fee may be applied. (There is no change fee for transfers to replacements trips described in the preceding section.) The type and scope of change dictates the amount of the change fee and such fees can be substantial. Our outside suppliers, including hotels, often impose additional fees or penalties for changes and cancellations. It is in our sole discretion whether to accept a change request.

Alterations or Cancellation by You After Commencement of Travel

We will forward any alteration that you request after your trip has commenced to our independent suppliers.  We will work with them to try and accommodate reasonable requests but cannot guarantee that any changes will be possible after your trip has commenced. Changes after departure can create severe complications. In the event you request a change, you will be liable for any cancellation charges and change fees that may be imposed for the booking of revised arrangements and for all costs associated with the arrangements themselves. It is in our sole discretion whether to accept a change request.

Cancellations or Changes by Us and Flexibility

We reserve the right to cancel, alter or modify any trip without prior notice for any reason, including but not limited to for the safety and/or comfort of clients and for circumstances of Force Majeure, which is defined in this agreement below. This includes the right to replace or substitute guides and accommodations in the trip materials, modify the order in which places are to visited, and make other changes in the itinerary. You acknowledge that the amenities, accommodations, transportation, route, schedule, and itinerary may change without prior notice due to local circumstances or events, which may include mechanical breakdown, flight cancellations, illness, strikes, political disputes, weather, border crossing problems, and other unforeseeable factors. If, prior to departure, we make a significant change because of a problem with a supplier (e.g., bankruptcy), we will, as soon as reasonably possible, notify you of available alternatives.

If we must cancel a trip due to insufficient enrollment, all trip members will be notified a minimum of 60 days before the trip departs and will receive a full refund of payments made to Cheema’s NYC, LLC and Cheema’s Travel.

Any changes may require a supplemental payment from you or result in a partial or full refund. A supplemental payment is a rare situation; however, such a payment may arise due to unexpected events (e.g., increase in government fees). We typically try to absorb any increased fees as a result of a change by us under this section. If we cannot absorb the extra cost, we will give you advance notice in the rare event that a change by us would require a supplemental payment. A refund under this section will constitute full settlement of claims you may have arising out of our cancellation. Unless doing so would create an unstable financial situation for Cheema’s NYC, LLC & Cheema’s Travel , we will refund any deposits already paid in the event of a cancellation due to Force Majeure less any non-refundable deposits paid to our third party suppliers. We will work with our suppliers to try and obtain any non-refundable deposits so that we can give you a full refund. We cannot guarantee such a result, though.

Denial of Participation

We reserve the right to deny participation in the trip to any Traveler that Cheema’s NYC, LLC & Cheema’s Travel, in its sole discretion, judges to be incapable of meeting the rigors and requirements of the trip activities, or whose actions or deportment it judges unsuitable for group travel. During the trip, Cheema’s NYC, LLC & Cheema’s Travel has the right in its sole discretion to remove anyone who it determines to detract from others’ enjoyment of the trip. The decision of the guide, host or local supplier is final on all matters that may threaten the safety or interfere with the well-being of others. Any costs resulting from being removed from a trip or being declined participation in a trip is at your expense.

Force Majeure

We will not be deemed in breach of this agreement or otherwise liable to you, by reason of delay in performance or nonperformance of any of our obligations under this agreement to the extent that any such delay or nonperformance is due to any Force Majeure. ” Force Majeure means any circumstances beyond our reasonable control, including without limitation acts of nature, terrorist activities, insurrection, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, sabotage, civil disturbance, labor strikes, requisition, sickness, quarantine, government intervention, weather conditions, and unforeseen circumstances. If we and any of our suppliers are affected by Force Majeure, we and our suppliers shall be entitled to, and may in our sole discretion, vary or cancel any itinerary or arrangement in relation to the trip. Regarding civil unrest, once we have investigated the prevailing situation, as we deem fit, it shall remain in our sole and absolute discretion whether to proceed with the trip.

Optional Activities

During any Cheema’s NYC, LLC & Cheema’s Travel trip, there may be opportunities to participate in activities or local events, which are not included in Cheema’s NYC, LLC & Cheema’s Travel’s packaged trip. We make no representations about the safety or quality of these activities and events, or the standard of the independent operator running it. Activities may include, but are not limited to, vehicle/boat/aircraft trips, walking or guided trips, surfing, fishing, hiking, swimming, zip lining, and parasailing. Events may include, but are not limited to, local festivals, concerts, and organized events. You understand and agree that any assistance given by Cheema’s NYC, LLC & Cheema’s Travel trip leader or staff to help arrange these optional activities is done in good faith and without any representations or warranties of any kind. Cheema’s NYC, LLC & Cheema’s Travel does not sponsor or endorse these activities or events, nor can Cheema’s NYC, LLC & Cheema’s Travel be held liable for any injury or illness resulting from your participation. If you decide to participate in these events, you do so voluntarily and should take precautions to ensure your own safety and you will arrange for payment directly with the supplier or independent operators of such activities, event or service.

Discounts and Promotions

All discounts and reduced pricing are offered and or applied at Cheema’s NYC, LLC & Cheema’s Travel sole discretion. From time-to-time, we may offer reduced pricing on selected trips. The reduced pricing applies strictly to new bookings only. Bookings for which the Traveler has already paid a deposit are locked into their original price and are not entitled to the reduced pricing.

Pre-Departure Documentation

It is important that you carefully read all trip-related documents that you receive from us as soon as you receive them. It is your responsibility to contact us if any information is incorrect. We are not responsible for any errors in documentation if you fail to notify us of any inaccuracies within 10 days of your receipt of those documents. This agreement, our liability waiver, and, if required, a medical statement or certification must be signed and submitted by you in order to travel with us. If we do not receive these signed documents from you prior to departure, we reserve the right to treat your booking as cancelled by you and impose the cancellation fees described in this agreement.

Passports and Visas

You are responsible for ensuring that all necessary travel documents are valid and effective and in your possession for the entire trip. Valid passports are required for travel to most destinations. Please check with the appropriate consulate or embassy for the latest entry requirements. You assume complete and full responsibility for, and hereby release Cheema’s NYC, LLC & Cheema’s Travel from any duty of, checking and verifying any and all passport, visa, vaccination, or other entry requirements of each destination, and all safety or security conditions at such destinations. Any information provided to you is merely provided as a courtesy and it is your sole responsibility to ensure you have met all travel requirements for each destination in your itinerary.

Cheema’s NYC, LLC & Cheema’s Travel is not responsible for delays, changes, or cancellation costs due to incorrect, incomplete or expired traveler documents. In the event that you must cancel, delay or reschedule your trip due to expired or missing travel documentation, you are responsible for all associated costs to rectify the situation. If you are unable to join your trip, you will not be reimbursed or refunded any amounts as per the cancellation terms listed in this document. 

Health and Medical

You represent that neither you nor the Child (if applicable) do not have any condition, physical or mental, that would create a hazard for you or other Travelers or affect other people’s enjoyment of the trip. If you have a physical condition, dietary restrictions, or other conditions (pre-existing medical) that will require special attention during the trip, you must inform us in writing when the booking is made. We may require a medical certificate stating that you are medically cleared for to the destination(s) and/or that you are able to participate in all aspects of your trip itinerary..

Cheema’s NYC, LLC & Cheema’s Travel strongly recommends that you check with the U.S. Centers for Disease Control and Prevention, or similar entity in your country, for up-to-date, destination-specific information related to food and water safety, infectious diseases, and other concerns. At your own cost and expense, you will meet with your doctor at least 8 weeks prior to your trip departure and obtain any and all vaccinations, inoculations, or prescribed medications as directed by your doctor and/or travel clinic for the areas visited, and provide written documentation thereof upon request and as needed for travel documentation.

In the event any medical care is administered to you during the Program, Cheema’s NYC, LLC & Cheema’s Travel assumes no responsibility for any such medical care provided to you. You are solely responsible for any and all costs of medical care and related transportation, if any, that are provided to you during the Program. 

Cheema’s NYC, LLC & Cheema’s Travel does not tolerate drug use of any kind during our Programs and strongly encourages responsible alcohol consumption. This policy is in place for your safety and those traveling with you. Cheema’s NYC, LLC & Cheema’s Travel reserves the right, at your sole expense, to deny participation in an activity or in the remainder of any trip itinerary if you illegally use drugs, alcohol or other banned substances during a Program. We want you to have fun and encourage you to take advantage of the local culture, but Cheema’s NYC, LLC & Cheema’s Travel emphasizes safety as a top priority.

Baggage

You are allowed to bring one piece of baggage weighing up to 50 lbs. (23 kg) and one additional medium/small-sized “day pack” on the trip. If you need to bring additional baggage, you are responsible for requesting approval from Cheema’s NYC, LLC & Cheema’s Travel before your trip begins. Unless you receive such written approval, your request to bring additional baggage is deemed denied. We are not responsible for and you are solely responsible for securing or protecting your baggage or belongings at any time during any trip.

Photography and Images Release

Cheema’s NYC, LLC & Cheema’s Travel will own the rights to the images we take, photos and videos and any other copyrightable content that we take or creates during your Program (“Images”). You acknowledge that because Cheema’s NYC, LLC & Cheema’s Travel will own the rights to the Images we create during your trip, you cannot sell, transfer, assign, otherwise reproduce any of the Images that Cheema’s NYC, LLC & Cheema’s Travel creates or shares with you or use it commercially.

You also acknowledge and agree that Cheema’s NYC, LLC & Cheema’s Travel, your trip host or other parties, including but not limited to Third Party Suppliers and other Travelers, may take or create images, photos, sound recordings and videos in any format that may feature you or that may contain your name, likeness, identity, photographic image, videographic image or oral or recorded statements (collectively, “Trip Images of You”).

You hereby grant Cheema’s NYC, LLC & Cheema’s Travel, and others Cheema’s NYC, LLC & Cheema’s Travel may authorize (including but not limited to Cheema’s NYC, LLC & Cheema’s Travel’s licensees, partners or Third Party Suppliers), a worldwide, royalty-free and free of charge, perpetual license to use, re-use, distribute, display, create derivate works of, and reproduce the Images and the Trip Images of You as well as any images, photos, or videos that you provide to us (whether directly or through a photo sharing service) (collectively, “Your Images”) in any medium or format now in existence or hereafter developed (including but not limited to print, digital and electronic media), for any purpose at any time,  including to promote and publicize Cheema’s NYC, LLC & Cheema’s Travel’s travel products and services worldwide.

Notwithstanding the above, we and our Third Party Suppliers agree not to sell or give permission to Third Parties to sell or license the Images or the Trip Images of You for commercial or merchandising purposes, other than as set forth in this agreement, without your prior written consent.

Complaints and Claims

If you have any issues or questions during your trip, promptly notify us or your host or guide so that we can try to address them.

After completion of your trip, if you wish to make a claim, submit a complaint, or request reimbursement  for any reason, you must do so email within 30 days after the trip’s completion. Any and all supporting documentation to the claim or complaint must accompany the email. Any claim or complaint received by Cheema’s NYC, LLC & Cheema’s Travel after this deadline will not be accepted or reviewed. Send emails to us at rcheema@tzell.com.

Limits on Responsibility

At no point, and under no circumstances, are we responsible for payments or costs relating to external services such as flights, accommodations, services, car service, or any other part of travel that was booked and paid for externally to Cheema’s NYC, LLC & Cheema’s Travel. We are not obligated to alter any trip itinerary or suspend a trip’s commencement for any reason that prevents you from joining a trip as planned.

Travel Advisories & Warnings

You must conduct your own research and become informed about the destinations in your trip itinerary, including knowledge about  any travel advisories and warnings issued by government authorities in your country. In the U.S., you must consult the U.S. State Department’s website at www.travel.state.gov or contact them by phone at the number specified on their website. You are responsible for protecting your own well-being and personal property before, during, and after your Cheema’s NYC, LLC & Cheema’s Travel trip. This includes ensuring any and all vaccinations, inoculations, or prescribed medications are taken as directed by your local doctor and/or travel clinic for the areas visited.

Personal Responsibility

You are responsible for purchasing the style of trip that fits your desired comfort level and participating in activities that are suitable for your fitness level and capabilities. By making a booking, you acknowledge that Cheema’s NYC, LLC & Cheema’s Travel’s trips are adventurous by nature and may involve a significant amount of personal risk.

Cultural Differences and Drug Policy

It is acknowledged and understood that traveling to international destinations will expose travelers to unique situations and experiences that are different than those you are familiar with in your home country. These differences enhance the experience and adventure of your trip, and typically involve cultural and social aspects of the region such as food, drink, attire, and local laws. Cheema’s NYC, LLC & Cheema’s Travel and your guide or host will discuss these differences during your trip, but you also have a responsibility to perform your own research and act responsibly while traveling. Cheema’s NYC, LLC & Cheema’s Travel does not tolerate drug use of any kind during our trips and strongly encourages responsible alcohol consumption. This policy is in place for your safety and those traveling with you. We want you to have fun and encourage you to take advantage of the local culture, but we emphasizes safety as a top priority.

Applicable Law, Choice of Forum, and Severability

You agree that this agreement shall be interpreted according to the laws of New York in the United States. Jurisdiction over any dispute arising out of, in connection with, or relating to this agreement and/or the transactions and relationships among the parties contemplated by this agreement shall be filed exclusively in federal or superior court in New York. You agree to personal jurisdiction in the specified forum. If any portion of this agreement is determined by a court to be null and void, the remaining portions of this agreement shall nevertheless remain valid and binding upon the parties. You also agree that this agreement is intended to be as broad and inclusive as permitted under applicable law. You agree that if any portion of this agreement is found to be void or unenforceable, the remaining provisions shall remain in full force and effect.

Limitation of Remedies

You agree that the sole remedy for any default by Cheema’s NYC, LLC & Cheema’s Travel arising under this agreement shall be the return of the paid trip cost, to the extent consistent with applicable law. To the maximum extent permitted under applicable law, Cheema’s NYC, LLC & Cheema’s Travel shall not be liable for any special, consequential, indirect, incidental or other damages arising out of or in any way connected to this agreement, including lost profits, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Cheema’s NYC, LLC & Cheema’s Travel has been advised of the possibility of such damages. You expressly waive any right you may have to recover such damages.

Merger

This agreement is the final, complete and exclusive statement of the parties’ agreement on the matters contained in this agreement. It supersedes all previous negotiations and conditions that apply to the trip and services provided by Cheema’s NYC, LLC & Cheema’s Travel


PRODUCT DESCRIPTION

We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

OUR INTELLECTUAL PROPERTY

The Site and Service contain intellectual property owned by Rani Cheema, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

CHANGED TERMS

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGE S ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, RANI CHEEMA IS NOT LIABLE FOR DAMAGE S IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF RANI CHEEMA HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. 

THIRD PARTY RESOURCES

The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Rani Cheema. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

EFFECT OF HEADINGS

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

Entire Agreement; Waiver

This Agreement constitutes the entire agreement between you and cheemas.nyc pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us.

No waiver of any of the provisions of this Agreement by cheemas.nyc shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by cheemas.nyc.

Notices

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows: cheema@tzell.com

Governing Law; Venue; Mediation

This Agreement shall be construed in accordance with, and governed by, the laws of the State of [insert your state] as applied to contracts that are executed and performed entirely in New York. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be New York, NY. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution 3 or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

Recovery of Litigation Expenses

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Severability

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Assignment

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.

Updated: January 2019