The Deep Indian Kitchen group of companies as defined below (the “Deep Indian Kitchen Group”) owns and/or operates various websites, mobile applications, social media, and social media accounts and pages (collectively, the “Deep Indian Kitchen Websites”).  Your use of Deep Indian Kitchen Websites, including without limitation, Deep Indian Kitchen Websites which link to this agreement (“Agreement” or “Terms of Use”), is conditioned on your agreeing to these Terms of Use.

1. Binding Agreement.  You agree to be bound by these Terms of Use.  Your access to and use of any of the Deep Indian Kitchen Websites and any services offered or provided by or through any Deep Indian Kitchen Websites (“Services”) and any products offered or provided by or through Deep Indian Kitchen Websites (“Products), are subject to this Terms of Use.  If you do not agree to these Terms of Use, do not access or use Deep Indian Kitchen Websites.  These Terms of Use are subject to change from time to time, without notice, by updating or revising these Terms of Use.  You are responsible for reviewing the Web Site for any modifications to these Terms of Use, including the Privacy Policy (see Paragraph No. 6 below), that may affect your rights or obligations. Any access or use after changes to these Terms of Use will constitute acceptance of the revised Terms of Use.  In addition, specific pages on Deep Indian Kitchen Websites may set out additional Terms of Use, all of which are incorporated by reference into these Terms of Use.  In the case of inconsistencies between these Terms of Use and information included in off-line materials (for example, promotional materials and mailers) as to the Services and Products, these Terms of Use will control. You should periodically check these online Terms of Use page to make sure you are up to date.

2. Definition of Deep Indian Kitchen Group.  “Deep Indian Kitchen Group”, in the plural, and a “Deep Indian Kitchen Group Company”, in the singular, means Deep Foods Inc. and any and all of its related and affiliated companies and entities, including without limitation, subsidiaries, parents, and entities that have common or partial common ownership with the ownership of Deep Foods Inc.

3. Persons Under 13 Not Allowed; Persons under 18. You must be 13 years of age or older to use Deep Indian Kitchen Websites, so if you are under age 13 then please do not use the Deep Indian Kitchen Websites – there are lots of other great websites for you (please talk to your parents about what sites are appropriate for you).If you are under 18, you may only use the Deep Indian Kitchen Websites with the involvement of a parent or guardian.

4. Inappropriate Content.  While the Deep Indian Kitchen Group appreciates comments and feedback from the users of Deep Indian Kitchen Websites and with respect to the services and products provided by the businesses owned or operated by the Deep Indian Kitchen Group, you shall not post or otherwise publish inappropriate content (“Inappropriate Content”) on Deep Indian Kitchen Websites.  Inappropriate Content includes, without limitation:

1. Content which is abusive, pornographic, obscene, offensive, false, deceptive, misleading, defamatory, derogatory, disparaging or otherwise inappropriate;
2. Copyrighted material used without the express permission of the owner;
3. Material which violates or infringes on the rights of others, including without limitation, the intellectual property rights of any person or entity, including without limitation, as to any copyright, trademark, patent or trade secret;
4. Material which contains viruses, worms, corrupt files, Trojan horses and other forms of corruptive code, or any other content which may compromise the Service;
5. Content which advocates illegal activity;
6. Content that harms anyone, including minors; or
7. Content that provides a link to or refers to any website containing any of the above.

Any Deep Indian Kitchen Group Company, at its sole discretion, may delete, remove, discard, block, take down, eliminate, or otherwise prohibit the use, access, publication, display or performance of any content which it determines, in its sole discretion, to be such Inappropriate Content. The Deep Indian Kitchen Group, and any Deep Indian Kitchen Group Company, have the sole discretion to determine whether content is Inappropriate Content, and any content submitted to any Deep Indian Kitchen Websites may be subject to inspection prior to posting or publication for being Inappropriate Content.  The Deep Indian Kitchen Group are not obligated to review any or all content submitted or transmitted to it.  The Deep Indian Kitchen Group may, at their sole discretion, delete, remove, edit materials or content for any reason, at any time, without notice.   By viewing a Deep Indian Kitchen Website you may be exposed to material or content that you consider to be offensive or inappropriate. You take sole responsibility for such exposure.

5. Privacy Policy.  We respect the privacy of your information and the Deep Indian Kitchen Group has taken specific steps to protect it.  These Terms of Use incorporate by reference our privacy policy (the “Privacy Policy”), the link for which is at the bottom of this webpage.

6. Providing Information.  Deep Indian Kitchen Websites may advertise, market, promote or sell products and services available at or through restaurants and other establishments owned or operated by the Deep Indian Kitchen Group or their franchisees, including without limitation, menus.  Deep Indian Kitchen Group and their franchisees may discontinue or change the services or products, and may change prices without prior notice, and without such discontinuances or changes being reflected on Deep Indian Kitchen Websites. Such menu items, services and products are offered only while supplies last.  Inadvertent errors in advertised description of products, services and prices are not binding on the Deep Indian Kitchen Group.

7. User Submitted Ideas, Suggestions or Content.   Certain areas of the Services may enable you to submit remarks, ideas, suggestions, images, photos, suggestions, graphics, and/or other materials and content (“Submitted Content”). By posting, displaying, publishing, or otherwise submitting Submitted Content on or through the Services or on anyDeep Indian Kitchen Websites, you understand and acknowledge that any materials, ideas, or other communications you transmit will not be treated as confidential or proprietary. Furthermore, such Submitted Content will forever be the property of Deep Indian Kitchen Group and Deep Indian Kitchen Group is entitled to use the Submitted Content for any commercial or other purpose whatsoever without compensation to you, and you hereby grant Deep Indian Kitchen Group and its service providers, a world-wide, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of and distribute your Submitted Content.You represent and warrant to the Deep Indian Kitchen Group that you either own your content or have written permission from the copyright owner to make such content available to the Service or to grant these rights to Deep Indian Kitchen Group.  You also represent and warrant that your use of the content and the transmitting of the content to Deep Indian Kitchen Group does not violate the rights of any person whose name or likeness appears on or in the content. You shall not post to, publish on, submit to, upload to or otherwise transmit to Deep Indian Kitchen Group, Deep Indian Kitchen Websites, or any social media or social media account which is owned or operated by Deep Indian Kitchen Group, any content for which you do not have the legal right to do so or for which you do not have the legal right to use.  You are solely responsible for any violations as to copyright law, or laws with respect to right of publicity or right of privacy regarding your use, duplication, distribution, display, performance, publication or uploading or transmittal of any content in connection with Deep Indian Kitchen Websites, or social media or social media accounts owned or operated by the Deep Indian Kitchen Group.

8. Links.  Hypertext links are provided as a service to users and are not necessarily sponsored by or affiliated with the Services or the Deep Indian Kitchen Group. The Deep Indian Kitchen Group has not necessarily reviewed the sites hyperlinked to or from the Services or the Deep Indian Kitchen Websites and is not responsible for the availability, content, security, policies or practices of any linked sites, including without limitation, the accuracy of content on linked sites and the privacy policies and practices of linked sites.  Deep Indian Kitchen Group has no responsibility for the third-party websites.  The information and content contained on any other websites do not necessarily reflect the views of the Deep Indian Kitchen Group.  Such links are provided solely for the convenience of the users of Deep Indian Kitchen Websites and should not be considered as endorsing such websites, the owners or operator of such websites or the information contained on such websites, and does not constitute sponsorship, or approval by Deep Indian Kitchen Group of the content, policies or practices of such linked websites

9. No Commercial Use. You will not (i) reproduce, duplicate, copy, sell, resell or exploit any part of Deep Indian Kitchen Websites or the Services or Products, and (ii) use or access Deep Indian Kitchen Websites, Services or Products for any commercial purpose.  Your use of Deep Indian Kitchen Websites as well as the Services and Products, are for your own personal use.

10. Termination.  Deep Indian Kitchen Group may, in its sole discretion, terminate or restrict (i) your right to use Deep Indian Kitchen Websites and may delete, remove and/or discard any content at any time, without notice, for any reason, including, without limitation, for (a) conduct that violates these Terms of Use, or policies, rules or guidelines set forth by Deep Indian Kitchen Group on Deep Indian Kitchen Websites, or social media or social media accounts owned or operated by Deep Indian Kitchen Group or their franchisees, or (b) conduct Deep Indian Kitchen Group believes is harmful to any Deep Indian Kitchen Group Company, the business of any Deep Indian Kitchen Group Company, or franchisees of any Deep Indian Kitchen Group Company.  Deep Indian Kitchen Group will not be liable to you or any third-party for any termination or restriction of your or access to any Deep Indian Kitchen Websites or social media.

11. Trademarks.

1. Nothing contained on any Deep Indian Kitchen Websites should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark belonging to any Deep Indian Kitchen Group Company (a “Deep Indian Kitchen Trademark”), including without limitation any, Deep Indian Kitchen Trademark displayed on Deep Indian Kitchen Websites. Deep Indian Kitchen Trademarks may not be used without the express written consent of the Deep Indian Kitchen Group Company that owns the trademark or service mark.

2. Deep Indian Kitchen Group has numerous trademarks, many of which are registered with the United States Patent and Trademark Office, as well as with foreign governments.  Deep Indian Kitchen Group will aggressively enforce their intellectual property rights, including without limitation, infringement of their trademarks and copyrights to the fullest extent of the law.

12. Copyright; Rights of Publicity; Personal Use.

1. The copyright in the materials and other content, including without limitation, images and videos (“Material) on any Deep Indian Kitchen Websites, are owned by or licensed to one or more Deep Indian Kitchen Group Company.  You are authorized to use this Material only for personal, non-commercial purposes. You may copy, download, print and store this Material for your own personal non-commercial use.  Images or video of people or places displayed on Deep Indian Kitchen Websites may be property of, or used with permission by a Deep Indian Kitchen Group Company, and the use of such images or videos which are the property of any Deep Indian Kitchen Group Company or used with permission by a Deep Indian Kitchen Group Company by you, or anyone authorized by you, is prohibited except as permitted above in this Section for your own personal use, or as consented in a signed writing by a Deep Indian Kitchen Group Company.  Any unauthorized use of the Material may violate copyright laws, trademark laws, rights of privacy or publicity, and communications regulations and statutes.

2. Any Deep Indian Kitchen Group Company’s rights in works of authorship, including without limitation, their works or content appearing on Deep Indian Kitchen Websites and incorporated in any design trademarks, are protected by copyright laws of the United States, including without limitation, protection against the unauthorized copying, distributing, displaying, performing and making derivative works, as well as by international laws and treaties, where applicable. Deep Indian Kitchen Trademarks and content belonging to any Deep Indian Kitchen Group Company may not be copied or used without the express written permission of that Deep Indian Kitchen Group Company, or otherwise permitted by the preceding paragraph.

3. Users of Deep Indian Kitchen Websites are prohibited from modifying, publishing, transmitting, displaying, participating in the transfer or sale, creating derivative works, or in any way exploiting, any of the content of anyDeep Indian Kitchen Websites, in whole or in part, except for your own personal non-commercial use as set forth above in subsection a.

4. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of any content or material on any Deep Indian Kitchen Websites is permitted without the express written permission of the Deep Indian Kitchen Group Company holding the copyright.  In the event that permission is granted by the appropriate Deep Indian Kitchen Group Company, no changes in or deletion of author attribution, trademark notice and copyright notice shall be made.

5. Users of Deep Indian Kitchen Websites who are granted permission to copy, redistribute or publish any of the copyrighted material acknowledge and agree that they do not acquire any ownership rights by downloading copyrighted material.

6. You acknowledge that the use of the Deep Indian Kitchen Trademarks, or content or material belonging to the Deep Indian Kitchen Group without the permission of a Deep Indian Kitchen Group Company or in violation of this Agreement will likely cause immediate and irreparable harm to one or more Deep Indian Kitchen Group Company, and that the resulting injury and damage would not be capable of compensation by an award of money damages.  Accordingly, you further acknowledge that any Deep Indian Kitchen Group Company affected by such use would be entitled to an injunction from any court of competent jurisdiction to prevent the infringement or violation of the intellectual property rights of that Deep Indian Kitchen Group Company or further violation of this Agreement, including without limitation, temporary, preliminary and permanent injunctive relief.  Such rights to injunctive relief shall be cumulative and in addition to, and not in limitation of, any other rights or remedies that any affected Deep Indian Kitchen Group Company may have at law or in equity.

13. DMCA Copyright Claim Notice.  If you believe that your work or the work of another has been copied or used on any Deep Indian Kitchen Websites in a way that constitutes copyright infringement, the Deep Indian Kitchen Group will respond to your concerns following receipt from you of a written notification given in accordance with the following Digital Millennium Copyright Act Copyright Agent Notice:

This notice is provided in accordance with the Digital Millennium Copyright Act.   If you believe your copyright has been infringed in connection with Deep Indian Kitchen Websites or the services provided on or through any Deep Indian Kitchen Websites, then provide Deep Indian Kitchen Group with the following information in a written notice:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and e-mail address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Claims of copyright infringement by any Deep Indian Kitchen Group Company should be addressed to:

Deep Foods Inc.
1090 Springfield Road
Union, NJ 07083

Attn:  General Counsel

Or e-mail claims of infringement to: contact@deepindiankitchen.com.

14. Disclaimer of Warranty.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, DEEP INDIAN KITCHEN GROUP AND EACH DEEP INDIAN KITCHEN GROUP COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DEEP INDIAN KITCHEN GROUP AND EACH DEEP INDIAN KITCHEN GROUP COMPANY MAKES NO WARRANTY THAT DEEP INDIAN KITCHEN WEBSITES, OR SOCIAL MEDIA OR SOCIAL MEDIA ACCOUNTS OWNED OR OPERATED BY DEEP INDIAN KITCHEN GROUP OR ANY DEEP INDIAN KITCHEN GROUP COMPANY, OR THE PRODUCTS OR SERVICES PROVIDED THROUGH DEEP INDIAN KITCHEN WEBSITES OR BY ANY DEEP INDIAN KITCHEN GROUP COMPANY, INCLUDING WITHOUT LIMITATION, ANY CONTENT, ANY DOWNLOADED OR UPLOADED CONTENT, SOFTWARE OR INFORMATION, (I) WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (II) WILL BE FREE OF VIRUSES WORMS, OR TROJAN HORSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) CONTAIN ACCURATE INFORMATION.  DEEP INDIAN KITCHEN GROUP AND EACH DEEP INDIAN KITCHEN GROUP COMPANY MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, PRODUCTS OR SERVICES THAT ARE PURCHASED, ACCESSED, OR OBTAINED THROUGH ANY DEEP INDIAN KITCHEN WEBSITES, SOCIAL MEDIA OR SOCIAL MEDIA ACCOUNTS OR THAT ARE ADVERTISED ON ANY DEEP INDIAN KITCHEN WEBSITES, SOCIAL MEDIA OR SOCIAL MEDIA ACCOUNTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED FROM ANY DEEP INDIAN KITCHEN GROUP COMPANY BY OR THROUGH THE USE OF DEEP INDIAN KITCHEN WEBSITES, SOCIAL MEDIA OR SOCIAL MEDIA ACCOUNTS OWNED OR OPERATED BY ANY DEEP INDIAN KITCHEN GROUP COMPANY, OR RELATED PRODUCTS OR SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. DEEP INDIAN KITCHEN WEBSITES, THE SOCIAL MEDIA AND SOCIAL MEDIA ACCOUNTS OWNED OR OPERATED BY ANY DEEP INDIAN KITCHEN GROUP COMPANY, THE PRODUCTS AND THE SERVICES PROVIDED BY OR THROUGH ANY DEEP INDIAN KITCHEN WEBSITES, SOCIAL MEDIA OR SOCIAL MEDIA ACCOUNTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”.

15. Limitation of Liability and Exclusion of Damages.

TO THE TO THE FULLEST EXTENT PERMITTED UNDER LAW, DEEP INDIAN KITCHEN GROUP AND EACH DEEP INDIAN KITCHEN GROUP COMPANY’S RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS (COLLECTIVELY “DEEP INDIAN KITCHEN GROUP AGENTS”) SHALL HAVE NO OBLIGATION OR LIABILITY, WHETHER ARISING IN CONTRACT OR TORT, FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LIABILITIES, LOSS OF GOOD WILL OR BUSINESS PROFITS, WORK STOPPAGE, DATA LOSS, COMPUTER FAILURE OR MALFUNCTION, ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSS, OR EXEMPLARY DAMAGES OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO YOUR USE OF DEEP INDIAN KITCHEN WEBSITES, SERVICES OR PRODUCTS, EVEN IF DEEP INDIAN KITCHEN GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR OF ANY LIMITED REMEDY. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE DEEP INDIAN KITCHEN WEBSITES, SERVICES OR PRODUCTS, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE DEEP INDIAN KITCHEN WEBSITES, PRODUCTS OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITIES OR EXCLUSION OF DAMAGES, SO ALL OR PART OF THE ABOVE-LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

16. Severability of Provisions.

IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT EACH AND EVERY PROVISION OF THIS AGREEMENT WHICH PROVIDES FOR DISCLAIMER OF WARRANTIES OR LIMITATION OF LIABILITIES OR EXCLUSION OF DAMAGES IS INTENDED BY THE PARTIES TO BE SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISION AND TO BE ENFORCED AS SUCH, TO THE FULLEST EXTENT PERMITTED BY LAW.

17. Indemnification.

YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS EACH DEEP INDIAN KITCHEN GROUP COMPANY AND ALL DEEP INDIAN KITCHEN GROUP AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM (1) ANY VIOLATION OF THESE TERMS OF USE OR YOUR CONDUCT, INCLUDING WITHOUT LIMITATION, YOUR NEGLIGENT OR WRONGFUL CONDUCT, OR (2) ANY CLAIM BY A THIRD PARTY FOR VIOLATION OR INFRINGEMENT OF HIS, HER OR ITS RIGHTS ARISING OUT OF OR IN CONNECTION WITH ANY CONTENT YOU PROVIDED TO ANY DEEP INDIAN KITCHEN GROUP COMPANY, INCLUDING WITHOUT LIMITATION, COPYRIGHT, TRADEMARK, TRADE SECRET, PATENT, RIGHT OF PUBLICITY, RIGHT OF PRIVACY, DEFAMATION, OR DISPARAGEMENT.

18. No Offer of Franchise. Nothing contained on any Deep Indian Kitchen Websites is intended as being an offer, including without limitation, an offer to purchase a franchise or to become a franchisee.

19. Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read these Arbitration Agreement terms carefully. They are part of your Terms of Use and affect your rights. They contains procedures for MANDATORY BINDING ARBITRATION, A CLASS ACTION WAIVER AND A WAIVER OF TRIAL BY JURY.

a.   Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Terms of Use or the use of any Products or Services provided by any Deep Indian Kitchen Group Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and each Deep Indian Kitchen Group Company, and to any of their subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Services or Products provided under the Terms of Use.

b.   Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Deep Indian Kitchen Group or any Deep Indian Kitchen Group Company should be sent to: 1090 Springfield Road, Union, New Jersey 07083, Attn: General Counsel. After the Notice is received, you and Deep Indian Kitchen Group may attempt to resolve the claim or dispute informally. If you and Deep Indian Kitchen Group do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

c.   Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with this Terms of Use. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider.

d. Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.

e. Time Limits. If you or a Deep Indian Kitchen Group Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

f. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and any Deep Indian Kitchen Group Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms of Use. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and each Deep Indian Kitchen Group Company that is a party.

g. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and a Deep Indian Kitchen Group Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND EACH DEEP INDIAN KITCHEN GROUP COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

h. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

i.   Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

j.    Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

k. Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or effect any other portion of this Arbitration Agreement.

l. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with the Deep Indian Kitchen Group.

m. Small Claims Court. Notwithstanding the foregoing, either you or any Deep Indian Kitchen Group Company may bring an individual action in small claims court.

n. Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

o. Claims Not Subject To Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this Arbitration Agreement.

20. GENERAL

1. Choice of Law; Forum. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court you agree to submit to the jurisdiction of state courts located within the State of New Jersey, Union County and the federal courts located within the State of New Jersey, Newark vicinage, and agree that any cause of action against any Deep Indian Kitchen Group Company must be brought in these courts and venues unless otherwise required by law.  You also agree that this Agreement shall be governed by and construed under the laws of the State of New Jersey without reference to its conflicts of law principles.  In the event of any conflicts between foreign nation’s law, rules, and regulations, and United States of America law, rules, and regulations, then United States of America law, rules, and regulations shall prevail and govern.

2. Modification of Terms.  Deep Indian Kitchen Group reserves the right to amend these Terms of Use at any time, for any reason, and without notice, including, without limitation, the right to terminate the Services or any part of the Services.

3. Entire Agreement.   These Terms of Use constitute the entire agreement between you and Deep Indian Kitchen Group governing your use of the Deep Indian Kitchen Websites. In the case of inconsistencies between these Terms of Use and any information included in off-line materials (for example, promotional materials and mailers) concerning the Deep Indian Kitchen Websites, these Terms of Use will always control.

4. No Waiver.   The failure of any Deep Indian Kitchen Group Company to exercise or enforce any provision of these Terms of Use will not constitute a waiver of such provision.

5. Severability.    If any provision of the Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms of Use will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

6. Assignment. This Terms of Use, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Deep Indian Kitchen Group’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

7. Force Majeure. Deep Indian Kitchen Group shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

8. INFORMATION ON DEEP INDIAN KITCHEN WEBSITES, INCLUDING WITHOUT LIMITATION THESE TERMS OF USE, IS SUBJECT TO CHANGE WITHOUT NOTICE.  USERS ARE RESPONSIBLE TO RE-VISIT DEEP INDIAN KITCHEN WEBSITES TO KEEP APPRISED OF CHANGES, INCLUDING WITHOUT LIMITATION, TO THESE TERMS OF USE.