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Monday to Friday

(317) 709-2382

jessica@indyathome.com

TERMS OF SERVICE

These Terms of Service (“Terms”) are a LEGAL and BINDING AGREEMENT between you and Indy at Home, LLC (“Indy at Home”). Please review these Terms fully before you access and/or use Indy at Home’s website, located at http://www.indyathome.com (“Website”), Indy at Home’s application (the “App”), and any of Indy at Home’s social media sites (“Social Media Sites”). As used in these Terms, the word “Sites” shall include Indy at Home’s Website, App and Social Media Sites. By accessing and/or using any of Indy at Home’s Sites, you agree to be bound by these Terms. You are also bound to any additional terms, conditions and disclaimers that may be posted with respect to individual sections of any of the Sites. The additional terms and conditions include, without limitation, Indy at Home’s Privacy Policy (the “Privacy Policy”) and Return and Change Order Policy (“Return Policy”).

If you do not agree to these Terms, you are directed to discontinue accessing and using the Sites. Please note that this or any part of these Terms may be changed or updated by Indy at Home from time to time without prior notice to you. Your continued access or use of the Sites after such changes or updates indicates your acceptance of the Terms as changed or updated. It is your responsibility to review these Terms regularly. These Terms were last updated on August 25, 2016.

Content of the Indy at Home Sites

The Sites, including their operating source codes, are owned and operated by Indy at Home. All of the information and content that is featured, displayed, or contained on any of Indy at Home’s Sites, such as posts and narratives, software codes, and all other information in any and every format now existing or that may be created in the future, including without limitation text, graphic designs, still images, videos, audio, and multimedia (collectively, the “Content”) is owned or licensed by Indy at Home.

The words “User Content”, as used in these Terms, refers to Content that you, or any other user of the Sites, posts, submits, or otherwise transmits to any of the Sites.

Your access to and use of Indy at Home’s Sites, all Content and all User Content, and the marketing and sale of products and services of Indy at Home, are also subject to all applicable laws and regulations.

If you are dissatisfied with any of the Content or User Content contained in Indy at Home’s Sites, or with the quality of the products or services marketed and/or sold by Indy at Home, or with these Terms or the Privacy Policy, your sole and exclusive remedy is to discontinue accessing and using Indy at Home’s Sites immediately.

Copyright and Trademark Ownership

Indy at Home’s Sites, and all Content contained on Indy at Home’s Sites, are protected by United States copyright and trademark law and other applicable laws. All copyrights and trademarks which are not the property of Indy at Home that are used or referred to in Indy at Home’s Sites are the property of their owners. Unless otherwise indicated therein, nothing contained in Indy at Home’s Sites will be construed as granting any license or any other rights to any copyright, trademark, patent, or other property of Indy at Home or any third party, whether by implication, laches, estoppel, explicit grant, or otherwise. The Content is proprietary. Any unauthorized use of Content or other materials on Indy at Home’s Sites may violate applicable laws, and shall be a violation of these Terms, and may violate the terms of Indy at Home’s Social Media Sites.

You are solely responsible for any and all acts and omissions that occur during or relating to your access and/or use of Indy at Home’s Sites. You agree not to access or use any of Indy at Home’s Sites in any way that is unacceptable or illegal (as determined by Indy at Home in its sole discretion). Specifically and without limitation, you agree not to do any of the following things:

  1. Post or transmit material that may be abusive, obscene, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious, or any Content that is unlawful, is intended to be used for any unlawful purpose, is false or misleading, or that actually or potentially infringes the copyright, trademark, patent, trade secret or other right of any person, including Indy at Home.
  2. Modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Sites or their source codes.
  3. Remove any copyright, trademark, or other proprietary rights notices contained in Indy at Home’s Sites, or embedded in or attached to any Content.
  4. Create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication.
  5. Post or transmit “spam,” unsolicited email or text messages, or any other unsolicited commercial communication.
  6. Express or imply that any statements you make are endorsed by Indy at Home.
  7. “Hack” or deface any portion of any of Indy at Home’s Sites.
  8. Interfere with, disrupt, or attempt to gain unauthorized access to other user accounts on any of Indy at Home’s Sites or any other computer network.
  9. Post or transmit viruses, Trojan horses, worms, defects, date bombs, time bombs, or other items of a destructive nature or any other malicious computer codes, scripts, applications, or programs (collectively, a “Virus”).
  10. Restrict or inhibit any other user from using or accessing any of Indy at Home’s Sites.
  11. Engage in any other activity deemed by Indy at Home (in its sole discretion) to be in conflict with the spirit or intent of these Terms, the Privacy Policy, or applicable laws.
  12. Reproduce, distribute, modify, sell, license, or re-post any Content on websites or computer networks, other than Indy at Home’s Sites.
  13. Frame or mirror any portion of any of Indy at Home’s Sites on any other website or computer network.
  14. Engage in data extraction or data-mining.
  15. Transfer or store any Content residing or exchanged over any of Indy at Home’s Sites in any electronic network, including without limitation a peer-to-peer network, for use by more than one user.
  16. Collect or use any information about other users of any of Indy at Home’s Sites, whether the information is personally identifiable or de-identified and aggregated with information concerning other users of the Sites.

By accessing and using any of Indy at Home’s Sites, including any User Content that you submit to Indy at Home in connection with same, including without limitation your name, telephone number, email address, or other information, you agree as follows:

  1. You warrant that you own the right to utilize, to license, and to sublicense such User Content.
  2. None of the User Content will be subject to any obligation (whether of confidentiality, attribution, or otherwise) on the part of Indy at Home. Indy at Home shall not be liable whatsoever for any use or disclosure of any such User Content.
  3. You shall maintain any and all copyright or other proprietary notices embedded in or attached to any User Content.
  4. You shall assume full and sole responsibility for any User Content that you post or communications that you make to any of Indy at Home’s Sites.
  5. You hereby automatically and immediately assign to Indy at Home an exclusive, royalty-free, worldwide, perpetual license to any and all User Content for any and all purposes.

Copyrights and Copyright Agent

Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement on any of the Sites should be sent to Indy at Home’s designated agent. If you believe that your work has been used in a way that may constitute copyright infringement, you should furnish the following information by notice to Indy at Home’s designated agent:

  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 email 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; and
  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.

Indy at Home’s designated agent for notice of claims of copyright infringement on any of the Sites is its copyright agent, who may be reached as follows:

By Phone: (317)709-2382

By Email: info@indyathome.com

 

Disclaimer of Warranty; Limitation of Liability

The Sites, and all Content posted on any of the Sites, or delivered to you from, through, or via any of the Sites, is provided to you “as is” and, other than as expressly provided on the Sites, without any warranties of any kind, express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose by Indy at Home or any of its affiliates, principals, partners, employees, agents, or representatives. Indy at Home makes no representations whatsoever about the suitability of the information or Content contained on Indy at Home’s Sites for any purpose. You agree and understand that you must evaluate and bear all risks associated with accessing and using any of Indy at Home’s Sites, including those risks associated with reliance on the accuracy, thoroughness, or utility of any Content or User Content.

Indy at Home EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES THAT ARE MARKETED AND SOLD ON OR THROUGH Indy at Home’s SITES, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN AS EXPRESSLY PROVIDED ON THE SITES. You agree that Indy at Home’s maximum liability arising from any use of any of Indy at Home’s Sites under any circumstances will be limited to U.S. $100.00. (Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation or exclusion may not apply to you.)

IN NO EVENT WILL Indy at Home OR ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AFFILIATES OR OTHER REPRESENTATIVES BE LIABLE FOR SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER OR LOST OR ANTICIPATED PROFITS RELATED TO ANY INFORMATION OR CONTENT LOCATED ON, OR TRANSMITTED TO, THROUGH, OR FROM Indy at Home’s SITES; OR FOR ANY PRODUCT OR SERVICE MARKETED OR SOLD ON OR THROUGH Indy at Home’s SITES; OR FOR YOUR RELIANCE ON ANY INFORMATION, CONTENT OR USER CONTENT THAT IS LOCATED ON, OR TRANSMITTED TO, THROUGH, OR FROM Indy at Home’s SITES, WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE, TORT, EQUITY, OR ANY OTHER FORM OF RELIEF OR ACTION, OR WHETHER OR NOT ARISING OUT OF OR IN CONNECTION WITH THE USE OF INFORMATION OR CONTENT AVAILABLE FROM Indy at Home’s SITES, OR WHETHER OR NOTALLEGED TO HAVE BEEN CAUSED BY ERRORS OR OMISSIONS IN THE CONTENT OR OTHER INFORMATION CONTAINED WITHIN Indy at Home’s SITES.

Indy at Home expressly disclaims any responsibility or liability based upon or arising out of a violation of these Terms by any user of Indy at Home’s Sites.

Indy at Home is not responsible for any errors or omissions in postings on or submissions to Indy at Home’s Sites, including without limitation the Forum, or for any results obtained from the use of such Content, User Content or other information. Under no circumstances shall Indy at Home be liable for any loss or damage caused by your reliance on Content, User Content or other information obtained from or through Indy at Home’s Sites. Indy at Home strives to provide accurate information, but makes no claims, promises, representations, or guarantees about the accuracy, completeness, or adequacy of the Content, User Content or other information contained in or linked to or from Indy at Home’s Sites. Indy at Home therefore cannot and does not claim, promise, represent, or guarantee that any Content, User Content or other information is appropriate for any particular user.

In no event shall Indy at Home be liable for any damage to your computer hardware, software or network which may occur on account of your access to or use of Indy at Home’s Sites, or your downloading of Content or information from Indy at Home’s Sites, whether caused by a Virus or otherwise. Information contained on Indy at Home’s Sites may contain technical inaccuracies or typographical errors, for which Indy at Home expressly disclaims all liability.

The information contained on Indy at Home’s Sites may be changed at any time without any prior notification or obligation.

Indy at Home does not routinely monitor Indy at Home’s Sites or any Content, User Content or other information that is posted to its Sites by users. However, Indy at Home reserves the right to monitor Indy at Home’s Sites, and to edit, modify, or remove any Content, User Content, or other information that Indy at Home (in its sole discretion) considers to be inappropriate or unlawful. The exercise of such rights will not create an obligation for Indy at Home to monitor, edit, modify, or remove any Content, User Content or other information on its Sites.

Third Party Content

Indy at Home’s Sites may provide hyperlinks to other web pages, websites, links, social media sites and platforms, applications, and other resources that are available on the Internet (collectively, the “Third Party Content”). Indy at Home has no control over any Third Party Content that you access or use via such hyperlinks; Indy at Home does not endorse any Third Party Content; Indy at Home is not responsible for any Third Party Content or for the consequences of your access or use of any Third Party Content, or for any content, advertising, products, services, information or other materials on or available from such Third Party Content; and Indy at Home makes no covenants, warranties or representations whatsoever about any of the foregoing. All Third Party Content is provided as a convenience to our users only. Indy at Home does not endorse or accept any responsibility for any Third Party Content or your access or use of such Third Party Content. You acknowledge and agree that Indy at Home shall not be responsible or liable for any damage or loss caused or alleged to have been caused in connection with your use of or reliance on any Third Party Content, or any advertising, products, services, information or other materials that may be available on or through any such Third Party Content. It is your sole responsibility to take any necessary precautions to ensure that any Third Party Content that you may choose to access and use is safe, appropriate and does not contain any inaccuracies, Viruses, or other items of a destructive nature.

Use of Indy at Home’s Social Media Sites

Your use of Indy at Home’s Social Media Sites shall be subject to all of the following: (1) these Terms; (2) Indy at Home’s Privacy Policy; (3) Indy at Home’s Return Policy; and (4) the terms of use, privacy policy, and all other applicable terms and conditions for each such social media website and platform in effect at the time.

The Indy at Home Forum

Indy at Home’s Website contains an interactive forum (the “Forum”) for users of the Website. The Forum is designed to permit you to share your ideas and opinions, including product reviews. Information on the Forum may be provided by Indy at Home’s staff and other contributors, some of whom use anonymous screen names and are people not otherwise connected with Indy at Home. You acknowledge that a large volume of information is available on Indy at Home’s Sites, including on the Forum, and that people participating on the Sites, including on the Forum, may post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, or deceptive. Indy at Home neither endorses nor is responsible for such messages or statements, or for any opinion, advice, information, or other statement made or displayed on the Sites, including on the Forum, by third parties. The opinions expressed on the Sites, including on the Forum, reflect solely the opinions of the users of the Forum and may not reflect the opinions of Indy at Home. Indy at Home is not responsible for any errors or omissions in postings on the Sites, including on the Forum, for hyperlinks embedded in posts or messages, or for any results obtained from the use of such information. Under no circumstances will Indy at Home be liable for any loss or damage caused by your reliance on information obtained through the Site, including on the Forum.

You acknowledge that due to the immediate nature of the Internet and postings on the Website, Indy at Home may not censor, approve, edit, or endorse information placed on the Sites, including on the Social Media Sites and the Forum, by its users. Indy at Home cannot and does not guarantee that inappropriate material will not be posted on the Sites, including on the Forum.

You understand that by accessing and using the Sites, including the Forum, you may be exposed to Content that may offend you. Your sole and exclusive remedy is to avoid such Content by discontinuing your access and use.

Opinions, comments and other statements expressed by users of the Sites, including on the Social Media Sites and the Forum, are theirs alone, and are not opinions of Indy at Home. Content created by users are the sole responsibility of such users, and their accuracy and completeness are not endorsed or guaranteed by Indy at Home.

Indy at Home does not initiate, edit, modify, select, or designate specific recipients for any messages or other data entered into the Forum or any other part of the Sites, except that Indy at Home (i) may consolidate and edit for clarity any Content posted to the Sites, including on the Social Media Sites and the Forum, and (ii) reserves the right to monitor the Sites, including the Social Media Sites and the Forum and to remove any information that Indy at Home in its sole and absolute discretion considers to be inappropriate or unlawful. The exercise of such rights will not create an obligation for Indy at Home to monitor, screen, or edit Content on the Sites, including on the Social Media Sites and the Forum in any way.

Conduct by Users

All users are required to access and use Indy at Home’s Sites for lawful purposes only. You agree not to transmit to, from, through, or by means of Indy at Home’s Sites any material that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, which encourages criminal conduct, or which may give rise to civil or criminal liability.

Conduct by any user that in the sole judgment of Indy at Home restricts or inhibits any other user from using or enjoying Indy at Home’s Sites will not be permitted. Indy at Home reserves the right in its sole discretion to refuse access to Indy at Home’s Sites to any user for any reason (including, without limitation, a belief that the user has violated these Terms, the Privacy Policy, or any applicable laws).

ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE Indy at Home’s SITES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE BY A PERSON, Indy at Home RESERVES THE RIGHT TO SEEK MONETARY DAMAGES AND ALL OTHER AVAILABLE RELIEF FROM SUCH PERSON TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, defend, and hold harmless Indy at Home and its principals, officers, directors, shareholders, employees, agents, and representatives from and against all losses, expenses, damages, and costs (including reasonable attorneys’ and professionals’ fees and expenses) resulting from (1) your violation of these Terms, the Privacy Policy and/or the Return Policy and (2) your compliance with, or legal matters associated with or arising out of, any subpoena or legal process that relates to you. Indy at Home reserves the right to assume, at its sole expense, the exclusive defense and control of any matter that is subject to indemnification by you. In such event, you agree to cooperate fully with Indy at Home in asserting any available defenses and in all other respects, at Indy at Home’s request.

Termination

Your access to and use of Indy at Home’s Sites is licensed to you, not sold. This license shall immediately and automatically terminate upon your breach of these Terms, without any requirement to give notice thereof to you. In addition, Indy at Home may terminate this license immediately at any time, at will, and for the convenience of Indy at Home. If you do not abide by these Terms, you are not authorized to access or use Indy at Home’s Sites.

Disputes

Any and all disputes arising out of, under, or in connection with these Terms (including without limitation, their validity, interpretation, performance, or breach) will be adjudicated exclusively in the United States District Court for the Southern District of Indiana located in Indianapolis, Indiana or the state courts located in (or having jurisdiction over) Marion County, State of Indiana. You expressly consent to the exclusive jurisdiction of such courts over you. You expressly waive any claim of forum non conveniens. You agree to reimburse Indy at Home for its reasonable legal and professional fees and expenses of instituting or defending a lawsuit against or by you. These Terms and their validity and effect will be interpreted under and governed by the substantive laws of the State of Indiana without regard to principles of conflicts of laws or statutes.

General Provisions

By your acceptance of these Terms and your access and/or use of Indy at Home’s Sites, and as a material condition of such access and/or use, you represent and warrant to Indy at Home that you are at least thirteen (13) years old. If you are a minor (that is, if you are less than eighteen (18) years old), you are not permitted to make purchases or place orders via the Sites. Your parents or legal guardians should place any order to purchase Indy at Home’s products and/or services. You also represent and warrant to Indy at Home that you have provided accurate and complete information in all of your communications with Indy at Home (including without limitation your username, password and user profile).

These Terms and any other rules or terms posted on any of Indy at Home’s Sites, including without limitation the Privacy Policy and the Return Policy, constitute the entire agreement between you and Indy at Home, and supersede all previous written or oral agreements between Indy at Home and you. No action or inaction by Indy at Home may be construed as a waiver of these Terms or any part thereof. If any of the provisions of these Terms are held to be unenforceable by a court having competent jurisdiction, the remainder of these Terms will continue in full force and effect.

Copyright © 2016 by Indy at Home, LLC. All Content contained in and on Indy at Home’s Sites is intellectual property belonging exclusively to Indy at Home and/or their respective owners, and is protected by federal and state copyright and other laws and international laws and treaties. Any copying, republication, redistribution or public performance of the Content is strictly prohibited. Indy at Home enforces its copyright, trademark, and other legal rights and interests to the maximum extent permitted under the law. All rights of Indy at Home are expressly reserved.