Terms of Use

Effective Date: 11-27-15

Welcome to this website hosted by Indigogene LLC., (“Company”). the company maintains this website for your personal information, education, and communication. Your access to and use of this website is subject to the following Terms of Use. Please read these Terms of Use carefully before accessing or using this website, so that you fully understand your rights and responsibilities. By accessing or using this website, you agree to these Terms of Use. Please print a copy of these Terms of Use for your reference.

If you do not agree to the following Terms of Use, do not access or use this website, and instead contact Company in writing or via telephone listed below for further information. 

The company may modify or amend these Terms of Use at any time. All changes will be effective immediately upon their posting on this website. Material changes will be posted conspicuously on this website. By accessing the website following the posting of changes to the Terms of Use, you agree to all such changes.

Site Information

Information displayed on this website may change without notice. Company reserves the right to modify such information without any obligation to notify the past or current website users. The company makes no representations that the materials on this website are appropriate or available for use in any particular state or other countries besides the United States. When accessing this website you are solely responsible for compliance with the laws of the state or country in which you live.

All offers set forth on this website are void where prohibited, and are subject to the posting of any official rules pertaining to such offers. Some services offered on this website may not be available in certain areas. 

Privacy Policy

By accessing and using this website, you agree to the terms of our Privacy Policy, which are incorporated into these Terms of Use by this reference.

Product Purchases
The following terms and conditions apply to all product orders from Company. If any of these terms and conditions are not acceptable, please contact us before placing an order. 

(a). ACCEPTANCE OF ORDERS:
ORDERS ARE NOT BINDING ON COMPANY UNLESS ACCEPTED BY US. ANY ADDITIONAL OR INCONSISTENT PROVISIONS OF ANY PURCHASE ORDER OR OTHER WRITING DOES NOT CONSTITUTE A PART OF THE CONTRACT OF SALE. 

(b). CANCELLATION:
Once orders are placed and accepted by Company, they may be canceled only in limited circumstances. 

(c). PRODUCT AVAILABILITY:
Product availability may be limited. Products may not be available for immediate delivery. Company reserves the right, without liability or prior notice, to revise or cease to make available any or all products. 

(d). PRICING & SPECIFICATIONS: 
All prices are in U.S. currency. The prices do not include freight, applicable federal, state, and local taxes, charges and duties, or special crating requirements for export shipment. You are responsible for all such costs, taxes, charges, and duties. Product pricing and specifications are subject to change without notice. Company reserves the right to adjust and communicate alternative pricing should an error be found in published material. 

(e). ORDER PAYMENTS
All orders must be paid for with a credit or debit card at the time of ordering. We generally do not charge your card until after your order has shipped. All orders are processed by our third party payment processor, currently Stripe. The company does not receive or maintain your card information. 

If the card information that you submit is incorrect or invalid, your order will not be processed. Payment is subject to the approval of the financial institution issuing the card. We assume no responsibility or liability if the financial institution refuses to accept or honor your card for any reason.

(f). TAXES
You are responsible for any and all sales, use, excise, and other taxes, import duties and charges levied as a result of your order.

(g). SHIPPING:
All items are shipped FOB the point(s) of origin indicated. Unless otherwise agreed by Company, products will be shipped via carriers of our choice with shipping, handling, insurance, and packaging charges prepaid by Company and added to the invoice. 

You are responsible for any extra charges for services you may request, i.e., special routing, inside delivery, or pre-delivery notification. 

(h). RISK OF LOSS; TITLE:
Title to products and risk of loss passes from Company to you upon delivery to a carrier selected by us.

(i). DAMAGED SHIPMENTS:
You should thoroughly inspect all shipments for damage before accepting delivery. If damage has occurred, note the extent of the damage on the freight bill and call Company immediately. Although our responsibility for loss and damage ceases when the products are accepted for shipment by the carrier, we will, when notified, file a damage claim for goods shipped via a carrier that was chosen by us, issue credit for the damaged goods and ship an immediate replacement. 

You can return any damaged products to Company pursuant to any return authorization instructions received from us and receive a replacement or full refund.

(j). INTERNATIONAL SHIPMENTS:
Products purchased for delivery outside of the United States may be subject to import duties and taxes which are levied once the package reaches your country. Additional customs fees are not included in the shipping charges. The company does not have control over these charges and cannot estimate what they may be.

Customs policies vary from country to country. Contact your local customs office for further information. When ordering from Company, the customer is considered the importer of record and is responsible for customs fees and must comply with all laws and regulations of the country in which you are receiving the goods.

(m). RETURN POLICY
If you are dissatisfied with your purchase, a replacement or refund will be issued for products purchased directly from Company within 30 days of your return shipment of the goods, provided the products are returned in unworn and saleable condition.

(n). RETURN AUTHORIZATION
All returns must be shipped prepaid, in resalable condition, and are subject to inspection for damage or misuse prior to replacement, unless otherwise authorized by Company.

Products not returned within 30 days of receipt may be subject to restocking charges. For returns of international purchases, please note that customs policies vary widely from country to country. For more information about customs fees, please contact your local customs office for further information before you proceed with a return authorization.

Intellectual Property Rights

Copyright Indigogene LLC., 2015-16. All rights reserved.

All copyrightable text, audio, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium on this website are copyrighted by Company unless otherwise noted. The distinctive and original layout and presentation of this website also constitutes protectable trade dress under applicable federal law. In addition, many proprietary names and marks belonging to Company appear throughout this website. This website may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to Company or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law.

Use of this Website

You may download and print one (1) copy of this website’s content for your personal and non-commercial use, provided you do not delete or modify any copyright, trademark, or other proprietary notices. You may not otherwise use, copy, modify, distribute, mirror, republish or transmit any of the content or materials of this website without the prior written consent of Company.

Your Account

If you choose to register with the website, your account is personal to you, and you may not share your account information with, or allow access to your account by any third party. Because you will be responsible for all activity that occurs under your access credentials, you should keep your username and password secret. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Company by e-mail to indigogenegoods@gmail.comYou are solely responsible for your own losses and losses incurred by Company and others (including other users) due to any unauthorized use of your account.

No Liability

In no event will Company or any of its officers, representatives, directors, employees, consultants or agents be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages or any damages whatsoever (including without limitation, damages for loss of use, data, information, profits or business interruption) arising out of or in any way related to the use or performance of this website or any linked website or to any material, information, data, products, or services obtained through this website, or otherwise arising out of your use of this website, your inability to use this website or any decision made or action taken by you in reliance of any information, advice or materials provided on this website, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if Company has been advised of the possibility of such damages. Your sole and exclusive remedy is to stop accessing and using this website.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above exclusions or limitations may not apply to you.

No Warranty

The company makes all commercially reasonable efforts to ensure that all material, information, and data on this website is accurate and reliable; however, accuracy cannot be guaranteed. This website is provided by Company on an “AS IS” basis. The company disclaims all warranties with respect to this website, including without limitation all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. 

Company does not warrant or guarantee 1) the accuracy, completeness, correctness, reliability, timeliness, or usefulness of this website or any material, information or data downloaded or otherwise obtained through use of this website; (2) the results that may be obtained from the use of this website or the use of material, information or data obtained from this website; (3) that use of this website or any materials on this website will meet any user's requirements; (4) that access to the website will be uninterrupted, timely, secure or error-free; or (5) that files or other materials and information available through this website will be free of infections, viruses, worms, Trojan horses or other code that could be harmful to your computer system. The company has no responsibility for the timeliness, deletion, misdelivery or failure to store any user communication.

You acknowledge and agree (1) that your use of this website and any material, information or data downloaded or otherwise obtained through the use of this website is at your discretion and risk, and (2) that you are solely responsible for any damage to your computer system or for loss of data that results from the download of any material, information or data, and for any other form of damage that may be incurred. None of the parties involved in creating, producing, or delivering this website or its content will be liable to users of this website for any damage resulting from use of this website or use of material, information or data downloaded or otherwise obtained from this website, nor are such parties in any way responsible for the conduct of users of this website or for information posted or exchanged on this website.

No advice or information, whether oral or written, obtained by you from Company or in any manner from this website creates any warranty.

Third-Party Websites

This website may link to, or be linked to, other websites not maintained by or related to Company. All links are provided only as a service to our visitors. The company is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked or linking website, unless specifically stated on this website. The company has not reviewed all websites to which it links and is not responsible for the content, accuracy, or policies of any such websites. You link to other pages or websites at your own risk, and your use of other websites will be controlled by the terms of use posted on that website. You should review the terms of use of any website to which you navigate.

If you operate another website and are interested in linking to our website, you agree to be bound by the following rules: (1) the link must be a text-only link clearly marked; (2) the link must "point" to the URL "www.indigogene.com" and not to any other pages; (3) the link must be in connection with a website of appropriate subject matter that furthers the mission of Company; (4) the link may not damage or dilute, nor have the potential to damage or dilute, the goodwill associated with Company’s names and marks; (5) the link may not create the false appearance that an entity other than Company is associated with or sponsored by Company; (6) the link, when activated by a user, must display this site full-screen and not with a "frame" on the linked website; and (7) Company reserves the right to revoke consent to the link at any time in its sole discretion, either by amending these Terms of Use or through other notice.

Indemnification

You agree to indemnify, defend and hold harmless Company, its officers, representatives, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liabilities, attorneys’ fees, damages and costs for claims arising from or related to your use of this website, your use of any material, information or data downloaded or otherwise obtained from this website, or your violation of these Terms of Use, including your infringement of any intellectual property or other right of Company or any other person or entity.

Third Party Copyrights

Company respects the rights of intellectual property owners and asks that its users do the same. If you believe that your work has been copied in a way that constitutes infringement, please provide Company the following information, in the form prescribed by Section 512 of Title 17, United States Code:

1. a description of the copyrighted work or works that you claim have been infringed;
2. a description of the allegedly infringing material, including its location on the site; 
3. your address, telephone number, and e-mail address;
4. 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; 
5. 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; and
6. an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

Company’s Copyright Agent for notice of claims of copyright infringement on its site is:

indigogenegoods@gmail.com

Interpretation and Disputes

These Terms of Use are governed by the laws of the United States and the State of California, without regard to any conflict of laws provisions. Venue is exclusively in California, with respect to any dispute arising under these Terms of Use, unless otherwise agreed by Company in its sole discretion. If there is a dispute, the prevailing party will be entitled to recovery of its reasonable attorneys’ fees and costs. If any provision of these Terms of Use is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator may modify such provision to the minimum extent necessary to make an invalid provision enforceable and valid. If a modification is impossible or impracticable then the provision will be severed and the remaining terms of these Terms of Use will be interpreted and read to give them maximum enforce ability. Any cause of action or claim with respect to this website must be commenced within one (1) year after the action or claim arises.

Entire Agreement

By your access or use of this website, you agree to these Terms of Use. These Terms of Use, together with the Company Privacy Policy, constitute the entire agreement between you and Company with respect to your access and use of this website. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Company. These Terms of Use will inure to the benefit of Company’s successors and assigns.

Electronic Communications

You agree that these Terms of Use and any other documentation, agreements, notices or communications between you and Company may be provided to you electronically, to the extent permissible by law. Please print a copy of all documentation, agreements, notices or other communications for your reference.

Contacting Us

If you have any other questions or concerns regarding these Terms of Use, please contact us at indigogenegoods@gmail.com