Terms of Use

These Website Terms of Use (the “Website Terms”) between you and Indigo Tech LLC, its parents, subsidiaries, representatives, affiliates, officers and directors (including Indigo Payments LLC, and collectively, “Indigo Tech,” “we,” “us” or “our”) govern your use of the Indigo Tech Website(s) and applications.

PLEASE DO NOT ACCESS OR USE THE INDIGO TECH WEBSITE OR APPLICATIONS IF YOU DO NOT AGREE TO BE BOUND BY THESE WEBSITE TERMS OR PRIVACY POLICY.

1. User Conduct. You agree that you will comply with these Website Terms and that you will not engage in conduct or communications with or with respect to the Website that: (1) are obscene, fraudulent, indecent, defamatory, abusive, harassing, or threatening to others; (2) contain  viruses, malware, worms, time bombs, cancelbots, or other disabling devices or other harmful component that may damage, intercept, expropriate or interfere with any system, data, or personal information; (3) advocate or encourage any illegal activity; (4) infringe on the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party; (5) violate the privacy of individuals, including, but not limited to, other users of the Website; or (6) violate any applicable local, state, national or international law.

You also agree that you will not: (1) attempt to gain unauthorized access to any portion or feature of the Website or our systems, networks or servers by hacking, password “mining” or any other illegitimate means, or (2) access, acquire, copy, monitor or circumvent any portion of our Website, systems, networks or servers to obtain or attempt to obtain any Content, materials, documents, or information through any means not purposely made available through the Website. We reserve the right to bar any such activity or use at our sole discretion.

2. Website Content. The entire content of the Website, including but not limited to text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, and the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content (collectively, “Content”) is owned controlled, or licensed by or to Indigo Tech.

The Website and the Content, except for that in the public domain, is protected from unauthorized copying and dissemination the United States and Canadian laws for copyright, trademark, trade dress, unfair competition, as well as international conventions and other intellectual property laws.

All page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Indigo Tech or its licensors and may not be copied, imitated, or used, in whole or in part, without our prior written permission.

Indigo Tech will grant you permission to use portions of the Website, provided that you do not change or delete any proprietary notices from downloaded or printed materials; copy or post such information on any networked computer; broadcast it in any media; or make any representations or warranties relating to such documents or the Content.  

Other than this limited permission, you may not copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit or distribute, in any way (including “mirroring”) to any other computer, server, Website, medium or commercial enterprise, any part of the Website or any Content without our express prior written consent.

Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Website or the Content except permitted or consented by these Terms.

3. References to Indigo Tech. When referring to us in any advertising or promotional materials, including without limitation on web sites or in client literature, you agree to do so according to our guidelines which can be requested by sending an email to support@indiotechgroup.com. By using our services and referring to us in your advertising or promotional materials, you further agree to comply in full with all requests by us to edit such advertising or promotional material to comply with our guidelines.

 

In any legal document you enter with any third party that refers to us, you agree to refer to us as Indigo Tech, LLC or Indigo Tech. Nothing herein should be read to convey that we have consented to any obligation or participation in any such third-party agreement, and any such consent is expressly withheld absent separate written agreement by us.

 

4. Third Party Sites and Information. Our Website may have links to other websites or make reference to information, documents, software, materials and/or services provided by other parties. We have no control over these websites or resources, nor do we sponsor or endorse them by implication.  You agree that Indio Payments is not responsible or liable for any content, advertising, or other materials available through these third-party websites and resources, and that we are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any content, goods, or services available through a third-party website or internet resource. If a third-party website links to our Site, the third party agrees pursuant to these Website Terms of Use to remove and/or disable such link should we so demand.

   

5. Digital Millennium Copyright Act Notice. Indigo Tech respects the intellectual property rights of others and expects users of the Indigo Tech Website to do the same. We will investigate reports of alleged infringement and will take appropriate action to remove or disable access to any material found likely to be infringing.

If you believe our Website infringes your copyright, please provide the following information:

• A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that has allegedly been infringed;
• A description of the copyrighted work that you believe has been infringed;
• The location on the website of this allegedly infringing material;
• Your address, telephone number and email address and any other pertinent information sufficient to allow Indigo Tech to contact you;
• 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;
• 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 are authorized to act on the copyright owner’s behalf.

Notices of claimed copyright infringement should be sent to the email address or the office address listed on Indigo Tech’s website.

6. You agree to defend, indemnify, and hold Indigo Tech and its affiliates, partners, agents and subsidiaries, harmless from all liabilities, claims, and expenses, including attorneys’ fees, including the claims of those who are not a party to this agreement, which arise from your use or misuse of the Site or its Content, or by your conduct that would constitute a breach of any of these Terms by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

 

7. Website Warranties.

THIS WEBSITE AND THE CONTENT ARE PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND.

WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR WITHOUT PROBLEMS OR ERRORS, THAT DEFECTS IN OR ON THE WEBSITE WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THE WEBSITE OR THE CONTENT.

WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE OR THE CONTENT, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE ARE IN FACT AWARE OF ANY SUCH PURPOSE).

WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE OR THE CONTENT.

OUR CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON THE WEBSITE DOES NOT CONSTITUTE THE RENDERING OF LEGAL, ACCOUNTING, TAX OR OTHER SUCH PROFESSIONAL ADVICE.

8. Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL INDIGO TECH, ITS AFFILIATES OR ITS SUBSIDIARIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SPONSORS OR AGENTS BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, OR INFORMATION CONTAINED WITHIN THE WEBSITE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES WHETHER THE DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE IS TO STOP USING THE WEBSITE. NOTWITHSTANDING THESE LIMITATIONS, ANY LIABILITY UNDER THESE TERMS OF USE SHALL BE LIMITED TO THE COST INCURRED BY YOUR USE OF THE WEBSITE, IF ANY, OR $500, WHICHEVER IS LESS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY IN WHOLE OR IN PART TO YOU.

ANY CLAIM UNDER THESE TERMS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES, OR SUCH CLAIM OR CAUSE OF ACTION IS BARRED, AND ANY CLAIM BY YOU IS SUBJECT TO THE LIMITATION OF LIABILITY SET FORTH ABOVE. CLAIMS RELATED TO THE TERMS, CONDITIONS AND WARRANTIES OF ACTUAL PURCHASED GOODS AND SERVICES ARE NOT SUBJECT TO THIS LIMITATION.

9. GOVERNING LAW AND FORUM.

These Website Terms are governed by the laws of the State of California, without regard to its conflicts of laws analysis. Any dispute over the Website, the Website Terms or our Privacy Policy shall be brought in the state or federal courts located in San Francisco, CA. If you have a problem with our Website or our services, you agree first to notify us at support@indiotechgroup.com , so that we can try to resolve the problem.