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Introduction

 

The access to the www.shopindigovibration.com website and the use of its services, features and content are subject to these terms of use.

You may be accessing the Website from a computer or mobile phone device and these Terms of Use govern your use of the Website and your conduct, regardless of the means of access.

We hereby inform you that these sales conditions may be modified at any time, without notice, and in INDIGO VIBRATION’s sole discretion. Modifications will be made public by means being placed online and will be effective upon posting. The modifications to the Sales Conditions will be deemed to have been accepted without reservation by your continued use of the Website following posting of the modification online. You should therefore frequently review these conditions carefully before navigating through our Website.

The fact that you browsed and entered our Website constitutes your acceptance of the Terms of Sale Conditions.

 

1. GENERAL INFORMATION

This Website is published by INDIGO VIBRATION LLC, a Virginia limited liability company.

 

2. INTELLECTUAL PROPERTY

This Website is the exclusive property of INDIGO VIBRATION, and INDIGO VIBRATION is solely entitled to use and operate the individual and intellectual property rights covering the Website shopindigovibration.com. All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Website is the property of INDIGO VIBRATION LLC.  All content on the Website is the exclusive property of INDIGO VIBRATION and is protected by U.S. laws. All software used on the Website is the property of INDIGO VIBRATION or its software suppliers and is protected by U.S. laws.

The INDIGO VIBRATION trademark, and all the brand and non-brand marks, and in general all other trademarks, illustrations, images, and logotypes that appear on the INDIGO VIBRATION products, their accessories, or their packaging, whether or not they are registered, are and shall remain the exclusive property of INDIGO VIBRATION.

Any reproductions in whole or in part use of INDIGO VIBRATION trademarks, illustrations, images, and logotypes for any reason and by any means whatsoever including, without limitation, in a manner that is likely to cause confusion among consumers or in a manner that disparages or discredits INDIGO VIBRATION, is strictly prohibited.

Any combination or use of the INDIGO VIBRATION trademarks, illustrations, images, and logotypes in conjunction with any other trademark, symbol, logotype and more generally any distinctive sign that is intended to form a composite logo is strictly prohibited.

The use of all or part of the Website, in particular by means of downloading, reproducing, printing, electronically copying, distributing, republishing, reposting (social media), displaying, performing, or transmitting for purposes other than personal and private use for a non-commercial purpose is strictly prohibited.

Hyperlinks to our Website may only be created with our written, prior consent. Such consent may be withdrawn at any time. We cannot be held responsible for the content of any websites linked to our Website.

 

3. PRODUCTS

The INDIGO VIBRATION products featured on the Website are representative of INDIGO VIBRATION’s overall collection. However, not all INDIGO VIBRATION products are featured on the Website. The style, designs, models, colors, and prices of the INDIGO VIBRATION products featured on the Website may be changed without any notice.

 

4. OBLIGATION OF THE USER

You must be 13 years or older to access or use the Website or any Content, or Services. By accessing or using the Website or any Content or Services, you represent that you are at least 13 years old and if you are a minor that you have obtained your parent's or legal guardian's consent prior to using the Website. The Website is intended to be used only by individuals and entities that can form legally binding contracts under applicable law. By accessing the Website or any Content or Services you agree that you meet (or with parental consent) these requirements.

You hereby undertake not to a) use or allow the use of the Website in an improper manner, for unlawful, fraudulent or malicious purposes, and particularly (without limitation): (i) by pirating the Website or by introducing any malicious code, including viruses, or harmful data into the Website or any operating system; (ii) by the use of a “spider” or any other system, methods or programs (automated or otherwise) to extract data or information from Indigo Vibration’s Website or servers; (iii) by sending or storing documents containing viruses, worms, Trojan horses or other harmful code, files, scripts, agents or computer programs; (iv) by interfering with or causing harm to the integrity or performance of the Website and the data contained therein; (v) by trying to obtain unauthorized access to the Website, its systems or associate networks; (vi) by trying to access the accounts or personal information of other users in an unauthorized manner.

 

5. DISCLAIMER

The content of this Website may contain inaccuracies or typographical errors. INDIGO VIBRATION will not be held liable for any inaccuracy or error, or for loss or damage caused by or resulting from the use of information obtained on or through the Website. It is up to you to assess the information and any other content available on or through the Website. The Website and the information and products appearing on it are liable to be modified at any time, possibly without notice.

The visitor is informed that the access of this Website may be interrupted at any time for maintenance, security reasons or any other technical constraint. INDIGO VIBRATION shall not be held liable for such interruption or unavailability.

Third party websites containing hypertext links to the Website are not under the control of INDIGO VIBRATION therefore declines all liability (particularly as publisher), subject to Article 8 of these Conditions, concerning access to, and the content of, such websites.

 

6. GUARANTEES

This Website and its contents are provided "as is" and "within the limit of their availability". INDIGO VIBRATION shall not be held liable and provides no guarantee of any kind, whether express or implied, including any guarantee as to the title or the absence of malevolent programs (such as viruses, worms or Trojan horses) or implied guarantee as to merchantability or suitability for a particular use, and expressly disclaims all liability and all guarantee. INDIGO VIBRATION shall bear no liability and cannot guarantee that the information contained on the Website is accurate, complete or updated, that the Website contains no defect or that any such defect shall be corrected. By using this Website, you agree to do so at your own risk and assume full responsibility for any inability to use the Website, any loss of data and the costs related to any assistance or repair of any hardware and/or software used by you for connecting to the Website, and you agree to hold INDIGO VIBRATION harmless for any damage whatsoever that may be caused by, result from or be connected to your use of the Website. In cases where the applicable law does not permit the exclusion of implied guarantees, some or possibly all the disclaimer clauses mentioned above may not apply to you.

 

7. LIMITATION OF LIABILITY

SUBJECT TO THE SPECIFIC PROVISIONS APPLICABLE TO ONLINE SALES AND TO CONSUMER PROTECTION LAWS, INDIGO VIBRATION WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR CONSULTATION OR USE OF THE WEBSITE. WHERE PERMITTED BY LAW, THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME and/ or PROFIT/LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT IT’S PERMITTED BY LAW, THE LIMITATIONS on INDIGO VIBRATION LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BY AGREEING TO THESE TERMS OF USE, YOU WILLINGLY AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN WILLINGLY AGREES) THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM INDIGO VIBRATION AND THAT THIS IS A REASONABLE ALLOCATION OF RISK. AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGE, SOME OR EVEN ALL OF THE LIMITATIONS MENTIONED ABOVE MAY NOT APPLY TO YOU.

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Where permitted by law, you agree to defend, indemnify and hold harmless INDIGO VIBRATION (and its, affiliates, employees and third party service providers) from all claims, demands, losses, liabilities, costs and expenses of every kind or nature, known or unknown, including reasonable legal fees, arising out of (a) your use of and access to the Website, (b) your violation of these conditions, and (c) your violation of any law or the rights of a third party (including, without limitation, any intellectual property or privacy right).

The provisions of this section will survive the termination of these Term of Sales and your use of the Website.