By accessing any areas of the Site, you agree to be legally bound and to abide by the terms set forth below. Indela owned and operated by Indela, LLC. Any references herein to Indela shall be deemed to refer to the Site and/or Indela, LLC, as applicable under the circumstances.
The Site is a service mark of Indela, LLC or its affiliates. All rights reserved. These and other Site graphics, logos and service marks and trademarks of Indela, LLC and its affiliates may not be used without prior written consent of Indela, LLC or its affiliates, as the case may be. All other trademarks, product names, and company names and logos appearing on Indela, LLC are the property of their respective owners.
2. Disclaimers and limitation of liability
You expressly agree that use of the Site is at your sole risk. Neither Indela nor its affiliates nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, Providers), or the like, warrant that the Site will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of the Site, or as to the accuracy, reliability, or currency of any information, content, or services provided through the Site.
THE SITE IS PROVIDED BY INDELA ON AN “AS IS” AND “AS AVAILABLE” BASIS. INDELA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE, INCLUDING THE ACCURACY OF ANY INFORMATION PROVIDED THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, INDELA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INDELA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, NOR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY INDELA NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
IF YOU USE THE SITE FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE PURPOSE, INDELA, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. INDELA AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.
UNDER NO CIRCUMSTANCE SHALL INDELA OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM (1) THE USE OF OR INABILITY TO USE THE SITE, (2) RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SITE, (3) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE OF THE SITE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE SITE’S RECORDS, PROGRAMS OR SERVICES, INCLUDING LOSS OR INJURY RESULTING FROM HACKING, TAMPERING, THEFT OR OTHER UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED IN YOUR ACCOUNT, INCLUDING USER-PROVIDED CONTENT. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
NO CAUSE OF ACTION ARISING OUT OF YOUR USE OF INDELA’S SERVICES MAY BE BROUGHT MORE THAN ONE YEAR AFTER IT ACCRUES.
4. Proprietary rights
You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material that are protected by copyrights, trademarks, trade secrets, or other proprietary rights (“Content”), and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C.A. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
5. User-Provided Content
You understand and agree that all information, data, messages or other materials uploaded or transmitted by you to the Site (“User-Provided Content”) are the sole responsibility of the user from whom such material originated. You are entirely responsible for all User-Provided Content. Under no circumstances will Indela be liable in any way for use of any User-Provided Content by you, including but not limited to, any errors or omissions in any User-Provided Content or for any loss or damage of any kind incurred as a result of the use of any User-Provided Content, emailed or otherwise transmitted to the Site.
6. Online conduct
You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.
If Indela is notified of allegedly infringing, defamatory, damaging, illegal or offensive content provided by you, Indela may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from the Site. Indela may disclose any content or electronic communication of any kind: (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of Indela, its users or Providers.
Indela reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual users, Indela, the communities that make up the Site, or any rights of Indela or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither Indela nor its Providers can ensure prompt removal of questionable content after posting to the Site. Accordingly, neither Indela, nor its affiliates, nor any of their officers, directors, employees or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or content on the Site.
8. Termination of usage
The United States export control laws regulate the export and reexport of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations—including but not limited to the Export Administration Act and the Arms Export Control Act—and not to transfer, by electronic transmission or otherwise, any content derived from the Site to either a foreign national or a foreign destination in violation of such laws.
10. Usage by children under 13
To use the Site, you must be at least 13, or in some cases, even older. Please check your local law for the age of digital consent. If you don’t meet these age requirements, you may not use the Site.
11. Applicable law and venue
13. Entire Agreement