Terms of Service and Use. Indigo Technologies Operations LLC and its subsidiaries and controlled affiliates, including Indigo Insure LLC (collectively hereafter, “Indigo,” the “Company,” “we,” or “us”) operate this website (this “Site”) to provide online access to information about Indigo and its business, including information about Indigo insurance policies and other areas in which Indigo may do business. These Terms of Service and Use (“Terms”) apply to your access to and use of the websites, mobile sites and other online offerings (collectively, the “Site”) provided by Indigo that link to these Terms. Accordingly, please review the Terms whenever accessing this Site to confirm your ongoing acceptance of the Terms. If you do not agree to these Terms, do not use the Site.
Acceptance. Your access to and use of this Site is subject to these Terms, the Indigo Privacy Notice and all applicable laws. By accessing, browsing, or using this Site, you agree that you have read, understand, and are bound to the current version of these Terms and the Indigo Privacy Notice. You accept, without qualification or limitation, these Terms and acknowledge that any other agreements regarding your use of this Site are superseded and of no force or effect. If you disagree with these Terms or are dissatisfied with the Site, your sole remedy is to discontinue your use of this Site.
Your Use of the Site. You may use the Site only for lawful purposes and in accordance with these Terms. You may freely browse this Site, and you may access or use information from this Site, including any images, text, audio, and video (the “Content”) for your own personal, non-commercial use only, and not for resale or other transfer to any other person or entity. You agree to protect the proprietary rights of the Company and all others having rights in the Site and to comply with all reasonable written requests made by the Company or its suppliers of content ("Suppliers") to protect contractual, statutory and common law rights in the Site.
Prohibited Conduct. Except with Indigo’s advance written permission, you may not distribute, modify, transmit, reuse, repost, or use or link to this Site or its Content for any commercial purpose. You further agree not to:
• Use the Site or Content except as provided in these Terms or in the text on the Site or for any reason other than the purpose intended;
Information You Submit to Indigo. This Site is not intended to collect confidential or proprietary information or protected health information. You should not submit any such information to this Site. Where personal information may be submitted, you agree that you are submitting such information freely and voluntarily and that you will not submit private or personal information of any third-party without that third party’s consent. Personal Information that you elect to submit to the Site through Site contact forms is governed by and will be handled in accordance with the Indigo Privacy Notice. By using this Site, you consent to all actions taken by the Company with respect to your information, in compliance with the Indigo Privacy Notice. Any other submission by you to Indigo, including but not limited to general inquiries, questions, comments, suggestions or the like shall be deemed to be non-confidential and shall become the property of Indigo. By any submission of information to this Site, you grant to Indigo (inclusive of third-parties working for or on behalf of Indigo) an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such information for any and all legitimate business purpose, including the specific purposes you may separately agree at the time of submission. Indigo shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing content, materials, or products incorporating such information.
Trademarks and Proprietary Rights; Copyright Notice. This Site and its Content may include Indigo trademarks or may include or reference proprietary information, technologies, products, processes or other proprietary rights of Indigo and/or third-parties. No license to or right in any such trademarks, copyrights, patents, trade secrets, technologies, products, processes and other proprietary rights is granted to or conferred upon you through your use of this Site. Nothing in this Agreement is intended to grant any rights whatsoever in or to Content, except the limited right to use such Content, as described herein. You should assume that all Content is copyrighted unless otherwise noted. You must retain and reproduce all copyright notices or other notices of proprietary rights contained in Content you download. You may not, without Indigo’s written permission, "mirror" any Content contained on the Site.
Content Subject to Change. Indigo reserves the right to modify our Site or to suspend, stop providing, or discontinue all or portions of our Site, to deny access of any user to the Site or make additions, deletions, or modifications to Content or information included on this Site or take any other action with respect to any content that we deem necessary or appropriate at any time without prior notification. You also have the right to stop using our Site at any time. We are not responsible for any loss or harm related to your inability to access or use our Site.
User Assumption of Responsibility; Disclaimer of Warranties.
Each Site user assumes full responsibility and all risks arising from use of the Site. Indigo uses reasonable efforts to ensure that information on this Site is accurate at the time the information is posted on the Site. You should not rely on any Site content as legal, tax, financial, or other professional advice with respect to any individual situation. The information is presented “AS IS.” Indigo assumes no responsibility if the information on the Site is incomplete, inaccurate, or out of date and reserves the right to withdraw, change, or restrict this Site at its sole discretion without notice. Indigo makes no representations or warranties whatsoever with respect to the Site or the information or Content included on the Site. Indigo hereby disclaims all representations and warranties, whether express or implied, including, without limitation, any warranties of completeness or accuracy, merchantability, fitness for a particular purpose, title, or non-infringement.
Third Party Content and Links to Third Party Sites. Indigo may provide information about third-party organizations, events, products, services, or activities, or we may allow third parties to make their content and information available on or through the Site (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content and links to third-party websites may be provided for the convenience of Site users. When you leave this Site, you should be aware that these Terms may no longer apply. Your dealings or correspondence with third parties and your use of or interaction with any third-party websites or Third-Party Content are solely between you and the third party. Indigo does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content or third-party website. Further, Indigo will not edit, censor, or otherwise control any content provided by third-parties on any third-party website, bulletin board, chat room, or other third-party forum. Your access to and use of such Third-Party Content and third-party websites is at your own risk. Indigo disclaims all responsibility for the accuracy or legality of content on any third-party websites and accepts no liability whatsoever with respect to any Third-Party Content, third-party website, or third-party privacy practices.
Indemnification. To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Indigo and its independent contractors, service providers, and consultants, successor organizations, and partner organizations, and each of their respective officers, directors, agents, partners and employees (individually and collectively, the “Indemnified Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your violation of these Terms; (b) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (c) your misconduct in connection with the Site. You agree to promptly notify Indemnified Parties of any third-party Claims, cooperate with Indemnified Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims including, but not limited to, attorneys’ fees. You also agree that the Indemnified Parties will have control of the defense or settlement, at the Indemnified Party’s sole option, of any third-party Claims.
Limitation of Liability. To the fullest extent permitted by applicable law, Indigo and its contractors, service providers, consultants, successor organizations, and partner organizations, and each of their respective officers, directors, agents, and employees (collectively the “Parties to the Company”), will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if such parties have been advised of the possibility of such damages. The total liability of the Company and Parties to the Company for any claim arising out of or relating to these Terms or our Site, regardless of the form of the action, is limited to $5.
Applicable Law and Jurisdiction. The Privacy Notice shall be governed by, construed and entered in accordance with the laws of the State of Tennessee applicable to contracts deemed to be made within such state, without regard to the choice of law or conflict of law provisions thereof. All disputes with respect to this Privacy Policy shall be brought and heard either in the state or federal courts of proper jurisdiction located in Davidson County ,Tennessee. You consent to the in personam jurisdiction and venue of such courts. YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING, DIRECTLY OR INDIRECTLY, ARISING OUT OF, OR RELATING TO, THIS SITE TO THE FULLEST EXTENT PERMITTED BY LAW.
Severability. If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
No Assignment. The provisions of these Terms will inure to the benefit of and be binding upon each of the Company and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign these Terms or your rights and obligations under these Terms without the express prior written consent of the Company, which may be withheld in the Company’s sole discretion. The Company may assign these Terms and its rights and obligations under these Terms without your consent.
Miscellaneous. The failure of Indigo to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.
Terms Subject to Change. Without prejudice to any rights you may have under applicable law, Indigo reserves the right to amend these Terms at any time and for any reason, including to reflect changes to Indigo’s lines of business and service offerings, advancements in technology, and changes to legal and regulatory requirements, as well as good business practices. If Indigo changes these Terms, an updated version of these Terms will reflect those changes and will be posted to the Site and with an updated effective date. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Site after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Site.
If you have any questions about these Terms or our Site, please contact us at legal@getindigo.com.