Terms & Conditions of Use

Last updated: November 30th, 2013

Welcome to IndiePlate.com. IndiePlate LLC and/or its affiliates ("IndiePlate") provide website features and other products and services to you when you visit or shop at IndiePlate.com, use IndiePlate products or services, use IndiePlate applications for mobile, or use software provided by IndiePlate in connection with any of the foregoing (collectively, "IndiePlate Services"). IndiePlate provides the IndiePlate Services subject to the following conditions.

PRIVACY

Please review our Privacy Notice (insert link), which also governs your use of IndiePlate Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use any IndiePlate Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other IndiePlate Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any IndiePlate Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of IndiePlate or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any IndiePlate Service is the exclusive property of IndiePlate and protected by U.S. and international copyright laws.

TRADEMARKS

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any IndiePlate Service are trademarks or trade dress of IndiePlate in the U.S. and other countries. IndiePlate's trademarks and trade dress may not be used in connection with any product or service that is not IndiePlate's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits IndiePlate. All other trademarks not owned by IndiePlate that appear in any IndiePlate Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by IndiePlate.

 

 

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, IndiePlate or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the IndiePlate Services. This license does not include any resale or commercial use of any IndiePlate Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any IndiePlate Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by IndiePlate or its licensors, suppliers, publishers, rightsholders, or other content providers. No IndiePlate Service, nor any part of any IndiePlate Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of IndiePlate. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of IndiePlate without express written consent. You may not use any meta tags or any other "hidden text" utilizing IndiePlate's name or trademarks without the express written consent of IndiePlate. You may not misuse the IndiePlate Services. You may use the IndiePlate Services only as permitted by law. The licenses granted by IndiePlate terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

If you use any IndiePlate Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the IndiePlate Services only with involvement of a parent or guardian. IndiePlate reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, and other content and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. IndiePlate reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant IndiePlate a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant IndiePlate and sublicensees the right to use the name that you submit in connection with such content, if we so choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify IndiePlate for all claims resulting from content you supply. IndiePlate has the right but not the obligation to monitor and edit or remove any activity or content. IndiePlate takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

IndiePlate respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us in writing, providing detailed reasons as to why you believe your intellectual property rights have been infringed upon.

RISK OF LOSS

IndiePlate is a reseller of goods. As such, all products on IndiePlate are grown or prepared by 3rd party suppliers. These 3rd party suppliers may not always be able to meet the demand due to external circumstances such as weather, illness, etc. IndiePlate makes no guarantees as to the availability or quality of products sold by these 3rd parties.

REFUND POLICY

We pride ourselves on excellent customer service. We want you to be completely satisfied with your order. If you’re not, let us know and we’ll do our best to make it right.

PRODUCT DESCRIPTIONS

IndiePlate attempts to be as accurate as possible. However, IndiePlate does not warrant that product descriptions or other content of any IndiePlate Service is accurate, complete, reliable, current, or error-free. If a product offered by IndiePlate itself is not as described, your sole remedy is to return it in unused condition.

OTHER BUSINESSES

Parties other than IndiePlate operate stores, provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. IndiePlate does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE INDIEPLATE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE INDIEPLATE SERVICES ARE PROVIDED BY INDIEPLATE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. INDIEPLATE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE INDIEPLATE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE INDIEPLATE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE INDIEPLATE SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, INDIEPLATE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INDIEPLATE DOES NOT WARRANT THAT THE INDIEPLATE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE INDIEPLATE SERVICES, INDIEPLATE'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM INDIEPLATE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INDIEPLATE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY INDIEPLATE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY INDIEPLATE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

DISPUTES

Any dispute or claim relating in any way to your use of any IndiePlate Service, or to any products or services sold or distributed by IndiePlate or through IndiePlate.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the parish or county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using any IndiePlate Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Louisiana, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and IndiePlate.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our privacy policy, posted on this site. These policies also govern your use of IndiePlate Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Additional IndiePlate Software Terms

  1. Use of Third Party Services. When you use the IndiePlate Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
  2. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the IndiePlate Software, whether in whole or in part, or create any derivative works from or of the IndiePlate Software.
  3. Updates. In order to keep the IndiePlate Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

Contact Us

We welcome your questions or comments regarding the Terms:

Email: info@indieplate.com

Phone: (832) 493 – 4873