Terms and conditions of use
Last Updated: December 14, 2015
Use of Websites
Indigo Kinetics LLC d/b/a Indigo Kinetics, NaabLevy, and MELT Seattle (“Indigo,” “our,” “us,” or “we”) hereby grants you a limited, non-exclusive license to use the Websites as set forth herein. These Terms do not alter the terms or conditions of any other agreement you may have with us for products, services, or otherwise.
We own and operate the Websites and reserve the right to change or modify the terms, conditions, and notices under which the Websites are offered, at any time and in our sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Websites. Your continued use of the Websites following the posting of changes or modifications shall confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms and any applicable policies to understand the terms and conditions that apply to your use of the Websites. We may terminate or restrict your use of the Websites at any time in our sole discretion.
Ownership of Intellectual Property Rights
All texts, photographs, images, illustrations, artwork, audio and video clips, design, software, graphic material, trademarks, service marks and trade names, and all intellectual property rights in and to such items, constitute the sole and exclusive property of Indigo (“Property”). You are granted a personal, non-exclusive, non-assignable, and non-transferable license to use the Property for non-commercial and personal, informational use only.
“Indigo Kinetics,” “MELT Seattle,” “NaabLevy,” our logos, and any other product or service name or slogan contained in the Websites are our trademarks and may not be copied, imitated, or used, in whole or in part, without the prior written permission of us. All other trademarks, registered trademarks, product names, and logos mentioned on the Websites are the property of their respective owners.
Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise do not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
The Websites Do Not Provide Medical Advice
All material appearing on the Websites or distributed through the Websites, including but not limited to text, graphics, images, video, digital media, and third-party content is for informational purposes only. It is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read, heard, or viewed on the Websites.
Terms of Sale
All sales from the Websites are governed by the terms identified therewith. The applicable terms are subject to change without notice, at any time, and in our sole discretion, so you should review the applicable terms each time you make a purchase from the Websites.
You are requested not to impede or inhibit any other user of the Websites. By using the Websites, you agree not to disrupt or interfere with the security of, or otherwise abuse, the Websites; upload, post, or otherwise transmit through or on the Websites any viruses or other harmful, disruptive, or destructive files; or transmit through or on the Websites spam, chain letters, junk mail, or other types of unsolicited mass email to people or entities who have not agreed to be part of such mailings.
Indigo reserves the right to remove any content that it in its sole discretion believes is infringing, defamatory, illegal, or offensive, or otherwise as may be permitted under applicable law. Further, any unauthorized or prohibited use may additionally subject the offender to civil liability and criminal prosecution under applicable federal and state law.
As a condition of your use of the Websites, you warrant that you will not use the Websites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Websites in any manner that could damage, disable, overburden, or impair the Websites or interfere with any other party’s use and enjoyment of the Websites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Websites.
If you believe that anything available on the Websites infringes upon any copyright you own or control, you may request removal of those materials by emailing firstname.lastname@example.org.
Third Party Websites
The Websites may contain links to other websites. Those websites are not under our control and we are not responsible for the content on such websites. We are providing these links to other websites as a convenience to you only and the inclusion of any link does not imply endorsement by us of the applicable website or any association with its operators. When you leave the Websites, you should be aware that our terms and policies no longer govern and should review the applicable terms and policies, including privacy and data gathering practices, of any other website.
Third Party Content
We may provide third party content on the Websites (“Third Party Content”) as a service to those interested in this information. We do not monitor or have control over Third Party Content.
Unless otherwise expressly stated by us, we do not endorse or adopt, and we are not responsible or liable for, any Third Party Content. We do not make any representations or warranties of any kind regarding the Third Party Content, including, without limitation, any representations or warranties regarding its accuracy, completeness, or non-infringement. We undertake no responsibility to update or review any Third Party Content and you use such content contained herein at your own risk.
You agree to indemnify, defend, and hold harmless, Indigo, its Members, Managers, employees, agents, and representatives from and against all losses, expenses, damages, and costs, including reasonable attorney fees and costs, resulting from any violation of these Terms by you. Indigo reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Indigo in asserting any available defense.
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITES IS AT YOUR SOLE RISK.
INDIGO DOES NOT WARRANT THAT THE WEBSITES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES OR AS TO THE ACCURACY, RELIABILITY, SECURITY, OR CONTENT OF ANY INFORMATION OR SERVICE CONTAINED IN OR PROVIDED THROUGH THE WEBSITES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITES AND ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS PROVIDED IN CONNECTION THEREWITH ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. YOU AGREE TO DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
ADVICE RECEIVED FROM THE WEBSITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. YOU ACKNOWLEDGE THAT YOUR DIET AND EXERCISE ACTIVITIES INVOLVE RISKS, WHICH MAY INCLUDE THE RISK OF BODILY INJURY OR DEATH, AND THAT YOU ASSUME THOSE RISKS. YOU SHOULD CONSULT A LICENSED PHYSICIAN PRIOR TO BEGINNING OR MODIFYING ANY DIET OR EXERCISE PROGRAM THAT YOU UNDERTAKE, AND YOU ACKNOWLEDGE THAT WE HAVE ADVISED YOU OF THE NECESSITY OF OBTAINING SUCH CONSULTATIONS. THE INFORMATION CONTAINED ON THE WEBSITES IS FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY AND IS IN NO WAY INTENDED TO PROVIDE MEDICAL ADVICE. IN ADDITION TO THE OTHER LIMITATIONS AND DISCLAIMERS IN THESE TERMS, INDIGO DISCLAIMS ANY AND ALL LIABILITY OR LOSS IN CONNECTION WITH YOUR USE OF THE WEBSITES OR ANY DIET, EXERCISE, OR OTHER ACTIVITY THAT YOU UNDERTAKE IN CONNECTION WITH YOUR USE OF THE WEBSITES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INDIGO BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, DATA, OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITES, THE DELAY OR INABILITY TO USE THE WEBSITES, OR RELATED SERVICES THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.
Applicable Law and Venue
These Terms and your use of the Websites shall be governed by and construed in accordance with the laws of the state of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Pierce County, Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these Terms.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
These Terms are not intended to alter the terms or conditions of any other agreement you may have with Indigo. These Terms may not be altered by action, inaction, or course of dealing between the parties. These terms may only be altered by prior written mutual agreement between you and Indigo or Indigo posting revisions on the Websites. Failure by Indigo to object to your behavior, conduct, or action does not constitute a consent, ratification, or waiver of objection.