Terms & Conditions
This Web site is owned and operated by Indy Spirit, LLC (“Indy Spirit”). Indy Spirit is pleased to offer its products and provide other related information and materials to you through this Web site.
I. LICENSE GRANT. Subject to your continued compliance with the terms and conditions of this TOU, Indy Spirit provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Site. You may download and print materials and information from the Site solely for your personal use, provided that you do not remove from any such hard copies any copyright and/or other applicable intellectual property notices. Notwithstanding the foregoing license grant, you hereby acknowledge and agree that (i) the content layout, formatting, and features of and access privileges for the Site shall be determined by Indy Spirit in its sole and absolute discretion; (ii) Indy Spirit has the right to control and direct the means, manner, and method by which the Site is provided; (iii) Indy Spirit may, from time to time, engage independent contractors, consultants, or subcontractors to aid Indy Spirit in providing the Site or use thereof; and (iv) Indy Spirit has the right to provide the Site to others. In addition, you hereby acknowledge and agree that this TOU provides you with only a limited license to access and use the Site. Accordingly, you hereby acknowledge and agree that Indy Spirit transfers no ownership or intellectual property interest or title in and to the Site to you or anyone else under this TOU. Indy Spirit hereby reserves any and all intellectual property rights not otherwise expressly granted in this TOU.
II. RESTRICTIONS. Notwithstanding the foregoing license grant, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein, the Site. Specifically, and by way of illustration and not limitation, you may not separate and use any graphics, interfaces, photographs, audio, video, sounds, artwork, designs, computer code (including html code), programs, software, and documentation found on or accessible through the Site. Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or any other device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site in order to obtain or attempt to obtain any materials, pictures, documents, or any other information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to (a) any portion or feature of the Site, (b) any other systems or networks connected to the Site, (c) any Indy Spirit server, or (d) to any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Indy Spirit’s systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person’s use of the Site, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Indy Spirit on or through the Site, (viii) use the Site to harvest or collect e-mail addresses or other contact information; or (ix) use the Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Indy Spirit. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DOWNLOADING, COPYING OR REPRODUCING ANY MATERIALS PROVIDED BY INDY SPIRIT TO ANY OTHER SERVER, HARD DRIVE OR LOCATION FOR THE PURPOSE OF REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
III. USER OBLIGATIONS. By installing, accessing, or using this Site you hereby represent that you are of the legal age to execute a legally enforceable contract under the laws of the state and/or country in which you reside and will, at all times, provide true, accurate, current, and complete information when submitting information to this Site, including, without limitation, when you provide any information to Indy Spirit via an email or any registration or submission form found on the Site. If you provide any false, inaccurate, untrue, or incomplete information, Indy Spirit reserves the right to in its sole discretion immediately and without notice terminate your access to and use of this Site and/or cancel any of your pending product purchases or transactions with Indy Spirit. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of this Site. You also acknowledge and agree that use of the Internet and this Site are solely at your own risk. While Indy Spirit has endeavored to create a secure and reliable Site, the confidentiality of any communication or material transmitted to/from the Site over the Internet or any other form of global communication network cannot be guaranteed. Accordingly, Indy Spirit is not to any degree responsible or liable for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. You must make your own determination as to these issues.
IV. ON-LINE-PURCHASES; SPECIFIC PROGRAMS; OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions (including, without limitation, payment terms) may apply to the purchase of goods, participation in a particular program, and/or to specific portions or features of the Site, all of which are made a part of this TOU by this reference. You agree to abide by such other notices, terms, and conditions, including where applicable representing that you are of sufficient legal age to acquire a product and/or use or participate in any program, service, or feature. If there is a conflict between this TOU and the terms posted for or applicable to a specific portion of the Site, including any areas to enable the on-line purchase of items or for any service, program, or product offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site. Indy Spirit’s obligations, if any, with respect to its services, programs, and/or products are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such terms, conditions, notices, and agreements.
VI. PROPRIETARY RIGHTS. All text, graphics, user interfaces, visual interfaces, photographs, audio, video, sounds, images, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Site, unless otherwise expressly indicated in writing, are owned, controlled, and licensed exclusively by Indy Spirit and/or its suppliers and are protected by United States and foreign laws including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except for the license grant as expressly provided in this TOU, Indy Spirit does not grant any express or implied intellectual property or proprietary right to you or any other person. Your unauthorized use of this Site may violate intellectual property or other proprietary rights laws of the United States and/or a foreign nation, as well as other laws, regulations, and statutes. Be advised that Indy Spirit actively and aggressively enforces its intellectual property rights to the fullest extent of the law. This Web site is Copyright © 2014 Indy Spirit and/or its licensors. All rights reserved. Indy Spirit also owns a copyright in the contents of the Site as a collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Site. Any downloadable or printable programs, information, or materials available through this Site and all intellectual property and/or proprietary rights related thereto, unless otherwise expressly indicated in writing, are owned exclusively by Indy Spirit or others who have authorized their use by Indy Spirit. INDY SPIRIT, the Indy Spirit logo, and all other names, logos, and icons identifying Indy Spirit are owned exclusively by Indy Spirit or others who have authorized their use by Indy Spirit, and any use of such marks without the prior express written permission of Indy Spirit is hereby strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
VII. ENFORCING SECURITY ON THE SITE. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. Indy Spirit reserves the unqualified right to view, monitor, and record activity on the Site without any notice to or permission from you. Any information obtained by monitoring, reviewing, or recording your use of the Site is subject to review by law enforcement organizations in the sole and absolute discretion of Indy Spirit. Indy Spirit will also comply with all legally binding requests for such information including, without limitation, the provision of information pursuant to a court order. In addition to the foregoing, and in its sole and absolute discretion, Indy Spirit reserves the right, to at any time and without advance notice, modify, suspend, terminate, or temporarily interrupt operation of or access to the Site or any portion thereof.
VIII. SUBMISSIONS. Indy Spirit welcomes your feedback and suggestions about how to improve the Site and/or the products and services of Indy Spirit. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to Indy Spirit, you represent and warrant that such feedback does not infringe, misappropriate, and/or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey such feedback to Indy Spirit. In addition, any feedback received through this Site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, sublicensable, non-exclusive right and license for Indy Spirit to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby expressly waive any claim to the contrary.
IX. THIRD PARTY PRODUCTS/SERVICES. Indy Spirit, in its sole and absolute discretion, may post the advertisements of third parties on this Site and/or feature materials, programs, products, and services provided by third parties. Indy Spirit makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third party materials, programs, products, and services or any other materials, programs, products, and services which you may access through such third party materials, programs, products, and services. Your correspondence or any other dealings with third parties found on this Site are solely between you and such third party. Indy Spirit expressly disclaims responsibility and liability for all third party provided materials, programs, products, and services contained on or accessed through the Site, and you agree that Indy Spirit shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties’ materials, programs, products, and services on this Site.
X. LINKS TO OTHER SITES. Indy Spirit may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating related information, products, and services. These other sites have not necessarily been reviewed by Indy Spirit and may be maintained by third parties over which Indy Spirit exercises no control. Accordingly, Indy Spirit expressly disclaims any responsibility for the content, materials, accuracy of information, and/or quality of the products or services provided by, available through, or advertised on these third party web sites. Moreover, these links do not imply an endorsement with respect to any third party or any web site or the products or services provided by any third party.
XI. LINKS TO THE SITE. Indy Spirit encourages and permits text links to this Site. However, Indy Spirit is an organization committed to the highest ethics and standards. Therefore, any links to this Site should not suggest that Indy Spirit promotes or otherwise endorses any third party products, services, programs, causes, campaigns, website, or information unless Indy Spirit has provided express prior written consent for such promotion or endorsement.
XII. DISCLAIMER. THE SERVICES AND MATERIALS AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. INDY SPIRIT DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY AUDIO, VISUAL, OR VIDEO CONTENT POSTED, MADE AVAILABLE THROUGH, OR ACCESSIBLE ON THE SITE. MOREOVER, INDY SPIRIT MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE SERVICES AND MATERIALS AVAILABLE ON THE SITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. INDY SPIRIT MAY IN ITS SOLE AND ABSOLUTE DISCRETION AND WITHOUT ADVANCE NOTICE MAKE MODIFICATIONS AND/OR CHANGES TO THE SITE AND/OR THE SERVICES AND MATERIALS AVAILABLE ON THE SITE AT ANY TIME. YOU ASSUME THE SOLE RISK OF USING AND/OR RELYING ON THE SERVICES AND MATERIALS AVAILABLE ON THE SITE.
XIII. LIMITATION OF LIABILITY. You expressly absolve and release Indy Spirit from any claim of harm resulting from a cause beyond Indy Spirit’s reasonable control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL INDY SPIRIT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR THE SERVICES AND MATERIALS AVAILABLE THROUGH THE SITE, OR OTHERWISE ARISING OUT OF UTILIZATION OF THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF INDY SPIRIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF INDY SPIRIT FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SITE, OR THE USE OF INDY SPIRIT’S SERVICES AND MATERIALS, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO INDY SPIRIT DURING THE PAST SIX MONTHS IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
XIV. INDEMNITY. You agree to defend, indemnify, and hold harmless Indy Spirit and its affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from any breach by you of this TOU.
XV. GOVERNING LAW. This TOU has been made in and will be construed and enforced in accordance with the laws of the State of Virginia without regard to its principles of conflicts of laws. Any action by you relating to this TOU, or to Indy Spirit’s services and materials accessed or purchased through this Site, shall be brought only in the federal or state courts presiding in Virginia, U.S.A., and all parties to this TOU expressly agree to be subject to the jurisdiction of such courts. A printed version of this TOU and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOU to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The Site is controlled and operated by Indy Spirit from its offices and facilities within the United States. Indy Spirit makes no representation that the Site is appropriate or available for use in other locations, and access to the Site from territories or nations where any aspect of the Site are illegal is prohibited. You access the Site on your own volition and are responsible for compliance with all applicable local laws.
XVI. TERM AND TERMINATION. This TOU will take effect at the time you click “I ACCEPT” or words of similar significance, submit information through this Site, respond to a request for information, and/or begin installing, accessing, or using the Site, whichever is earliest. Indy Spirit reserves the right at any time and without notice to deny you access to the Site or to any portion thereof and to terminate your rights under this TOU, in its sole and absolute discretion. Your rights under this TOU will terminate automatically if you fail to comply with this TOU, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. Upon termination, you must destroy all copies of any aspect of the Site in your possession. The provisions concerning proprietary and intellectual property rights, submissions, indemnity, disclaimers of warranty and liability, admissibility of this TOU, and governing law will survive the termination of this TOU for any reason.
XVII. WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by Indy Spirit of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision drafted and provided by Indy Spirit in its sole and absolute discretion that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
XIX. CONTACT INFORMATION. If you have questions regarding this Site or if you are interested in obtaining more information concerning Indy Spirit and its products or services or permission to use any Indy Spirit’s content, please contact the Indy Spirit at (866) 205-9882.