Terms of Service
Introduction
Welcome to Indigo Listings (the "Platform").
We are pleased to provide you with access to Indigo Listings, an online platform designed to facilitate the posting, browsing, and interaction with advertisements for goods, services, and opportunities. Our goal is to create a secure and user-friendly environment for all Users.
Agreement to Terms
By accessing, browsing, or using any features of the Platform, you acknowledge that you have read, understood, and agree to comply with and be bound by these Terms of Service (the "Terms"). Your continued use of the Platform constitutes your acceptance of these Terms, as they may be updated or amended periodically.
Legal Binding Agreement
These Terms form a legally binding agreement between you, the User, and indigolistings LLC ("Company," "we," "us," or "our"). They govern your use of the Platform, including any features, functionalities, or services offered therein. If you are entering into these Terms on behalf of an entity, you represent that you have the authority to bind that entity to these Terms.
Consent and Termination of Use
If you do not agree to these Terms or any updates to them, you must cease using the Platform immediately. Continued use of the Platform after any modifications to these Terms will constitute your acknowledgment and acceptance of the changes.
Communication and Notices
By using the Platform, you consent to receive communications from us electronically. We may communicate with you via email, in-app notifications, or other electronic means. All such communications are deemed to satisfy any legal requirements for written communication.
Definitions
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User: Any individual, group, or entity that accesses, interacts with, or utilizes the Platform for any purpose, including but not limited to posting Listings, browsing content, or engaging in Transactions.
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Listing: Any advertisement, offer, or post created by a User and made available on the Platform. Listings may encompass goods, services, events, opportunities, or other items as allowed under the Terms.
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Services: The various functionalities and offerings provided by the Platform. These include, but are not limited to, tools for creating and managing Listings, communication between Users, and features facilitating Transactions.
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Content: Any data, information, text, images, videos, or other materials uploaded, posted, transmitted, or otherwise made available by Users on the Platform. This includes Listings, user profiles, and any communications made through the Platform.
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Transaction: Any interaction, negotiation, agreement, or exchange of goods, services, or value between Users facilitated by the Platform. Indigolistings LLC is not a party to Transactions and does not guarantee their success, quality, or outcome.
User Obligations and Responsibilities
Age Requirement
- Users must be at least 18 years old to use the Platform.
Information Accuracy
- Users must provide accurate, complete, and current information during the registration process.
Account Security
- Users must maintain the confidentiality of their account credentials and are responsible for all activities that occur under their account.
Legal Compliance
- Users must comply with all applicable laws and regulations, including data privacy laws and consumer protection laws.
Due Diligence
- Users are responsible for conducting their own due diligence before engaging in any Transaction.
Prohibited Activities
- Users must not use the Platform for any unlawful purpose or to promote illegal activities.
Content Standards
- Users must not post any Content that is false, misleading, defamatory, or infringes on the rights of others.
Automated Systems
- Users must not use any automated systems, including robots, spiders, or offline readers, to access the Platform in a manner that sends more request messages to the servers of the Platform than a human can reasonably produce in the same period by using a conventional online web browser.
Platform Integrity
- Users must not interfere with or disrupt the Platform or servers or networks connected to the Platform, including by transmitting any worms, viruses, spyware, malware, or any other code of a destructive or disruptive nature.
Unauthorized Access
- Users must not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform.
Listings
Listing Creation
- Users may post Listings for items or services they wish to advertise.
Listing Responsibility
- Users are solely responsible for the content of their Listings and ensuring it complies with all applicable laws.
Listing Visibility
- Users agree that their Listings will be visible to other Users of the Platform and may also appear in search engine results and other publicly available platforms.
Content License
- Users grant Indigolistings a non-exclusive, worldwide, royalty-free, fully paid, sublicensable, and transferable license to use, modify, reproduce, distribute, display, and perform the Content of their Listings in connection with operating and promoting the Platform.
Limitation of Liability
General Limitation
- Indigolistings is not liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from any aspect of your use of the Platform, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses.
Content Accuracy
- Indigolistings does not guarantee the accuracy, integrity, or quality of any Content posted on the Platform.
Fraudulent Activities
- Indigolistings is not responsible for any fraudulent activities conducted by Users.
Platform Usage
- Users acknowledge that they use the Platform at their own risk and that Indigolistings provides the Platform on an "as is" and "as available" basis.
Platform Availability
- Indigolistings does not warrant that the Platform will be uninterrupted, timely, secure, or error-free, or that any defects in the Platform will be corrected.
Content Reliability
- Indigolistings does not warrant or make any representations regarding the use or the results of the use of any Content on the Platform in terms of its correctness, accuracy, reliability, or otherwise.
Indemnification
User Indemnification
- Users agree to indemnify and hold harmless Indigolistings, its affiliates, officers, agents, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content Users submit, post, transmit, or otherwise make available through the Platform, their use of the Platform, their violation of these Terms, or their violation of any rights of another.
Indemnification Survival
- This indemnification obligation will survive the termination of the User's account or use of the Platform.
Refund Policy
Policy Overview
Indigolistings is committed to providing high-quality membership services and advertising value to all Users. We offer a 30-day money-back guarantee on all new monthly and yearly membership purchases if Users are not completely satisfied or if their Listings do not meet Indigolistings’ quality standards.
Eligibility for Refund
- Indigolistings is committed to providing high-quality membership services and advertising value to all Users. We offer a 30-day money-back guarantee on all new monthly and yearly membership purchases if Users are not completely satisfied or if their Listings do not meet Indigolistings’ quality standards.
- The User is not satisfied with the quality or functionality of the membership services, or
- The Listings posted through the membership fail to meet Indigolistings’ stated quality or performance standards.
- Renewals, plan upgrades, or subsequent billing periods after the initial 30-day window are non-refundable, except in cases where a verified technical error caused the service not to function as intended.
Listing Quotas and Usage
- Each membership plan includes a specific quota of Listings that can be posted during the active billing period.
- Refunds cannot be issued once a User has fully or partially used their Listing quota unless the Listing(s) fail to meet Indigolistings’ quality standards due to a technical or editorial issue directly attributable to the Platform.
- Users are responsible for ensuring all Listing content is accurate, complete, and compliant before publishing.
Refund Process
To request a refund, Users must send a written email to support@indigolistings.com within the applicable refund window. Refund requests must include:
- The User’s full name and account email
- The date of purchase
- The membership plan (monthly or yearly)
- A brief explanation of the reason for the refund request
Indigolistings will review all refund requests within 10 business days and notify the User of the outcome. If approved, the refund will be issued to the original payment method within a reasonable timeframe.
At its sole discretion, Indigolistings may alternatively offer a service credit or membership extension as a resolution.
Quality Standards
Indigolistings maintains strict moderation and quality standards for all Listings. If a Listing fails to meet these standards due to a technical or editorial error caused by Indigolistings, the Listing will be corrected, re-posted, or refunded at no additional cost to the User.
Subscription Cancellations
- Users may cancel their membership at any time through their account settings or by contacting support.
- Cancellations take effect at the end of the current billing cycle.
- No prorated or partial refunds are provided for unused time or unused Listing quotas once a billing period has begun.
No Guarantee of Results
Indigolistings does not guarantee specific outcomes, leads, or sales performance from any membership or Listing. Dissatisfaction with engagement results alone does not qualify for a refund.
Policy Acknowledgment
By purchasing a monthly or yearly membership and using the Platform’s services, Users acknowledge that they have read, understood, and agreed to this Refund Policy, including the 30-day money-back guarantee, limitations, and exclusions.
Payment Processing
Platform Role
Indigolistings does not process, manage, or facilitate payments or financial transactions between Users. All payment arrangements and exchanges of value for goods, services, or Listings must be conducted directly between the Users involved. The Platform solely acts as a venue for Users to connect and does not participate in the payment process in any capacity.
User Responsibility
Users are solely responsible for independently determining and agreeing upon payment methods, terms, and conditions for Transactions conducted through the Platform. These payment arrangements must be handled outside the Platform, utilizing mutually agreed-upon methods such as bank transfers, digital wallets, or other payment services.
Liability Disclaimer
Indigolistings is not a party to any financial or contractual arrangements made between Users and expressly disclaims all liability for disputes, delays, non-payment, fraud, or other issues arising from payment transactions. Users must resolve such issues directly with one another and/or with the payment service providers used.
Legal Compliance
Users agree to comply with all applicable laws, regulations, and terms of service of the payment service providers they select for Transactions conducted via the Platform. This includes adhering to anti-fraud measures, verifying the legitimacy of the transaction counterpart, and honoring agreed-upon payment commitments.
Risk Acknowledgment
By engaging in Transactions through the Platform, Users acknowledge and accept the inherent risks associated with independent payment processing, including but not limited to loss, fraud, unauthorized transactions, or miscommunication. Users are encouraged to take appropriate precautions, such as using reputable payment services and documenting transaction agreements.
Recommended Practices
To enhance safety and reduce risks, Indigolistings recommends the following practices for Users engaging in Transactions:
- Utilize trusted and verified payment services.
- Clearly document all transaction terms, including payment amounts, deadlines, and delivery expectations.
- Avoid sharing sensitive financial information unless absolutely necessary and ensure secure communication channels are used.
- Retain records of all payment-related communications and receipts for future reference.
Dispute Resolution
While Indigolistings does not mediate payment disputes, we encourage Users to report incidents involving potential fraud or malicious activity to help maintain a safe and trusted community. Any such reports will be reviewed, and appropriate action may be taken, such as suspending or banning violators from the Platform.
Dispute Resolution
Arbitration
Any disputes arising out of or related to these Terms or the use of the Platform shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
Jury Trial Waiver
Users agree to waive their right to a jury trial.
Arbitration Location
The arbitration shall take place in Delaware, USA, and the language of the arbitration shall be English.
Claims Limitation
Users agree that any claim or cause of action arising out of or related to the use of the Platform or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Injunctive Relief
Users agree that Indigolistings may seek injunctive or other appropriate relief in any state or federal court in the State of Delaware if necessary to protect its intellectual property rights or prevent a breach of these Terms.
Data Privacy and Compliance
Legal Compliance
Indigolistings is committed to adhering to all applicable data privacy, consumer protection, and related regulations in the jurisdictions in which we operate. This includes, but is not limited to, compliance with laws such as the General Data Protection Regulation (GDPR) in the European Union, the California Consumer Privacy Act (CCPA) in the United States, and other similar laws designed to protect consumer rights and personal information.
Privacy Policy
By accessing or using the Platform, Users agree to the collection, use, processing, and disclosure of their personal information as outlined in our Privacy Policy. This includes the use of personal data for purposes such as providing the Platform's services, improving user experience, conducting analytics, and complying with legal obligations. Users are encouraged to review the Privacy Policy carefully to understand how their information is handled.
User Responsibility
Users of the Platform are responsible for ensuring that their use of the Platform complies with all applicable data privacy and consumer protection laws in their respective jurisdictions. This responsibility extends to any personal information they collect, process, or share through the Platform, including in connection with Listings, communications, or Transactions.
Data Transfer
Users acknowledge and consent to the transfer, storage, and processing of their personal data in the United States or any other country where Indigolistings, its affiliates, or its service providers operate. While these locations may not have the same data protection standards as the jurisdiction where the User resides, Indigolistings takes appropriate measures to ensure that User data is protected in accordance with applicable laws and best practices.
Security Measures
Indigolistings employs reasonable administrative, technical, and physical safeguards to protect the confidentiality, integrity, and availability of personal data collected through the Platform. These measures include encryption, access controls, and regular security assessments. However, Users acknowledge that no system or transmission of data over the internet is entirely secure, and Indigolistings cannot guarantee the absolute security of personal information. Users are encouraged to take their own precautions, such as using strong passwords and safeguarding their account credentials.
Jurisdictional Compliance
Indigolistings operates in multiple jurisdictions and strives to comply with all relevant local laws governing data privacy, consumer protection, and other regulations applicable to the operation of the Platform. Users engaging with the Platform from specific jurisdictions should be aware that additional rights or obligations may apply to them under local law.
Third-Party Services
The Platform may rely on third-party service providers to perform functions such as hosting, analytics, and payment processing. These providers are contractually obligated to use personal data only as necessary to provide their services and in compliance with applicable privacy laws. Users agree to the sharing of their information with such providers as described in our Privacy Policy.
User Rights
Depending on the jurisdiction, Users may have certain rights regarding their personal data, including the right to access, correct, delete, or restrict the processing of their data. Users may also have the right to withdraw consent where processing is based on consent. Requests to exercise these rights can be made through the contact information provided in our Privacy Policy, and Indigolistings will respond in accordance with applicable laws.
Policy Updates
Indigolistings reserves the right to update or amend its data privacy practices and policies as needed to reflect changes in legal requirements, technological advancements, or operational needs. Users will be notified of significant changes through updates to the Privacy Policy or other appropriate means.
Disclaimer
User Honesty
Indigolistings does not guarantee the honesty of Users or the accuracy of User-provided information.
Due Diligence
Users are responsible for conducting their own due diligence before engaging in any transaction.
Third-Party Links
The Platform may contain links to third-party websites or services that are not owned or controlled by Indigolistings. Indigolistings is not responsible for the content, privacy policies, or practices of any third-party websites or services.
Third-Party Usage
Users acknowledge that their use of any third-party websites or services is at their own risk and that Indigolistings is not liable for any damages or losses arising from such use.
Content Removal
Indigolistings reserves the right to remove or disable access to any Listing or Content that violates these Terms or is otherwise objectionable, without prior notice or liability.
Amendments
Modification Rights
Indigolistings reserves the right to modify or amend these Terms at any time.
Notification
Users will be notified of any changes to these Terms through the Platform.
Continued Use
Continued use of the Platform after any such changes shall constitute your consent to such changes.
Termination
Account Termination
Indigolistings may terminate or suspend a User's account and access to the Platform at any time, without prior notice or liability, for any reason whatsoever, including without limitation if the User breaches these Terms.
Access Cessation
Upon termination, the User's right to use the Platform will immediately cease.
User Termination
Users may terminate their account at any time by following the instructions provided on the Platform. Upon termination, Users are not entitled to any refunds.
Survival of Terms
All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Intellectual Property Rights
Platform Ownership
The Platform and its original content, features, and functionality are and will remain the exclusive property of Indigolistings and its licensors.
Legal Protection
The Platform is protected by copyright, trademark, and other laws of both the United States and foreign countries.
Prohibited Actions
Users agree not to copy, modify, create derivative works from, reverse engineer, decompile, or disassemble any part of the Platform or its content.
Trademark Usage
Users agree not to use any trademarks, logos, or trade names of Indigolistings without our prior written consent.
Notices
Contact Information
All notices or other communications required or permitted to be given under these Terms will be in writing and delivered to:
Indigolistings LLC
1111B S Governors Ave STE 23454
Dover, DE, 19904 US
Email: support@indigolistings.com
Force Majeure
Uncontrollable Events
Indigolistings shall not be liable for any failure to perform its obligations under these Terms if such failure results from any cause beyond its reasonable control, including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
No Waiver
Waiver Effect
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Indigolistings' failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Severability
Invalid Provisions
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
Modification of Invalid Provisions
If any provision of these Terms is found to be invalid or unenforceable, the provision will be modified so as to be valid and enforceable to the fullest extent permitted by law, while preserving the original intent of the provision.
Entire Agreement
Complete Agreement
These Terms, together with our Privacy Policy and any other legal notices published by Indigolistings on the Platform, constitute the entire agreement between you and Indigolistings concerning your use of the Platform.
Assignment
User Assignment
Users may not assign or transfer their rights or obligations under these Terms without the prior written consent of Indigolistings.
Company Assignment
Indigolistings may freely assign or transfer its rights and obligations under these Terms without restriction.
Headings
Section Headings
The section headings in these Terms are for convenience only and have no legal or contractual effect.
Contact Information
For any questions or concerns regarding these Terms, please contact us at:
- Email: support@indigolistings.com
- Address: 1111B S Governors Ave STE 23454, Dover, DE, 19904 US