Terms of Service

1 . Preamble

This document governs your relationship with indigex.com and all subdomains of indigex.com including but not limited to shop.indigex.com, proav.indigex.com, security.indigex.com, and telecom.indigex.com ("Provider Websites"). Innovative Networks, Inc. d.b.a. INDIGEX ("Provider") owns and operates Provider Websites. Access to and use of Provider Websites and the products and services available through them (collectively "Services") are subject to the following terms, conditions, and notices ("Terms of Service"). By using the Services, you are agreeing to the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

2 . Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found at Privacy Policy or by clicking the "Privacy" link at the bottom of the home page of each of the Provider Websites. By using Provider Websites, you consent to the processing described therein and warrant that all data provided by you is accurate.

3 . Prohibitions

You must not misuse Provider Websites. You will not:

• commit or encourage a criminal offense;
• transmit or distribute a virus, trojan, worm, or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
• hack into any aspect of the Services;
• corrupt data;
• cause annoyance to other users;
• infringe upon any other person's proprietary rights;
• send any unsolicited advertising or promotional material, commonly referred to as "spam"; or
• attempt to affect the performance or functionality of any computer facilities of or accessed through Provider Websites.

Breaching this provision may constitute a criminal offense and Provider may report any such breach to the relevant law enforcement authorities and disclose your identity to them.

Provider will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that my infect your computer equipment, computer programs, data or other proprietary material due to your use of Provider Websites or to your downloading of any material posted on them, or any websites linked to them.

4 . Monitoring

Provider shall have the right, but not the obligation, to monitor the content of Provider Websites, including chat and forums, to determine compliance with this agreement and any operating rules established by Provider and to satisfy any law, regulation or authorized government request. Provider shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Provider Websites. Without limiting the foregoing, Provider shall have the right to remove any material that Provider, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

5 . Copyright

Provider Websites contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of Provider Websites are copyrighted as a collective work under the copyright laws of the United States of America. Provider owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Provider and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

You shall not upload, post or otherwise make available on Provider Websites any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of Provider Websites, you automatically grant, or warrant that the owner of such material has expressly granted Provider the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user to access, view, store or reproduce the material for that user's personal use. You hereby grant Provider the right to edit, copy, publish and distribute any material made available on Provider Websites by you.

INDIGEX, Innovative Networks, Inc., and their logos are trademarks of Provider, all rights reserved. All other trademarks appearing on Provider Websites are the property of their respective owners.

The foregoing provisions of this section are for the benefit of Provider, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

6 . User Account Information

Some Services require you to open an account. When opening an account you must complete the registration process by giving Provider your current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Provider immediately of any unauthorized use of your account or any other breach of security. Provider will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Provider or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

7 . Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to the availability and subject to any delays resulting from logistics delays or force majeure for which we will not be responsible.

In order to contract with Provider you must be over eighteen years of age and posess a valid credit or debit card issued by a bank acceptable to us. Provider retains the right to refuse any request made by you. If your order is accepted, we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Provider or in some cases be a third party. Where a contract is made with a third party, Provider is not acting as either agent or principal, and the contract is made between yourself and that third party and will be subject to the terms of sale which the third party supplies to you.  When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of products and services may fluctuate. All prices advertised are subject to changes.

Our Contract

When you place an order, you will receive an acknowledgement email confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by email that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation email sent at the time of dispatch will be included in the contract formed.

Pricing and Availability

While we try to ensure that all details, descriptions and prices which appear on Provider Websites are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the total cost.

Payment

Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

8 . Computing Device Disclosures

Usable Storage

Listed storage for computer systems is total storage. System software and updates use significant storage space; your storage capacity will be less. 1 GB = 1 billion bytes. 

9 . Return and Refund Policy

Most products we sell may be returned within thirty days for a full refund if you are not satisfied. Any product marked with "All Sales Final" or similar text does not qualify for return or refund. In order to return your product and obtain a refund, please contact our Customer Service.  The following rules apply to returns and/or refunds.

• You must obtain an RMA number by contacting Customer Service.
• Products must be returned with all original retail packaging.
• Returns may be subject to a 15% restocking fee.
• Returned products that were not purchased from Provider will be rejected.
• Returned products that, after inspection, do not display a problem originally described by the customer may be rejected.
• Returned products that are physically damaged may be rejected if the damage was not reported as a shipping problem.
• Products for which you have submitted a mail-in rebate may not be returned.
• Products that have been altered in any way may not be returned.

Refunds will generally be provided as a credit to the credit card used at the time of purchase.  Undisputed refunds will be issued within five (5) business days upon receipt of the returned merchandise.

10 . Shipping Policy

Most items will ship within one business day of purchase.  If an item is backordered, you will be promptly notified.

We determine the most efficient shipping carrier for your order and charge for shipping in accordance with the shipping terms of each transaction. In some cases, you may be able to specify the carrier for shipping and provide your account number for billing purposes. Please contact Customer Service to arrange alternate shipping methods. The carriers we usually permit are US Postal Service (USPS), United Parcel Service (UPS) or FedEx. We do not ship to P.O. Boxes, and under most circumstances, we will not ship to addresses outside of the United States of America.

Whenever possible, tracking information will be provided with your order so that you can track the progress of shipping and estimate delivery time(s). 

11 . Disclaimer of Liability

The material displayed on Provider Websites is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Provider and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of Provider Websites or Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contact, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Provider's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

12 . Access and Linked Websites

Access to Provider Websites is permitted on a temporary basis, and Provider reserves the right to withdraw or amend Services without notice. We will not be liable if for any reason one or more of Provider Websites are unavailable at any time for any period. From time to time, we may restrict access to some parts or all of these websites.

Provider Websites may contain links to other websites ("Linked Websites"), which are not operated by Provider.  Provider has no control over Linked Websites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of Linked Websites will be subject to the terms of use and service contained within each such site.

13 . Linking to this Website

You may link to our home page or other pages on Provider Websites, provided you do so in a way that is fair and legal and does not damage Provider's reputation or take advantage of it, but you must not establish a link in such way as to suggest any form of association, approval or endorsement on your part where none exists. You must not establish a link from any website that is not owned by you. Provider Websites must not be framed on any other site. We reserve the right to withdraw linking permission without notice.

14 . Disclaimer as to Ownership of Third-Party Materials

Except where expressly stated to the contrary all persons (including their names and images), third-party trademarks and third-party content featured on Provider Websites are in no way associated, linked or affiliated with Provider and you should not rely on the existence of such a connection or affiliation. Any trademarks or names featured on Provider Websites are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products or services and is in no way an assertion that such products or services are endorsed by or connected to Provider.

15 . Notice Specific to Documents Available on Provider Websites

Permission to use documents (such as white papers, press releases, datasheets and FAQ's) from the Services is granted, provided that:

• the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear,
• use of such documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and
• no modifications of any documents are made.

Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Copyright Notice

Innovative Networks, Inc. d.b.a. INDIGEX ("Provider"), and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published as part of the services provided for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Provider and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether expressed, implied, or statutory, fitness for a particular purpose, title, and non-infringement. In no event shall Provider and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from the services provided.

The documents and related graphics published by Provider could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Provider and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

16 . Indemnity

You agree to indemnify, defend and hold harmless Provider, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of Provider Websites or your breach of these Terms of Service.

17 . Variation

Provider shall have the right in its absolute discretion at any time and with notice to amend, remove, or vary the Services and/or any page or page content of Provider Websites.

18 . Invalidity

If any part of these Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms of Service will not be affected. All other clauses remaining shall be in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as permitted by law.

19 . Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints, concerns or comments. 

20 . Termination of Access

Provider shall have the right to immediately terminate your account or your access to Provider Websites in their entirety in the event of any conduct by you which Provider, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Service.

21 . Miscellaneous

This Agreement shall be construed in accordance with the laws in effect in North Kansas City, Missouri, United States of America without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.  Any rights not expressly granted herein are reserved.

22 . Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Provider. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Provider.