LAST REVISED ON: NOVEMBER 17, 2020
This “Application” refers to the website located at www.indoorcollective.com, including its subdomains and anyother website through which the owner makes its Service available; applications for mobile, tablet and other smartdevices; any applications, sample and content files, source code, scripts, instruction sets or software included as partof the Service, as well as any related documentation.
The website www.indoorcollective.com is a copyrighted work belonging to Indoor Collective Inc (“Company”, “us”,“our”, and “we”). Certain features of the Application may be subject to additional guidelines, terms, or rules, whichwill be posted on the Application in connection with such features. All such additional terms, guidelines, and rulesare incorporated by reference into these Terms.
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 8.2) ON AN INDIVIDUAL BASIS TORESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THEREMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
1.1 Account Creation. In order to use certain features of the Application, you must register for anaccount (“Account”) and provide certain information about yourself as prompted by the account registration form.You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) youwill maintain the accuracy of such information. You may delete your Account at any time, for any reason, by followingthe instructions on the Application. Company may suspend or terminate your Account in accordance with Section 7.
1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Accountlogin information and are fully responsible for all activities that occur under your Account. You agree to immediatelynotify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach ofsecurity. Company cannot and will not be liable for any loss or damage arising from your failure to comply with theabove requirements.
2. ACCESS TO THE APPLICATION
2.1 License. Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Application solely for your own personal, noncommercial use.
2.2 Certain Restrictions. The rights granted to you in these Terms are subject to the followingrestrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commerciallyexploit the Application, whether in whole or in part, or any content displayed on the Application; (b) you shall notmodify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Application; (c)you shall not access the Application in order to build a similar or competitive website, app, product, or service; and(d) except as expressly stated herein, no part of the Application may be copied, reproduced, distributed, republished,downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any futurerelease, update, or other addition to functionality of the Application shall be subject to these Terms. All copyright and other proprietary notices on the Application (or on any content displayed on the Application) must be retained on allcopies thereof.
2.3 Modification. Company reserves the right, at any time, to modify, suspend, or discontinue theApplication (in whole or in part) with or without notice to you. You agree that Company will not be liable to you orto any third party for any modification, suspension, or discontinuation of the Application or any part thereof.
2.4 No Support or Maintenance. You acknowledge and agree that Company will have no obligationto provide you with any support or maintenance in connection with the Application.
2.5 Ownership. You acknowledge that all the intellectual property rights, including copyrights,patents, trademarks, and trade secrets, in the Application and its content are owned by Company or Company’ssuppliers. Neither these Terms (nor your access to the Application) transfers to you or any third party any rights, titleor interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section2.1. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses grantedunder these Terms.
3. INDEMNIFICATION. You agree to indemnify and hold Company (and its officers, employees, and agents)harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising outof (a) your use of the Application, (b) your violation of these Terms or (c) your violation of applicable laws orregulations. Company reserves the right, at your expense, to assume the exclusive defense and control of any matterfor which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agreenot to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notifyyou of any such claim, action or proceeding upon becoming aware of it.
4. THIRD-PARTY LINKS & ADS; OTHER USERS
4.1 Third-Party Links & Ads. The Application may contain links to third-party websites and services,and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links& Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads.Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review,approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You useall Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so.When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, includingthe third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary orappropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
4.2 Other Users. Your interactions with other Application users are solely between you and suchusers. You agree that Company will not be responsible for any loss or damage incurred as the result of any suchinteractions. If there is a dispute between you and any Application user, we are under no obligation to becomeinvolved.
4.3 Release. You hereby release and forever discharge the Company (and our officers, employees,agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute,claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (includingpersonal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relatesdirectly or indirectly to, the Application (including any interactions with, or act or omission of, other Application usersor any Third-Party Links & Ads).
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVECALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES:“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW ORSUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IFKNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THEDEBTOR.”
THE APPLICATION IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (ANDOUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANYKIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES ORCONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIETENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NOWARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ONAN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE,FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAWREQUIRES ANY WARRANTIES WITH RESPECT TO THE APPLICATION, ALL SUCH WARRANTIES ARELIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVEEXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOWLONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
6. LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OURSUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTSOF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS ORYOUR USE OF, OR INABILITY TO USE, THE APPLICATION, EVEN IF COMPANY HAS BEEN ADVISED OFTHE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE APPLICATION IS AT YOUR OWNDISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOURDEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THECONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM ORRELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORMOF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50).THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OURSUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THISAGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FORINCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOTAPPLY TO YOU.
7. TERM AND TERMINATION. Subject to this Section, these Terms will remain in full force and effect whileyou use the Site. We may suspend or terminate your rights to use the Application (including your Account) at anytime for any reason at our sole discretion, including for any use of the Application in violation of these Terms. Upontermination of your rights under these Terms, your Account and right to access and use the Application will terminateimmediately. Company will not have any liability whatsoever to you for any termination of your rights under theseTerms, including for termination of your Account. Even after your rights under these Terms are terminated, thefollowing provisions of these Terms will remain in effect: Sections 2.2 through 2.5 and Sections 3 through 8.
8.1 Changes. These Terms are subject to occasional revision, and if we make any substantial changes,we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or byprominently posting notice of the changes on our Application. You are responsible for providing us with your mostcurrent e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for anyreason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such noticewill nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms willbe effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Application. Thesechanges will be effective immediately for new users of our Application. Continued use of our Application followingnotice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the termsand conditions of such changes.
8.2 Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contractwith Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION ANDA CLASS ACTION WAIVER.
(a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims forinjunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or serviceprovided by the Company that cannot be resolved informally or in small claims court shall be resolved by bindingarbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, allarbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and toany subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as allauthorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
(b) Notice Requirement and Informal Dispute Resolution. Before either party may seekarbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the natureand basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: 601 BelmontAve E, Seattle, Washington 98102. After the Notice is received, you and the Company may attempt to resolve theclaim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days afterthe Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made byany party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, ifany, to which either party is entitled.
(c) Arbitration Rules. Arbitration shall be initiated through the American ArbitrationAssociation (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitrationas set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADRProvider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to themethod of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. TheAAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online atwww.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutralarbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars(US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seekingrelief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US$10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held ina location within 100 miles of your residence, unless you reside outside of the United States, and unless the partiesagree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date,time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any courtof competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that theCompany made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or$2,500.00. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of thearbitration and shall pay an equal share of the fees and costs of the ADR Provider.
(d) Additional Rules for Non-Appearance Based Arbitration. If non-appearance basedarbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on writtensubmissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall notinvolve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
(e) Time Limits. If you or the Company pursue arbitration, the arbitration action must beinitiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within anydeadline imposed under the AAA Rules for the pertinent claim.
(f) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights andliabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part ofany claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedyor relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue awritten award and statement of decision describing the essential findings and conclusions on which the award is based,including the calculation of any damages awarded. The arbitrator has the same authority to award relief on anindividual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon youand the Company.
(g) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONALAND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY,instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court andare subject to very limited review by a court. In the event any litigation should arise between you and the Companyin any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THECOMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
(h) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THESCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON ANINDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER ORUSER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANYOTHER CUSTOMER OR USER.
(i) Confidentiality. All aspects of the arbitration proceeding, including but not limited to theaward of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintainconfidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a courtof law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive orequitable relief.
(j) Severability. If any part or parts of this Arbitration Agreement are found under the law tobe invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no forceand effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
(k) Right to Waive. Any or all of the rights and limitations set forth in this ArbitrationAgreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect anyother portion of this Arbitration Agreement.
(l) Survival of Agreement. This Arbitration Agreement will survive the termination of yourrelationship with Company.
(m) Small Claims Court. Notwithstanding the foregoing, either you or the Company may bringan individual action in small claims court.
(n) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seekemergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. Arequest for interim measures shall not be deemed a waiver of any other rights or obligations under this ArbitrationAgreement.
(o) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation,violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent,copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
(p) Courts. In any circumstances where the foregoing Arbitration Agreement permits theparties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located withinKing County, Washington, for such purpose
8.3 Export. The Application may be subject to U.S. export control laws and may be subject to exportor import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S.technical data acquired from Company, or any products utilizing such data, in violation of the United States exportlaws or regulations.
8.4 Disclosures. Company is located at the address in Section 8.8. If you are a California resident, youmay report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the CaliforniaDepartment of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or bytelephone at (800) 952-5210.
8.5 Electronic Communications. The communications between you and Company use electronicmeans, whether you use the Application or send us emails, or whether Company posts notices on the Application orcommunicates with you via email. For contractual purposes, you (a) consent to receive communications fromCompany in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and othercommunications that Company provides to you electronically satisfy any legal requirement that such communicationswould satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
8.6 Entire Terms. These Terms constitute the entire agreement between you and us regarding the useof the Application. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiverof such right or provision. The section titles in these Terms are for convenience only and have no legal or contractualeffect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason,held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid orunenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permittedby law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner ofthe other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, orotherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract,delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms.The terms and conditions set forth in these Terms shall be binding upon assignees.
8.7 Copyright/Trademark Information. Copyright © 2020 Indoor Collective Inc. All rights reserved.All trademarks, logos and service marks (“Marks”) displayed on the Application are our property or the property ofother third parties. You are not permitted to use these Marks without our prior written consent or the consent of suchthird party which may own the Marks.
8.8 Contact Information:
601 Belmont Ave E, C5
Seattle, Washington 98102